A LOCAL WOODCUTTER responded to Judge Clagett’s inquiry as to the price of a load of firewood. Stunned by the offered price, the judge damned the man, who in the opinion of Judge Clagett was asking far too much. The woodcutter, not unaccustomed to swearing, responded in kind. The judge, used to being treated with the utmost respect, was offended by the response and issued a warrant against the man for profane swearing, and caused the fellow to be brought before him for trial. The defendant, now aware that he was well over his head, realized this was an excellent time for absolute humility, and begged the justice’s pardon, stating that if he had known whom he was addressing, he would never have used such language. Clagett responded, "Squire Clagett harbors malice against no man and freely forgives you." The woodcutter, now relieved, thanked the judge, turned and was about to leave the courtroom, when Clagett bellowed, "Stop sir; Squire Clagett forgives you, but the law does not!" The court then went on to pronounce judgment against the man, who was happy to get off with the sacrifice of his load of wood as the fine and costs.

If you think a member of the judiciary has rudely treated you, read on and take comfort.

Charles Atherton in his memoir of Judge Wyseman Clagett (1721-1784) described him as follows:

"Eccentric and overbearing, he was a strange mixture of severity and indulgence, alternately betraying strong passions and weak feelings. Sanguine and despondent, by sudden changes of his mind, for which no reason could be assigned. Rough and boisterous in his manners, they were rendered still more offensive by profanity as reckless and extravagant as can well be conceived. These manners, added to his horrific physiognomy and stateliness of his person, made him an object of terror to children, among whom there would be sad scampering when it was announced that old Clagett was coming."

Consider having a courtroom encounter with a prosecutor or judge having the physical characteristics and demeanor of Clagett. Atherton describes him as:

"tall and robust, his countenance stern and severe, with a strong brow, devouring black eyes, and a voice like Stentor himself. He had a peculiar twitch of the mouth, by which it was drawn to the ear, as if he would engulf it, accompanied by a strong muscular motion of his bushy brow, and snap of the eye, appalling to the beholder, and indicative of anything but placidity and mildness. His rudeness of manner and profanity of speech matched well his looks. He was a terror to evildoers; there was no escape for the violators of the law."

In New Hampshire, well into the 19th century, the name Clagett was synonymous with "prosecute;" to be "Clagetted" meant to be prosecuted.

Wyseman Clagett was born in England in 1721. His father was a wealthy English barrister who owned a substantial estate in the Bristol area. The mansion was said to have 12 chimneys and a coach house. The family lived in style with not less than eight servants. Wyseman Clagett was provided with an excellent classical education in public schools, but little else, as his father lived lavishly, well above his means, always on the edge of insolvency. Upon his father’s death, his liabilities exceeded his assets.

While Clagett was admitted to the profession of law at the Inns of Court, practiced as a barrister of the King’s Bench and had a successful practice, he realized that his financial goals could not be achieved in England. In 1748, at the age of 27, Clagett established a law practice on the island of Antigua. He made a valuable friend of a well-established elderly lawyer who, on his death in 1750, provided Clagett with an annuity of 50 pounds sterling for life. It is said that this annual sum was paid promptly each and every year of Clagett’s life.

Clagett relocated to Portsmouth, New Hampshire around 1758, and as a well-bred, well-educated and loyal subject of the king, he was immediately accepted as a member of the bar, a notary public and justice of the peace. In 1765, Governor Benning Wentworth appointed Clagett attorney general for the colony. Later, Governor John Wentworth appointed him magistrate and prosecutor for New Hampshire. This was a significant post, as before the establishment of counties, most or all trials were held in Portsmouth. It was in this position that Clagett achieved his life-long reputation.

As a young and single man in Portsmouth, Clagett was without funds for an evening of entertainment. He commanded his friend, the sheriff, to apprehend a wrongdoer. The sheriff diligently followed orders and brought an accused man before Clagett, who immediately found the man guilty and imposed a fine, whereupon Clagett and the sheriff now had adequate funds to enjoy an evening devoted to food and drink.

Shortly after his arrival in New Hampshire, Clagett married Miss Lettice Mitchel, a young lady of 18 years from a wealthy family. On being congratulated by a fellow lawyer on having married a fortune, Clagett replied, "I have not married a fortune, sir. I have only married one of fortune’s daughters; that is, sir, I have married a Miss-fortune." The marriage was not a happy one.

If there was one thing Clagett understood, it was the changing of the winds of time and politics. With no regard for loyalty to those who had favored him with appointments, he decided that political change was enviable and resigned his positions. He enthusiastically endorsed the cause of liberty. Once the Revolutionary War commenced, he was appointed as a member of the Committee of Safety for New Hampshire. The Committee of Safety served as the executive and judicial branch of government. It was a swift and efficient court system for the prosecution of citizens suspected of retaining loyalty to the king; a kangaroo court. In January 1776, Clagett was appointed by the council and assembly to be NH’s attorney general, a position in which he served until 1783.

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