Chief-Justice diaries Doe. interest occasioned by the peculiar circum stances of the case, and the court room was besieged. Judge Doe ordered the windows taken out of the court room, so that there was a free access for the outdoor air. He allowed all present, who chose, to wear their hats, and everybody present wore overcoats. He himself wrapped a coarse blanket about his legs. When the trial was nearly through, Almy expressed some fear that, if the finding of the two judges was that he was only guilty of the second degree, he would be lynched. Judge Doe caused him to be asked if he would waive the right to be present when the sentence was announced. Almy gladly assented and, in consequence thereof, before anyone of the crowd had any knowledge of the intended departure, he was well on his way to Concord. The court found Almy guilty of the first degree and handed the sentence of death to the clerk, directing that a certified copy be read to Almy in the State Prison at Concord, which was subsequently done. Unquestionably, the idea of the chief justice was to effect another reform in the procedure of the State, and thereby avoid the sensational scene, so eagerly sought for by many persons of morbid appetite. That the Supreme Court of the State would have sustained this ruling, and held that the ac cused could waive the antiquated form of English law, which required that he should be asked what he had to say why sentence should not be pronounced, at a time when nothing that he could say would have any effect, as well as waive a jury trial by plead ing guilty, there is no doubt. Indeed, there is no reason to suppose that Almy had any desire to raise that question. But the de cision of the Supreme Court in Bell v. United States, 140 U. S. 118, had undoubtedly escaped Judge Doe's notice. When it was brought to his attention, after some effort to induce the counsel for Almy to move for a rehearing, the attorney general filed a motion
to bring the prisoner into court again, the term not having been finally adjourned. This was done and, after a rehearing, which had been asked for by the defense after the order was made to bring him in, the prisoner was sentenced anew with the usual formali ties and subsequently executed. A paper written by Judge Doe, in which he analyzed the evidence and showed how the result was reached by the court, was given to the coun sel for the defense, and shows very clearly the working of his mind. Although Judge Doe was a man of great quickness of perception, usually preceding, rather than following, the words of the person addressing the court, he listened with great patience and apparent close attention to the arguments on questions of law. He took copious notes during oral arguments, often to the great satisfaction of the counsel, who supposed that his points were appreciated. His notes, which he always preserved with the papers in the case, were not, however, simply a statement of the suggestions of counsel, but very frequently, when he did not assent to the propositions, there would follow his answer to the argument prefaced by, " Doe says." He did not, however, inter rupt counsel in argument in away calculated to confuse, though he would sometimes make a suggestion intended to direct the argument to what he regarded as a vital point. He claimed to be indifferent to the opin ion of others and was wont to declare that he never read the newspapers. Probably this was " a figure of speech," as it would not do to presume on his ignorance of the important events of the day. He was not a reader of current literature, but on any subject on which his duties as a judge required him to be informed he was sure to be master of all that was essential before he announced his result. It is said that he devoted six months to the study of theology before writing his opinion in Hale г Ever ett. As has been said already, when he desired,
