for the Court, and while he did not approve of Senter’s style, he didn’t think it made any difference, not, at least, enough to re- verse and remand:


Mr. Senter’s argument was not pro- voked by Mr. Redmond’s, and he in- correctly stated what Mr. Redmond said; but the jury knew that, and would not be misled by it. Mr. Senter stated nothing as a fact, but only as a guess, and as an assent to what he represent- ed Mr. Redmond as saying. While this was not a style of advocacy to be com- mended, it was not so vicious as to re- quire reversal. If he had asserted as a fact what he said as a guess, it might have been different. His argument that, as matter of common knowledge, it is easier to copy or simulate hand- writing with a lead pencil than with a pen, was but appealing to the general experience of the jury as to the com- parative facility with which those in- struments can be used, a matter con- cerning which they might well be sup- posed to have some practical knowl- edge.13


His Tone The practice of law that John H. Senter


pursued in Warren starting in 1879 consist- ed largely of collections work. He charged fifty cents for a letter, five dollars a day for trials.14


For trials he might spend a week in


Montpelier, given the travel time to War- ren.15


His book of letters from that era pro- vides a candid look over his shoulder on how he conducted business. He wrote at- torney Charles Heath in 1882, explaining he had five dollars to send Heath in full set- tlement of a claim, “and if this does not sat- isfy you we will pay nothing, but fight.”16 Sometimes he could be less bellicose,


more diplomatic. To J.B. Fassett, Esq., he wrote, “a friendly settlement suits me best, but if that fails I shall try the other course.”17 M.C. Maxfield was sent a letter in which Senter stated bluntly, “you will save your- self trouble, disgrace, and costs by imme- diately settling this matter.”18


To Agro Si-


monds, Esq., he demanded, “ … you must return his varnish brush immediately, or else he will make you cost. You will therefore do so, or I shall issue a writ against you.”19 Thanking attorney Frank Plumley for pay- ing the costs in a case they tried, Senter added this to the letter: “Frank don’t think I should have hurried you about this mat- ter if it had been my business, but it was not, and I was punched until I got sore. As for interest you may put that in your eye.”20 These letters were not intended for our


eyes, but through them we can appreci- ate the tenor of the man’s character. Sent- er was angry with G.B. Damon for publish- ing an article he had written before receiv- ing the author’s proofs. “I should like to know why in hell you could not wait until you had received my corrections on that tax article.”21


But he was also free enough


in a letter to his friend Zed Stanton to call him names, in a mock-Shakespeare voice: “Away, you starveling, you bull’s pizzle, you vile [paunch] of sin, O, for breath to utter what is like this! I am accursed to rob in such a thief’s company, ye fat-kidneyed ras- cal, … you horse back-breaker; you huge hill of flesh.”22


Appellate Work John H. Senter became a well-respect-


ed appellate attorney in time. His first ap- pearance before the Vermont Supreme Court came in 1882, and in the years up to his death he argued 103 cases in that venue.23


Often he had not tried the case, but took it on for the brief and argument when it reached the high court. His learn- ing made him a powerful appellate advo- cate. That came in part from his work for the Atlantic Reporter. Between 1886 and 1888, Senter is named the reporter for 276 cases of the Vermont Supreme Court. His


8


THE VERMONT BAR JOURNAL • SPRING 2012


www.vtbar.org


Ruminations: John H. Senter


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