Bar Journal - Winter 2008
NOT YOUR AVERAGE DOE
Notes on the Recently Discovered Library of Chief Justice Charles Doe
By: Attorney Jay Surdukowski
Charles Doe, of Rollinsford, worked as a lawyer in Dover and as Strafford County solicitor before he was appointed to the state’s highest court as an associate justice in 1859 at the age of 29. This photograph is believed to have been taken when he was 33.
In 2007, a treasure trove was placed into the care of the New Hampshire Supreme Court – the personal library of the Granite State’s great Chief Justice Charles Doe (1830-1896). Some 88 boxes of materials, rescued from a barn in Rollinsford, were turned over to the Court in the same year that saw the New Hampshire Supreme Court’s address change to honor Doe.
The collection includes hundreds of law books, biographies, histories, concordances, monographs, and even works of literature such as early nineteenth century editions of Byron, Shelley, Coleridge, Wordsworth, and Shakespeare.1 Perhaps most significant are 403 of Doe’s dockets containing thousands of annotations on the disposition of cases, "notes to self," questions to be submitted to a jury2 and in some instances, the embryos of opinions or dissents, such as four pages’ worth of his famous dissent in Kendall v. Brownson.3 In this draft dissent, a torrent of words pours onto the pages as the jurist uses single-, and even double-exclamation points in places, his passion captured and conveyed with immediacy.4
The library also contains other treasures tangentially connected to Doe but of historical value. It includes five large bound notebooks from Justice Charles Doe’s son, Robert, from his first year at Harvard Law School in 1897-1898. Robert Doe also would serve on the New Hampshire Supreme Court, albeit briefly.5 The professors from whom Robert took notes read like a hall of fame of legal study when the casebook method began: Property with John Chipman Gray; Civil Procedure and Pleading, and Criminal Law with Joseph Henry Beale; Torts with Jeremiah Smith; and Contracts with Dean James Barr Ames (with Samuel Williston’s name crossed out on the flyleaf). The notes quote these legal icons, making these five notebooks a unique snapshot into American legal education at the dusk of the Victorian era.
Of special interest is the Smith notebook. Professor Smith had been a close friend and colleague of Charles Doe on the New Hampshire high court in the 1860s and 1870s and expected much from his New Hampshire students.6 The young Robert Doe sat in Smith’s class a mere year after his father had died. What would it have been like to have been in his shoes, hearing of his father’s cases then?
Many of the 1,764 items in the Doe library yield tantalizing glimpses into the lives, thoughts, and inner musings of the Does: copious marginalia, letters, and news clippings are tucked between the pages of the books and journals. Inscriptions scrawled in margins or on sheets folded and slipped into forgotten volumes open insights into the mind of Charles Doe. Regarding the value of such marginalia, Pulitzer Prize-winning historian Joseph Ellis once said that President John Adams’ marginalia are among "the most revealing statement[s] of his political philosophy."7 For instance, in a work by Jean Jacques Rousseau, Adams scrawled "Thou flea, thou vermin, thou wretch. Thou understandest not humankind."8 Doe’s notes provide evidence of his inclinations toward reform, his peeves, his interests, and show his humorous and poetic sides.
Article author Jay Surdukowski, then a Supreme Court law clerk, and NH Law Librarian Mary Searles page through one of the hundreds of books in the Doe library acquired in 2007. Along with law clerk Keri Noonan, they spent many hours in the unheated warehouse in the winter and spring of 2007 making an initial catalog of the library’s contents.
This article first recounts some highlights of Doe’s legacy and provides a character sketch of this leading figure in New Hampshire jurisprudence. Second, it discusses early revelations that have come from an initial, very preliminary look at this material gathered during an initial indexing process undertaken by members of the staff of the New Hampshire Supreme Court and the State Law Library. At first glance, this enormous trove offers much of value to American legal history. This article focuses on just a few discrete and somewhat eclectic items from the collection that give an idea of Doe’s multi-faceted personality. Those looking for an exhaustive account of everything in the library won’t find it here, but these initial discoveries may set the tone for what is to come when scholars are able to evaluate it more fully.
In part I, Charles Doe is introduced with a brief biographical sketch and an introduction to his works and his career. Part II provides a general sense of the contents of the library, and a "Doe Family Reader." Part III looks at his robust sense of humor. Part IV explores Doe the reformer. Part V explores one of Doe’s intellectual quests -- attempting to prove that Shakespeare was actually the lawyer Francis Bacon. Part VI, entitled "More Doe Mysteries", examines two intriguing items from the collection—an enigmatic phrase tucked in one of Doe’s bibles, and a love poem copied out in the chief justice’s distinctive hand—two items that did not easily fit anywhere in this article’s outline but were too irresistible to exclude.
The timing of this library coming to light is an uncanny coincidence. As noted earlier, the Supreme Court just a few months before the discovery had renamed its campus Charles Doe Place, and the roadway Charles Doe Drive. Recently, Doe’s portrait was moved to a place of honor above the doorway to the Supreme Court chamber where his eyes meet those of the justices as they file out for each session of oral arguments. This resurgence of interest in Doe, coupled with the library’s discovery, prompted headlines in the Concord Monitor, Foster’s Daily Democrat, New Hampshire Bar News, and other publications.
This article is based on the early findings of a very preliminary inventory of the library conducted by the author, at the time a law clerk at the New Hampshire Supreme Court; Mary Searles, the New Hampshire Law Librarian; and Keriann Noonan, law clerk to Justice Gary E. Hicks.9 The inventory was conducted in the winter of 2007 --under conditions that Justice Doe would no doubt have embraced -- an unheated brick warehouse where the collection was kept temporarily after its receipt by the Court. These working conditions thus limited what we could accomplish volunteering on chilly nights and weekends, but in the end we prevailed, providing a rough accounting of the contents so that the Supreme Court could know what was actually in the library it had just received. During the inventory, we noted detailed bibliographical information on each volume and noted whenever a letter slipped out of a book, or that extensive writings in the margins were apparent upon a quick flip through the pages.10 Later, the author returned to the storage space in to make further investigations based upon the initial round of notes. Doe would probably have concluded that this author’s health would have been much improved by his considerable exposure to the bracing "ozone."
