The Judge began his charge to the jury: "Gentlemen of the jury, a man who takes up a cow straying in a highway is a fool.
George F. Hoar
The Public Record
He comprehended with marvellous clearness the precise extent to which any adjudged case went, and would state its doctrine with mathematical precision.
But the most interesting and racy character among our old Judges was Theron Metcalf.
Fletcher advised his client that although he had an excellent case, the evidence at his command was not sufficient to prove it, and advised against bringing an action.
But he knew how to convey his meaning to the apprehension of Courts and juries.
But in his native county of Barnstaple he was reverenced as a God.
Judge Shaw, in his latter days, was reverenced by the people of Massachusetts as if he were a demi-god.
But the whole people felt that his great integrity and wisdom gave an added security to every man's life, liberty, and property.
His great judgments stand among our great securities, like the provisions of the Bill of Rights.
He was watchful to lay down no doctrine which would not stand this test.
He never undertook to make law upon the Bench, but he perceived with a far-sighted vision what rule of law was likely to operate beneficially or hurtfully to the Republic.
He possessed, beyond any other American Judge, save Marshall, what may be termed the statesmanship of jurisprudence.
Some of his ablest and most far-reaching decisions were written after he was eighty years old.
The counsel who lost his case felt not only that he had had the opinion of a great and just magistrate, but that every consideration he could urge for his client was respectfully treated and either yielded to or answered.
So his decisions in cases where the questions raised are narrow and unimportant are often most valuable contributions to jurisprudence.
But it would be a great public loss if any of Chief Justice Shaw's utterances were omitted.
Chief Justice Shaw, though very rough in his manner was exceedingly considerate of the rights of poor and friendless persons.
If the simplest motion were made, he had to unlimber the heavy artillery of his mind, go down to the roots of the question, consider the matter in all possible relations, and deal with it as if he were besieging a fortress.
I know he's ugly; but I bow to a superior intelligence.
I bow down to him as the wild Indian does before his wooden idol.
I have been surprised that the modern free-traders have not long ago discovered it, and brought it to light.
No more powerful statement of the argument against high protection can be found.
This, with an unfailing courtesy and pleasant humor and integrity of character and life gave him great popularity.
But he had a rare gift of seizing upon the thought which was uppermost in the minds of excellent and sensible men, country farmers, skilled workmen in the shops, business men, expressing it in a clear and vigorous way, always agreeing with…
To him the profession of the lawyer was a sacred office.





