Sketch of the Life And Judicial Labors of Chief-Justice Shaw
Sketch of the Life And Judicial Labors of Chief-Justice Shaw
Benjamin Franklin Thomas
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We must try to give a somewhat nearer view of the Chief- Justice on the bench. He was a good nisi prius judge. His perceptions were not remarkably rapid. He was not anxious to anticipate counsel, and see how summarily he could twist the neck of a cause. He was careful, thorough, systematic. He had a patient ear, — not merely the passive consent to lis- ten, but the desire to be instructed in the facts and law of the case, no matter how inconsiderable the amount involved, or humble the parties o...r their counsel. He was no respecter of persons ; and a good point, well put by the youngest mem- ber of the bar, told with the same effect as if by the leader. His rulings upon interlocutory questions and the admission of evidence were well considered and carefully noted. His charges to the jury were simple and clear ; in difficult and complicated questions of law and fact, remarkably lucid, com- prehensive, and forcible in matter and impressive in manner. He had a remarkable power of so stating and illustrating the principles of law applicable to the cause as to reach the minds of the jury.
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