I. Charles Doe’s Life in the Law
Full of whimsies and sometimes as eccentric as a March Hare, he was imbued with the spirit of justice and fought for it in the hard, practical, matter-of-fact way that one would expect from a native of New Hampshire.11
—Judge Harold Medina
Dean Pound of Harvard called Doe one of "the ten judges who must be ranked first in American judicial history."12 Professor John Henry Wigmore said that Doe was "one of the greatest American Judges"13 and he dedicated his monumental Treatise on Evidence to Doe, eight years after Doe’s death. By comparison, the svelte pocket edition was dedicated to Oliver Wendell Holmes, Jr., a fact Justice Holmes did not let Wigmore forget.14 Doe’s modern-day successor, Chief Justice John T. Broderick, Jr., recalls his former boss Joseph Millimet’s reverence for Doe: "You know the saying, ‘What would Jesus or the Pope do?’ It was, ‘What would Charles Doe do?’"15
Evidently a working reference that Judge Doe might have even kept at the bench with him, this book of court rules included pages of updated rules pasted in it.
The man who would be so celebrated by peers, legal successors, and scholars was born in Derry, New Hampshire in 1830.16 After a youth of farm work, he attended preparatory schools, then Harvard. For unspecified reasons he left Harvard and took up studies at Dartmouth.17 One possible reason was his expulsion for throwing a tree stump through the window of a college enemy, a deed that Justice Holmes coincidentally repeated at Harvard exactly a decade later.18 One could say there was a precedent for stump throwing in this case.19 At Dartmouth, Doe was a self-proclaimed mediocre student, though he did make Phi Beta Kappa.20 His conversion to a more industrious approach to his life’s work supposedly took place after Doe and some of his classmates21 surreptitiously touched Daniel Webster’s boots as he passed the great orator, who was standing on the edge of a speakers’ platform.22 Doe spent one term at Harvard Law School, and then returned to Dover to study in a prominent lawyer’s chambers: Daniel Christie.23
Within a short time, he was giving political stump speeches and serving as an assistant senate clerk24 and then county solicitor where his name was listed on 223 causes of action.25
At the age of twenty-nine, Doe was appointed to the New Hampshire Supreme Court.26 He had practiced for five years with Charles W. Woodman before his appointment. With only a brief hiatus in 1874-1876 (when political battles resulted in a dissolution, and then a reformation of the high court) Doe served on the state’s highest court until his death at age sicty-five while waiting for the train to take him to Concord.27
Doe is remarkable not merely for his long tenure as a judge, but for his accomplishments as a reformer,28 a judicial independent,29and as a man of insomniac industry.30 He is remembered as a justice blessed with unrivaled clarity and rapidity of thought.31 Legal knots untangled in his hands with great ease, and common sense prevailed in his work in just the right measure. He tore through the jungle of legal forms and archaic procedure and vigorously opposed any kind of code pleading, preferring the more organic and litigant-friendly atmosphere of malleable pleadings, a legacy that persists in the Granite State (but for how much longer remains to be seen).32 He was not a slave to precedent33 and he cherished anonymity over ego,34 making him in some ways a polar figure to Holmes, a jurist ten years his junior who lived for the limelight.35
Doe brought reform to rules of evidence, tort law, and pleadings. He famously developed the New Hampshire rule for criminal insanity, also known as the Durham rule for the name of the 20th century Federal Circuit case that tipped its hat to Doe’s fact- specific jury inquiry of insanity.36 He admitted women to the bar37 and vigorously attacked monopolistic railroads38 and dubious insurance companies39, bravely breaking ranks with his social class. He even personified minks and geese when considering the right to use force to defend property. That ruling, though hailed as a classic for many years, may have prevented him from being appointed to the United States Supreme Court. (It is said that a senator went about the chamber in Washington at the time Doe’s name was floated, reading passages about the "perspectives" of the geese and minks).40 It is an eccentric opinion, but also brilliant. His eccentricities are an inescapable aspect of his career and no introduction to the life of Doe would be complete without at least a passing glance at a few of them, as they crop up as common themes.
Another form of reference work in the Doe library was this book of forms that a lawyer or judge would use to draft court orders.
One recurring motif in reviews of his life and career was Doe’s obsession with cold, clean air. During the infamous Almy murder trial in Plymouth,41 Doe ordered the windows removed in the middle of winter. When asked what to do with the windows, Doe responded: "Take them to Holderness,"42 a town nearby. Doe firmly believed in the merits of "a dose of ozone."43 When a leading attorney couldn’t take the arctic atmosphere in Doe’s courtroom anymore and banged his fist and shouted, "I’d rather try this case out of doors than here."44 Doe boomed out in response: "So would I, Brother Marston! So would I!"45 Perhaps the worst of these chilly memories is the rumor that Doe was responsible for the death of a young Dover lawyer who succumbed to the courtroom draft.46 Doe did not reserve his love of cold air to the public sphere. At his home, the windows were invariably open and the female Doe children often awoke with snow on their pillows.47 Doe’s daily custom was to start the day with a cold bath.48
Doe’s manner of dress also was considered eccentric. Though early on he is said to have strutted in "elegant attire which amounted almost to frippery," once he became a judge he didn’t give a damn, choosing some items for their great utility, such as donning a horse blanket buckled at the shoulders, and a blue hat with earflaps in the winter. He wore oddly shaped, low-heeled shoes that he designed and had specially made with some notion of hygiene in mind.49 Cheap slippers, threadbare outfits, and blue and white mittens worn inappropriately while serving as pall bearer for Chief Justice Henry Bellows (the other justices wore black kid gloves) round out the legend of Doe’s odd sartorial tastes.50 Not surprisingly, he was refused entrance to the Parker House in Boston, having been mistaken for a tramp, only to be rescued at the door by a Harvard professor.51 Doe’s wife and children didn’t have it much better. In her love of simplicity and thrift, his wealthy, but not flashy, wife was mistaken for a gypsy and told to move her wagon several times, and the brood of Doe children wearing utilitarian denim and plain check cloth uniforms caused Mrs. Doe’s family to brand them an "orphan asylum."52
Indeed, Doe’s biographer, Professor John Phillip Reid, writes that he chose to live like a "farmer or a millhand," despite having some inherited wealth. His lifestyle was a subject of great curiosity to the Boston press who often poked fun at Doe in his lifetime.53 Reid is unclear as to just how much money the Does had. The Doe collection, however, includes 20 years’ worth of financial records which Reid appears never to have seen. Two large ledgers detail the finances of Edith Doe and then the family from August 3, 1861-April 1881, all in Edith Doe’s hand. The amounts in stocks, notes due, and bank accounts is astounding by average American family standards in 2008, let alone 1877. For instance, when Edith was 20, in the summer of 1862, she chronicles her assets at $15,346.36-- the equivalent of approximately $309,000 in 2006 dollars. In her neat script, Edith carefully notates holdings with a calm that belies the large amounts she was marshalling on the pale blue pages.54
As a break from the grind of legal work, Doe enjoyed a quiet home life at his Rollinsford Farm where he walked amongst his beloved trees.55 Out of one of the dockets fluttered a note from a New York nursery which communicated regret at not being able to supply a certain kind of apple. The poignant (and strange) thing about this letter addressed to Doe is that it is dated and postmarked October 24, 1896. Doe had died eight months earlier. What is chilling about the letter is that it says "replying to yours of 22[nd]." Perhaps Edith was carrying on the orchard? Surely Doe was not inquiring about apples from beyond the grave, having just traded the earthly garden for the heavenly one?
