Fitchburg became a half shire, there were two more
terms held there. The Common Pleas had jurisdiction of all
crimes except capital.

There were some very interesting characters among the old
Judges of the Common Pleas. Among the most remarkable was
Judge Edward Mellen, who was first side Judge and afterward
Chief Justice. He was a man of great law-learning, indefatigable
industry and remarkable memory for cases, diffuse and long-
winded in his charges, and apt to take sides. He took everything
very seriously. It is said that he would listen to the most
pathetic tale of human suffering unmoved, but would burst
into tears at the mention of a stake and stones or two chestnut
staddles.

Mellen with the other Judges of the old Common Pleas Court
was legislated off the Bench by the abolition of that court
in 1858. He moved from Middlesex to Worcester and resumed
practice, but was never largely employed. He was a repository
of the old stories of the Middlesex Bar, many of which died
with him.

A Lowell lawyer told me this story of Judge Mellen. My informant
had in his office a law student who spent most of his time
in reading novels and poetry and writing occasionally for
the newspapers. He was anxious to get admitted to the Bar
and had crammed for the examination. In those days, unless
the applicant had studied three years, when he was admitted
as of course, the Judge examined him himself. The Judge was
holding court at Concord, and an arrangement was made that
the youngster should go to the Judge's room in the evening
and submit himself to the examination. 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
W