He kept the appointment,
but in about ten minutes came out. My informant, who had
recommended him, asked him what was the matter. He said he
didn't know. The Judge had asked him one question only. He
was sure he answered it right, but the Judge immediately dismissed
him with great displeasure. The next morning the lawyer
went up to Judge Mellen in court and said, "Judge, what was
the matter with the young man last night? Did you not find
him fitted?"
"Fitted?" said the Judge. "No sir. I asked him what was
the rule in Shelley's Case, and he told me the rule in Shelley's
Case was that when the father was an atheist the Lord Chancellor
would appoint a guardian for his children."
"Ah," was the reply. "I see. The trouble is that neither
of you ever heard of the other's Shelley."
Judge Byington of Stockbridge in Berkshire used to come to
Worcester a great deal to hold the old Common Pleas Court.
He was an excellent lawyer and an excellent Judge--dry, fond
of the common law, and of black letter authorities. He had
a curious habit of giving his charge in one long sentence
without periods, but with a great many parentheses.
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