Of course, Doe spent countless hours in his library in which "sunlight poured into every corner" and "from floor to ceiling, on every inch of wall, were law books that became his friends."56 The balance of this article focuses upon bringing to life some of these "friends" and the stories they have to tell us after 112 years. The aim is to give some insight into both Doe the legal thinker and Doe the man. Reid’s biography and memoirs of colleagues are initial sources supplemented by discoveries we have made about Doe, events in his life and his thoughts as revealed by papers and books from the collection.
II. A Doe Family Reader
What kind of books did the Doe family have around the house, and to whom did they belong? The books in this library are first and foremost a generational collection, meaning they belonged to different branches of the Doe family. While the great bulk contain inscriptions of ownership of Doe, there are some which were clearly his wife’s. There are also books that belonged to Edith Doe’s father, George W. Haven, and Doe’s father, Joseph Doe—both were distinguished citizens, and Joseph Doe served in the New Hampshire House of Representatives.57 Typically the earlier books, with the exception of the 60 or so old English reporters, belonged to one or the other of the couple’s parents.58 There also is a smattering of books which could not have been Doe’s because they date far past his death, even into the 1930s. These books bear the names of some of his children, but in most cases they are inscribed as the property of Robert Doe, the son born in 1875 who also became a justice. Interestingly, there are a number of books that bear the signatures of both justices Doe. For instance, Doe’s name may appear in the upper right corner of the inside cover when one opens a book, and Robert will have written his name underneath that of his father.
A. Law Books
Charles Doe took extensive notes in the blank spaces of the court docket books, noting elements of evidence, proposed orders and remedies, as well as marginalia unrelated to the cases.
There are hundreds of law books in the collection including 143 New York State reports alone. Reporters from Massachusetts, Connecticut, Vermont, Pennsylvania and the United States Supreme Court are also abundant. There is a single reporter from Rhode Island.59 Dozens of old reporters from England are of special note.60 Among these are early editions of Lord Coke’s reports, like Wigmore, a name known to any lawyer or judge. Other reporters have been edited by less known and colorful aristocratic names, such as a 1792 edition of Croke (as opposed to Coke) edited by "Sir Harbottle Grimstone, Baronet."61 A number of these English reporters date from the 1700s, and chronicle cases as far back as the reign of Elizabeth I. Hundreds of law registers and compilations of decisions abound. Most exciting to the student of legal history may be the collection of treatises Doe assembled between the 1850s and 1890s. All told there are approximately 119 with such familiar names embossed in gold as Williston,62 Langdell,63 Greenleaf,64 Gray,65 Pomeroy,66 Cooley,67 and Ames.68 The earliest is Comyn’s The Law of Contracts.69 These two well-preserved volumes date from 1809, twenty years after President George Washington’s inaugural.
The most startling titles to one peering through 2008 eyes are two treatises on slavery—one written by John Hurd and the other by Thomas Cobb.70 Both were written at the national boiling point in 1858. Doe appears to have read at least one of them, based upon penciled-in corrections to several case citations he made to the text.
Doe and Professor John Henry Wigmore were in contact, with the young Wigmore scouting out sources and producing drafts of opinions for Doe in the 1880s.71 Reid, Doe’s biographer believes Wigmore and Doe had a law clerk- judge relationship.72 This contention is bolstered by the presence in the collection of a book by Wigmore on the Australian ballot system which was personally inscribed to Doe "with very best regards" in the February of 1889.73 This is perhaps one of the most exciting finds for people who "grew up" with Wigmore and Doe, so-to-speak, in law school and in practice.
B. History Books
The library is full of reference books that Doe cited in his cases. A quick glance at one of Doe’s most famous dissents defending religious liberty in Hale v. Everett74 reveals that many of the books he cites in this carefully researched opinion were in his personal library. Consider this single string cite found on page 161. The sources in bold are in the library:
1 Hallam Const. Hist. Eng. 106 (11th Eng. ed.); 2 May Const. Hist. Eng. 318-321, 327, 499 (Am. ed. 1865); Echard Hist. Eng. 483, 493, 494, 890, 897, 898, 950; 4 Hume Hist. Eng. 182, 183, 199, 203, 253 (Am. ed. 1850); 5 id. 8, 9, 147, 178, 184, 187, 419, 467; 6 id. 334; 2 Macaulay Hist. Eng. 91, 93, 101, 118, 163, 359, 364, 392, 448, 457 (N. Y. ed. 1849); 3 id. 64, 107, 130, 179, 190, 191-194; 5 id. 248, 251; 12 Lingard Hist. Eng. 268; 1 Martineau Hist. Eng. 375, 385, 437, 504, 506; 3 Burnet Hist. Own Times 326; 3 Burke's Works 431-446 (1st Am. ed.); 2 Camp. Ch. Justices 9; Macaulay Essays 1, 69, 153, 303, 312 (Am. ed. 1847); Sydney Smith Essays 5, 63, 64, 260, 261, 433, 434, 441-443, 472, 474- 476 (Am. ed. 1848); Eng. Ann. Register 1780, Protestant Riots; Id. 1850, pp. 198, 200; 2 Life of Lord Eldon 40, 41, 439, 444; 1 Elliott Hist. N. E. 228; 9 Bancroft Hist. U. S. 272, 275, 278, 317, 318, 499; John Wilson Essays 180 (Phil. ed.); Jardine Gunpowder Plot 17, 79, 142, 145, 172, 304; 10 Camp. Lives Ld. Ch. 88.
Sure enough, turning to the cited pages in Doe’s copies, scribbled notes are prevalent. In places, it may be possible to "reverse engineer" certain of Doe’s premises.
Books of poetry and novels abound in the library. The poetry books, in particular, are handsomely published. An 1847 edition of Byron’s Works75 has a marbleized cover and a flattering etching of Byron on the front piece. There are multi-volume sets in exquisite leather and gilt of William Wordsworth’s poems from 1827, 76 poems by Charles Lamb (1836)77 Walter Scott (1839)78 and Thomas Campbell (1847).79 A collection of the poems of Coleridge, Shelley and Keats from 1829 has striking etchings of the three poets.80 The library also has collections of essays by Campbell and Lamb, among many other essayists’ works, mostly English.
In terms of novels, the most lavishly bound is a collection of George Eliot’s works. There is also the stray Waverly Novel and works of Charles Dickens. For plays, Shakespeare is in abundance in numerous sets and editions, some meticulously illustrated with delicate tissue paper protecting the plates (Doe’s notes on some books of Shakespearian criticism and transcriptions of primary documents are discussed in part V). There are also works in other languages, most spectacular being a small German edition of Goethe’s The Sorrows of Young Werther dating from 1830 and a mysterious little book in Italian entitled Operere di Niccolo Machiavelli from 1813.
D. Curiosities – Sheep, Social Darwinism, and a Nicked Book?
The library also contains clues to other family pursuits. Two massive volumes record Oxford Down Sheep.81 These English sheep have black faces and legs and a tuft of fluffy wool on their heads.82 From one of these books, published in 1912, it appears that Robert Doe had upwards of 50 sheep, considering that the ear tags recorded go as high as "R. Doe 50." It appears from this evidence that Robert Doe carried on the traditions of his father, whose one and only means of spoiling the children was to have animals around the homestead, including sheep and one or two ponies per child.83
One of the more interesting volumes is J.B. Haycraft’s Darwinism and Race Progress,84 which provoked the most bombastic responses from the Does (at least that has come to light) as recorded in the margins of its pages. The book on this dubious "science" was published in 1895, the year before Charles Doe’s death. The original work that sent the racist hucksters tittering, Darwin’s Origin of Species, was published in 1859, the year Doe rose to the high court. But it is left to Robert to scrawl the attack.85 In the chapter where Haycraft deplores the "sterility of the capables" – industrious wealth-building superhumans who just can’t seem to procreate – the young Robert Doe shows a flash of steel reminiscent of his father. The highlighted phrase from the book is "If, however, it should be found that the successful ones are less prolific, from one cause or another, then talent will tend to diminish, and the aristocracies will tend to dwindle by the side of the more prolific democracy, and will possibly eventually disappear."86 The younger Doe writes next to this: "The tendency to diminish the talent for money grubbing of his money grubbing aristocracy may be a good thing!"87
Many of the books create mysteries instead of solving them. One such book is an 1802 edition of the United States Senate debates on the judiciary.88 The book bears a library plate of Josiah Quincy. Josiah Quincy is the namesake of a distinguished Boston family. The first was an aide to George Washington. Three Josiah Quincys were mayors of Boston and one served in Congress. This book probably belonged to the Quincy who was a successful president of Harvard. The funny thing is, this Quincy left Harvard the same year that Doe arrived for his brief college career in Cambridge.89 Did Doe "borrow" the book in another undisciplined act? Or did someone in his family acquire it later at a used bookshop or sale? It is a small mystery and we can only speculate, but the connection with the famous Quincys of Boston is an intriguing one which merits more study, especially considering that there are two other books connected to Josiah Quincys in the library, 90 and a reference to Josiah Quincy, Jr. in some of Doe’s notes on an article in the American Law Review about the Dartmouth College Case.91
III. Doe the Jokester and Caricaturist
Charles Doe engaged in a voluble, scribbled dialogue with the books he read, providing great insights into his thought process as he explored the law.
We know that Doe had a sense of humor. His biographer captures a few choice one-liners. He was once asked if Massachusetts would adopt the New Hampshire doctrine for criminal insanity. Doe responded: "Oh no, in Massachusetts they won’t condescend to take the law from New Hampshire."92 When Doe was congratulated for the wellspring of support he received from New Hampshire citizens petitioning for his appointment to the U.S. Supreme Court, he responded dryly: "Most people can be induced to sign anything that is not a promissory note."93 Two colleagues of Doe report that he would sometimes be so overwhelmed with the occasionally "ludicrous" turn in a court proceeding that he would have to retire to his chamber in order to "have a laugh."94
On several of the dockets, Doe’s sense of humor and modest artistic skill shines through. One note, presumably to a fellow justice, is written on the back of an 1872 docket: "Won’t his elocution be improved by his dividing his argument into stanzas and singing it to the tune Old Hundred?"95 Old Hundred was a popular psalmody of the time. In another docket, he writes or perhaps transcribes from another source this poem:
In the Court of Common Pleas
You must pay the entry fees
Or else you cannot get upon the Docket
Brother lawyers let me say
Look out and get your pay
Leave your own fees (ready jingling) in your pocket.96
This poem appears in the docket for the March, 1863 term in Belknap County. Sure enough, on March 19, 1863, the clerk of the court announced an order "that no entry of any original action or proceeding shall be made on the docket, until the entry fees shall be paid to the Clerk."97 This new rule was tucked into one of Doe’s books of court rules.
On an 1865 docket, Doe writes simply: "Read y[ou]r rules and rem[ember] them."98 Perhaps this was a gentle admonition to a stumbling lawyer appearing before him. Eulogies delivered before the New Hampshire Supreme Court the week after he died mention Doe’s kindness and encouragement of young lawyers.99
We found two examples of caricatures by Doe. One is on the back of an 1859 docket, doodled when he was just twenty-nine and a fresh member of the high court.100 The drawing depicts a man who prophetically resembles Doe in later years: a massive Socratic beard and a great coat reaching past the knees. The figure looks like Edwin Stanton, Abraham Lincoln’s Secretary of War.
Another drawing appears in the front of a 1788 edition of Thomas Leach’s Pleas of the Crown.101 This picture depicts a clean-shaven man with a beaked nose, high collar, and a buttoned coat, extending his arm in an argument. He resembles the Duke of Wellington and there is a word-bubble coming out of his mouth. Unfortunately the words are very faint and the joke is lost.
IV. Evidence of Doe the Reformer
Physically, the 403 dockets containing listings of court cases are of special interest due to their sheer number and variety – as well as the fact they span Doe’s entire career from the pre-Civil War years until the late Victorian period. Approximately 5x7 in size, some have plain tan or gray covers and are in the brightest pastels: pale pinks, periwinkle blue, light purples and yellows. Some are bound handsomely in leather; some are embossed "Hon. Charles Doe" in gold letters. And the pages of each book are covered with his handwritten notes covering every blank page and in the margins. Doe made a claim in 1870 that he kept no minutes of the evidence provided during the trial terms.102 These dockets partially belie that assertion as Doe’s dockets reveal his reliance on the blank pages and often the covers of the dockets for "notes to self," almost invariably written in loose, penciled script. Sometimes the notes are mundane -- a grocery list from 1861 which listed bees’ wax and mutton tallow103 or one from 1863 where he writes "get paper, inkstand, knife and pens, 2 cent stamped envelopes and a register."104 But other notes offer substance. Justice Samuel C. Eastman wrote that Doe "had a passion for reform" to the point were it was "almost a hobby."105 If reform was his hobby, these dockets were the notebooks upon which he set down many of his ideas. I reveal a few here.
We know from the various contemporaneous reflections on Doe by close colleagues that he was a political creature when he had to be, lobbying for the passage of laws on occasion; though always behind the scenes in instances where matters concerned the court or vacancies or "when some proposed change was before the legislature."106 Evidence of one such measure for which Doe may have agitated appears to have germinated with two of these docket notes to self. Rules of evidence for the testimony of married persons was the subject of a note from June of 1869. The note seems to be the germination of a bill, judging by the enactment language: "Should be statute that when husband or wife testify for or vs. each other under
Gen St. any statute the adverse party or parties shall have the same right. To take effect on passage."107 The note is preceded with the name "Hobbs." Hobbs is the name of a counselor appearing in the two divorce cases docketed as Foss v. Foss in this docket (the divorces of Harriet and Ivory Foss and Moses and Annie Foss – relation, if any, unknown). In another note from the prior December, similar language appears, this time identifying General Statutes, Chapter 209 as the one under which husbands and wives would be testifying for or against each other under.108 Sure enough, General Statutes, Chapter 209 (1867) allowed such testimony in only four narrow areas: actions on insurance policies only relative to the amount, and value of the insured property, actions against common carriers so far as loss, amount and value of the property in question is concerned, in actions where the subject matter predated the marriage union, and actions for personal injuries to the wife "or for damages to the husband on account of such injuries" (!).109
Perhaps during less than riveting stretches of testimony, Justice Doe’s ceaseless pen sketched likenesses. This sketch, on the cover of a docket book, could be a self-portrait or Edwin Stanton, President Abraham Lincoln's Secretary of War.
On July 7, 1869, presumably within weeks or days of this second notation, the New Hampshire General Court110 approved the following:
Be it enacted by the Senate and House of Representatives in General Court Convened:
Section 1. In the trial of any civil suit or proceeding commenced, or which may hereafter be commenced, in which a husband or wife is competent or shall be admitted to testify as witnesses for or against each other on one side of a case, the same right shall exist on the opposite side of the case.
Section 2. This act shall take effect and be in force from and after its passage.111
We can only speculate as to the connection between the handwritten notes jotted down presumably seven months and then right before the passage of the bill amending Chapter 209. But, the inclusion in the note of language about when the bill would take effect does seem to move it into the realm of a preliminary draft.
Reforms of divorce cases appear to have been on Doe’s mind on other occasions. In two dockets, Doe pencils himself a note, asking: "should affidavits…in divorce be under seal?"112 This note is repeated almost verbatim on the cover of the June and December law terms of 1863. In another note, Doe writes: "Should be book of forms in divorce cases."113 In 1876 Doe considers when in the term orders in divorce cases would be returnable, and that the court clerks would have to be notified on that point.114
On an 1861 docket, Doe writes a note urging that several cases "better be held back from publication" until some of the issues were examined in the cases that were before the court a second time.115 This notation is significant because it sheds light on a pet peeve many in the bar had about Doe—that he delayed the publication of the New Hampshire Reports from time to time.116 Indeed, these delays would be one reason that the northern counties of Grafton and Coos formed a bar association,117 the predecessor to today’s New Hampshire Bar Association. A Coos docket from 1869 has this question scrawled on the cover: "Jury from whole Co[unty]?"118 Perhaps this was an instance of Doe considering the question of the representativeness of a jury during one of his rounds at the Coos trial term in the summer of ’69.
Doe was concerned about the format of the dockets themselves. Many times over the three decades he was on the court, he made notes about the indexing119 and format120 of the dockets --even down to the question of uniformity for certain initials in case titles;121 as well as about the inclusion in dockets of useful information such as directories of lawyers, judges, and civil officers.122 Indeed, his recurring gripe over the the inadequacy of indexes was committed to paper at least a dozen times between 1867 and 1879, leading one to wonder why Doe did not win this battle for more user-friendly dockets sooner.123 My suspicion is that the dozens of different and ever-changing local printers involved over the years in the ten counties made it tough for standardization. And, he simply wasn’t "the decider" until 1876 when he became Chief Justice.
Echoing a centuries-old concern that the north country of New Hampshire is sometimes shortchanged, Doe wrote in 1866: "Coos cases not printed soon enough."124 And on another: "Coos index imperfect."125 Perhaps the strangest note to self about the dockets appears twice: "Clerk shouldn’t roll up your dockets."126 This pair of soft cover dockets does seem to have been rolled up at one time. Doe appears to have been quite particular about reforming the little things as well as the big, judging from these frequent notes on the dockets.
V. Doe and Shakespeare
Chief Justice Doe served on the Supreme Court for 35 years and has been described as a brilliant jurist and a modest, kindhearted family man. This portrait is believed to date from 1885 to shortly before his death in 1896.
Some of the memoirs that have come down to us about Doe make the provocative claim that he did not indulge in literature at all; and even more incredible, that he only read one work of fiction in his life, the novel Les Miserables during a trial.127 Another assertion is that Doe’s interest in Shakespeare stemmed from his effort to prove that Shakespeare had legal training and was in fact Francis Bacon.128 Though there are a number of handsome early editions of the plays in the Doe library, it is only from secondary sources in the library that I found evidence of Doe’s interest.129 In one of his volumes, Doe marked up a critical essay on the Baconian theory and highlighted these passages with a pencil stroke, also underlining two phrases:
It is demonstrated that he was no attorney’s clerk, as Lord Campbell believed, but a ripe, learned and profound lawyer; so saturated with precedents that at once in his sublimest and sweetest flights he colors everything with legal dyes, sounding every depth and shoal of poetry in only the judicial key.
. . . .he was a constitutional aristocrat.
In another volume which published transcriptions of various primary documents from Shakespeare’s life, on at least seven pages, Doe carefully underlines turns of phrase that are decidedly legal terms of art.130 These tall pages of small printed 16th century English are incredibly dense, but Doe appears to have doggedly slogged through them to prove his point. On page 392 next to a notation about a change in date in a play, Doe writes "The legal year began March 25."131 He includes a citation to the Encyclopedia Britannica with his bit of marginalia. This studious cross-referencing is something that emerges in many of his margin notes. Next to an account of the absence of reference to many books in the 1616 Shakespeare will, Doe defiantly writes: "Then he was not the writer of the plays."132
Based upon these annotations it appears that Doe was not as much of a single-minded reader as some of his colleagues claimed in the aftermath of his death. His reading interests were broader than just the law. It makes for a nice jurisprudential legend that he marshaled all his reading energy towards rallying legal and historical facts for opinions,133 but he definitely had an interest at least in Shakespeare, judging by the provocative marginalia he left behind. Although his biographer alludes to Doe’s strong interest in the Battle of Waterloo, which included reading and marking up every volume he could find about the famous battle – liberally scratching the word "wrong" in the margins134 – the Doe collection sadly contains no evidence of this preoccupation—the Waterloo books are strangely absent. However, one article about the Dartmouth College case does show Doe had a habit of scribbling the word "wrong" when he disagreed adamantly with a premise on the printed page.
VI. More Doe Mysteries – Dignity and Love
Among the hundreds of books in the Doe library recently given to the Court, this reporter of English law includes law enacted in the 11th year of the reign of King George II (1738).
As noted in Part II, sometimes the materials in the library create new mysteries.
A. Finding Dignity
Doe was a Unitarian who attended church regularly in Dover in his younger days—the very church out of which Hale v. Everett would spring.135 Later in life he did not attend, so as to reserve Sunday for recuperating from his frantic work schedule.136 In one of the numerous bibles and other religious books in the library was tucked the following cryptic note, found in the pages of Samuel:
Like many others who have done most for their generation, he was often unjustly accused and persecuted.137
Because it was found in Doe’s copy of the Parallel Bible, the note would seem to be from that source, perhaps from the book of David. For a time during research for this article, this note was even dubbed "The David note"138 by people with whom I discussed the finds. But, it turns out, in fact, that the note is copied, with the exception of the subject’s name, word-for-word from Philip Van Ness Myer’s Outlines of Ancient History.139 The original appears on page 176 in a discussion of Theban supremacy. It is the Greek general and statesman Epaminondas who "was often unjustly accused and persecuted."140 The next line in Myer’s book is especially revealing: "He it was who, when his enemies sought to disgrace and annoy him by electing him "public scavenger," made, in accepting the office, the memorable utterance, ‘If the office will not reflect honor upon me, I will reflect honor upon it.’"141
Might Doe have jotted this down to steel himself against the slings of criticism he endured at times, or perhaps to find solace and dignity during his forced absence from the bench in 1875 and 1876, when the Legislature swung to Democratic Party control and the Court was abolished. The comment is, after all, tucked in a bible – a source of truth and solace for some. It is an intriguing speculation. His life and even physical appearance do resemble the pioneering Epaminondas, a man Cicero called "first citizen of Greece."
While this note summons an image of Doe struggling with issues of fortitude against adversity, another fragment summons a fleeting image of a romantic side to Doe.
B. Finding Love
Nestled between the pages of an edition of Shakespeare’s verses and plays was a fragment of a poem about love and courtship. The poem is credited as anonymous in such works as the 1878 Fireside Encyclopedia of Poetry. The poem is written in a script exactly like Doe used when he wrote the docket fees poem discussed in part III. The paper is lined and is the same size as one of the dockets. It’s reproduced here as it appears on the page. Note that the lines are too long for the narrow scrap of paper and spill over, one can tell this visually, and also by working out the basic rhyme scheme.
To a Lady of Lancastrian
Descent with the present
Of a white rose.
If this white rose offend
It in thy bosom wear,
‘Twill blush to find
itself less white
And bloom Lancastrian
But if thy ruby lips it spy.
If kiss it those shouldst deign,
With every pale twill lose its dye,
And Yorkish turn again.
The rhyme scheme features simple rhymes: sight/white; wear/there; spy/dye; deign/again. Curiously, the speaker of the poem chooses a metaphorical matrix tinged with tragedy by invoking the War of the Roses between the Yorks and the Lancasters in medieval England. What precisely did Doe have in mind here when he copied this poem? Did he believe this poem reflected his life somehow? Were the Havens and Does rival "houses" in Victorian New Hampshire? Is this a relic of a courtship? Whatever theory one adopts, one thing is certain, it’s another side of the man – a window into his humanity.
|Author Jay M. Surdukowski
As I examined these fragments of Doe’s thoughts and concerns and musings, I felt at times like a classicist or an archeologist, devoting hours of study to Latin inscriptions on shards of clay and pieces of marble—or alternatively to a character from an old detective novel. I found these revealing glimpses of the man broadened my knowledge of him and his world, but left me with more mysteries than answers.
There is much more to be harvested by scholars poring over this library. I hope that this article will serve as a small inspiration for further inquiry into the man. Consider this article a draft with some of the rhymes roughed out; in time, others may be able to use the library to further refine the poetry of the man we know as Chief Justice Charles Doe of New Hampshire.
1 For an article about how the collection came to the hands of the Court, see Annmarie Timmins, Glimpses of a Distant Legal Past: Old Notes Detail Judges Thoughts, Concord Monitor, January 3, 2007, at A1. The library is also known not to be absolutely complete, though it may be close. One or two books were removed by a book dealer sometime in the 1980s. There are also books we knew to look for but that haven’t turned up: books on the Battle of Waterloo annotated by Doe and anything written by close friend of the family Sarah Orne Jewett the novelist (her father was Doe’s personal physician and she spent a great deal of time socializing with the Does).
2 Grafton County Supreme Judicial Court Docket. July Law Term, 1871 (back cover).
3 Kendall v. Brownson, 47 N.H 186, 196 (1866) (Doe dissenting); Jeremiah Smith, Memoir of Charles Doe, Proceedings of the Southern New Hampshire Bar Association 125, 140 (1897).
5 Robert Doe would be felled by terminal cancer shortly after his appointment. He was only fifty when he passed. Nelson H. Lawry, The Does Don’t Live Here Anymore, Foster’s Daily Democrat, Oct. 28, 2004.
6 Joseph H. Beale, Jeremiah Smith, 35 Harv. L. Rev. 1, 4 (1921).
7 Brian Lamb, Booknotes: America’s Finest Authors on Reading, Writing, and the Power of Ideas 42 (1997).
9 The sort and rough inventory began December 19, 2006 and ended January 7, 2007.
10 Many books – chiefly those in series like reporters – have not been searched page by page for annotations yet. Doubtless such a search will yield more of interest; they are at present the submerged part of the iceberg.
11 Judge Harold R. Medina, 36 Jour. of the Amer. Jud. Soc., 8 (1952) quoted in Frank R. Kenison, Pioneers in Criminology, Proceedings of the Bar Association of the State of New Hampshire 138 (1955-57).
12 Roscoe Pound, Formative Era of American Law 4 (1938) quoted in Frank R. Kenison, Pioneers in Criminology, Proceedings of the Bar Association of the State of New Hampshire 138 (1955-57).
13 John H. Wigmore, Evidence (3rd ed.) 433 (1940) quoted in Kenison, Pioneers in Criminology, supra note 12.
14 See John Phillip Reid, Brandy in His Water: Correspondence Between Doe, Holmes and Wigmore 57 Nw. U. L. Rev. 522 (1962). 15 Timmins, supra note 1.
16 John Phillip Reid, Chief Justice: The Judicial World of Charles Doe 28 (1967).
17 Id. at 35-36.
18 Id. at 36. Holmes’ punishment was a fine and strict talking-to, during the course of which it was revealed all prior stump throwers in Harvard Yard had been kicked-out.
19 Credit for this "insight" is due to Justice Gary E. Hicks of the New Hampshire Supreme Court.
20 Reid, Chief Justice, supra note 16 at 40.
21 Two of whom would serve under him as associate justices. Id.
23 Id. at 49-50.
24 Our current assistant senate clerk, Robert Buccholz is apparently not the first person to hold the job at such a young age.
25 Kenison, Pioneers in Criminology, supra note 12 n. 15.
26 Reid, Chief Justice, supra note 16 at 73-74.
27 Id. at 425, 433.
28 See generally, id.
29 Id. at 297-18.
30 John Reid, A New Light Dawns—The Judicial Operosity of Chief Justice Doe, 9 Vill. L. Rev. 233, 236 (1964).
31 Reid, Chief Justice, supra note 16 at 158.
32 Id. at 96.
33 Id. at 319-31.
34 Charles Corning, The Highest Courts of Law in New Hampshire—Colonial, Provincial and State, 2 Green Bag 469, 487 (1890); Reid, Chief Justice, supra note 16 at 155-58.
35 Reid, Chief Justice, supra note 16 at 156-58.
36 Boardman v. Woodman, 47 N.H. 120, 150 (1865); State v. Pike, 49 N.H. 399 (1870); State v. Jones, 50 N.H. 369 (1871); Reid, Chief Justice, supra note 16 at 119.
37 Petition of Ricker, 66 N.H. 207 (1890).
38 Reid, Chief Justice, supra note 16 at 267-81.
39 DeLancey v. Insurance Co., 50 N.H. 581 (1873).
40 Reid, Chief Justice, supra note 16 at 164-65; Aldrich v. Wright, 53 N.H. 398 (1873).
41 Author conversation with retired Justice William Batchelder, winter, 2007.
42 Reid, Chief Justice, supra note 16 at 168.
43 Id. at 169.
47 Id. at 178.
49 Id. at 166.
50 Id. at 166-67.
51 Id. at 167.
52 Id. at 176.
53 Id. at 179-80.
54 It might be said that it is an admirable thing Doe gave his life to service despite this level of economic comfort – a page from the modern Kennedy or Rockefeller playbook.
55 Smith, supra note 3 at 146.
56 Robert G. Pike, Memories of Judge Doe, Proceedings of the Bar Association of the State of New Hampshire 473 (1909-1916).
57 Lawry, supra note 5.
58 Some of the English reporters bear the name of Doe’s law partner, one of the Charles Woodmans of Dover.
59 XV Rhode Island Reports (1888).
60 Among the old English reporters are the following titles: George Wilson, The Reports of Sir Edward Coke (1777); John Strange, Reports of Adjudged Cases Chancery, Kings Bench, Common Please, Exchequer (1782); Michael Foster, Reports of Some Proceedings on the Commission for the Trial of the Rebels in the Year 1746 (1791); Harbottle Grimstone, Reports of Sir George Croke (1792); Robert Lord Raymond, Reports of Cases Argued and Adjudicated in the Courts of King's Bench & Common Pleas (1792); William Peeve Williams, Reports of Cases in the High Court of Chancery (1793); William Peeve Williams, Reports of Cases Argued and Determined in the High Court of Chancery (1793); E.H. East Reports of Cases Argued and Determined in the Court of King's Bench (1808-10); Edward Hyde East, Reports of Cases Argued and Determined in the Court of King's Bench (1812); George Maule & William Selwan, Reports of Cases Argued and Determined in the Court of King's Bench (1815); Edward Coke, Reports of Cases Argued and Determined in the High Court of Chancery (1823); John Eykyn Hovenden, Reports of Cases Argued and Determined in the Court of King's Bench & Common Pleas (1826); Henry Blackstone, Reports of Cases: Common Pleas and Exchequer (1837); Charles Purton Cooper, Reports of Some Cases Adjudged in the Courts of the Lord Chancellor (1838-1841); Charles Beavan, Reports of Cases in Chancery Argued and Determined in the Rolls Court (1847).
61 Harbottle Grimstone, Reports of Sir George Croke (1792).
62 Samuel Williston, A Selection of Cases on the Law of Contracts (1894).
63 C.C. Langdell, A Selection of Cases on the Law of Contracts (1879).
64 Simon Greenleaf, A Treatise on the Law of Evidence (1858).
65 John Chipman Gray, The Rule Against Perpetuities (1886); John Chipman Gray, Cases on Property (1888).
66 John Pomeroy, A Treatise on Equity Jurisprudence (1892).
67 Thomas Cooley, A Treatise on the Constitutional Limitation (1868); Thomas Cooley A Treatise on the Constitutional Limitation (1874); Thomas Cooley, A Treatise on the Law of Taxation (1879); Thomas Cooley, A Treatise on the Law of Torts (1879).
68 James Barr Ames, A Selection of Cases on Pleading at Common Law (1875); James Barr Ames, A Selection of Cases on the Laws of Bills and Notes (1894).
69 Samuel Comyn, The Law of Contracts (1809).
70 John Hurd, The Law of Freedom and Bondage in the U.S. (1858); Thomas Cobb, An Inquiry into the law of Negro Slavery in the U.S. (1858).
71 Reid, Chief Justice, supra note 16 at 192-93.
72 Id. at 192.
73 John wigmore, The Australian Ballot System as Embodied in the Legislation of Various Countries (1889).
74 Hale v. Everett, 53 N.H. 9, 161 (1868).
75 Byron’s Complete Poetical Works in One Volume (1847).
76 William Wordsworth, The Poetical Works of William Wordsworth (1827).
77 Charles Lamb, The Poetical Works of Charles Lamb (1836).
78 Walter Scott, The Poetical Works of Walter Scott (1839).
79 Thomas Campbell, The Complete Poetical Works of Thomas Campbell (1847).
80 The Poetical Works of Coleridge, Shelley, and Keats (1829).
81 American Oxford Down Record : Containing Pedigrees of Pure Oxford Down Sheep 405, 599, 657 (1912); American Oxford Down Record : Containing Pedigrees of Pure Oxford Down Sheep (1910).
82 The official website for this breed gives a succinct history: "The Oxford Down breed originated in the 1830s after crossing Cotswold rams with Hampshire Down and Southdown ewes. Over the next 50 years the breed stabilised and as most flocks were around the town of Witney, Oxfordshire the name Oxford Down was adopted. The breed achieved widespread success, producing outstanding sheep for mutton and wool, and purebred flocks were established throughout the UK. Large numbers were exported to the USA, Canada, Germany, Denmark, Russia and Argentina. The Oxford Down Sheep Breeders' Association was established in 1889 and in the same year the first Flock Book was published to record the pedigrees of the breed. The reputation of the Oxford Down grew and in the early 20th century, it was one of the most popular crossing sires for lamb and mutton production. Over 1000 rams were penned annually at the Kelso Ram Sales in the Scottish Borders. The traditional sale in England was the Oxford Ram Fair, held for many years in August at Binsey Lane, Oxford. In the face of demand for smaller joints of meat following the Second World War, the breed slipped from favour." Found at http://www.oxforddownsheep.org.uk/
83 Reid, Chief Justice, supra note 16 at 177.
84 J. B. Haycraft, Darwinism and Race Progress (1895). My thanks to Attorney Michael Kostiew for discovering and then transcribing the zingers found in this volume.
85 The notes are in Robert’s handwriting and there is a Harvard appeal card dating from 1898 tucked in the book. 86 Haycraft, supra note Error! Bookmark not defined..
88 Debates in the Senate of the US on the Judiciary (1802).
89 Reid, Chief Justice, supra note 16 at 36.
90 Congressional Speeches of Josiah Quincy (Edmund Quincy ed. 1874); Memoir of the Life of Josiah Quincy Jr. (1874).
91 The Dartmouth College Case, 8 Am. L. Rev. 189, 199 (1874). Doe ultimately would publish an article near the end of his life on the Dartmouth College case in the Harvard Law Review.
92 Reid, Chief Justice, supra note 16 at 160.
94 Id. at 161.
95 Sullivan County, December, 1872 (back cover).
96 Belknap Docket. March Term, 1863 (last page).
97 Insert found in Rules for the Regulation of Practice in the Courts of Common Law and Chancery of the State of New-Hampshire, adopted by the Supreme Judicial Court (1860). This rule book is updated into the next decade with pasted in pages.
98 Docket. Supreme Judicial Court, Third Judicial District, consisting of the counties of Cheshire and Sullivan. December Term, 1865.
99 Charles Doe, Southern New Hampshire Bar Association 83 (1896).
100 Rockingham County Supreme Judicial Court Docket, December Law Term, 1859 (back cover).
101 Thomas Leach, A Treatise of the Pleas of the Crown 1788 (inside cover).
102 Reid, Chief Justice, supra note 16 at 91.
103 Supreme Judicial Court, Strafford County, Law Term, December, 1861 (back cover).
104 Docket. Supreme Judicial Court, Hillsborough County. Law Term December, 1863 (back cover).
105 Samuel C. Eastman, Chief Justice Charles Doe, 9 The Green Bag 245, 246 (1897).
106 Id. at 245 ("His influence was always felt, though not always seen.")
107 Strafford Docket Supreme Judicial Court. Law Term, June, 1869 (cover).
108 Strafford Docket Supreme Judicial Court. Law Term, December, 1868 (cover).
109 General Statutes 1867, chapter 209, sec. 20 I-IV.
110 The official name of the New Hampshire legislature.
111 Laws of New Hampshire 1869, Chapter XXIX.
112 Docket of the Supreme Judicial Court, for Hillsborough County. Law Term, June, 1863 (cover); Docket of the Supreme Judicial Court, for Hillsborough County. Law Term, December, 1863 (cover).
113 Grafton County Supreme Judicial Court Docket, July Law Term, 1867 (cover).
114 Dockets Supreme Court December Law Term 1876 (inside cover).
115 Docket. Supreme Judicial Court, Cheshire and Sullivan, December Term 1861 (front cover).
116 Reid, Chief Justice, supra note 16 at 374-76.
117 The Dartmouth College Case, 8 Am. L. Rev. (1874).
118 Coos County Supreme Judicial Court Docket, Northern District, August Term, 1869.
119 Docket. Supreme Judicial Court, Third Judicial District, Consisting of the Counties of Cheshire and Sullivan. July Term, 1867 (cover); Docket. Supreme Judicial Court, Hillsborough County. Law Term, June 1867 (cover); Docket. Supreme Judicial Court, Hillsborough County. Law Term, December, 1867 (cover); Docket Supreme Judicial Court, Merrimack County, June Law Term, 1868 (back cover); Docket. Supreme Judicial Court, Hillsborough County, Law Term, June, 1868 (back cover); Grafton County Supreme Judicial Court Docket. Jan’y Law Term, 1869 (cover); Docket Supreme Judicial Court, Merrimack County, December Law Term, 1870 (cover); Coos County Supreme Judicial Court Docket. December Law Term, 1872 (cover); Grafton County Supreme Judicial Court Docket. December Law Term, 1872 (cover); Belknap County Supreme Judicial Court Docket, December Law Term, 1873; Rockingham County Supreme Judicial Court Docket, June 1879; Rockingham County Supreme Judicial Court Docket, June 1879.
120 Docket. Supreme Judicial Court, Cheshire County, December Term, 1872 (inside cover); Docket, Supreme Judicial Court, Grafton County, May, 1860.
121 Supreme Judicial Court Docket, June 1881.
122 Supreme Judicial Court Docket, June, 1878.
123 See supra note 119.
124 Grafton County Supreme Judicial Court Docket, July Law Term, 1866 (cover).
125 Grafton County Supreme Judicial Court Docket. Jan’y Law Term, 1869 (cover).
126 Docket of the Supreme Judicial Court, for Hillsborough County. Law Term, December, 1863 (cover); Docket. Supreme Judicial Court, Hillsborough County. Law Term June, 1864 (cover).
127 Pike, Memories of Judge Doe, supra note 56 at 475.
128 Reid, Chief Justice, supra note 16 at 184.
129 There are numerous bookmarks tucked in certain pages, but an initial glance at them does not seem to indicate any rhyme or reason to the marked pages.
130 J.O. Halliwell-Phillipps, Outlines of the Life of Shakespeare, Vol. II 35-37, 56-57, 170-71 (8th ed. 1889).
131 Id. at 92.
132 Id. at 275.
133 Reid, Chief Justice, supra note 16 at 41, 184.
134 Id. at 183.
135 Id. at 239.
136 Id. at 30.
137 Found in The Parallel Bible (1885).
138 Attorney Kostiew came up with this name.
139 Philip Van Ness Myers, outlines of ancient History: From the Earliest Times to the Fall of the Western Roman Empire (1882). Interestingly this book is not in the library, though it may have been at one time.
140 Id. at 176.