On Charles Phillips, who became a judge of the Insolvent Court, noticing

a witness kiss his thumb instead of the Testament, after rebuking him

said, "You may think to _desave_ God, sir, but you won't desave me."

* * * * *

[Illustration: SIR HENRY HAWKINS, LORD BRAMPTON.]

That racy and turf-attending judge, Lord Brampton, better known as Sir

Henry Hawkins, tells many good stories of himself in his

_Reminiscences_, but it is the unconscious humorist of Marylebone Police

Court who records this _bon mot_ of Sir Henry.

An old woman in the witness-box had been rattling on in the most voluble

manner, until it was impossible to make head or tail of her evidence.

Mr. Justice Hawkins, thinking he would try his hand, began with a

soothing question, but the old woman would not have it at any price. She

replied testily, "It's no use you bothering me. I have told you all I

know."--"That may be," replied his lordship, "but the question rather

is, do you know all you have told us?"

When Sir Henry (then Mr.) Hawkins was prosecuting counsel in the

Tichborne trial, over which Lord Chief Justice Cockburn presided, an

amusing incident is recorded by Mr. Plowden. The antecedents of a man

who had given sensational evidence for the claimant were being inquired

into, and in answer to Sir Henry the witness under examination said he

knew the man to be married, but his wife passed under another name.

"What name?" asked Mr. Hawkins. "Mrs. Hawkins," replied the witness.

"What was her maiden name?" added Mr. Hawkins. "Cockburn." Such a

coincident of names naturally caused hearty and prolonged laughter.

In the course of this celebrated trial another amusing incident occurred

which Sir Henry used to tell against himself. One morning as the

claimant came into Court, a lady dressed in deep mourning presented

Orton with a tract. After a few minutes he wrote something on it, and

had it passed on to the prosecuting counsel. The tract was boldly headed

in black type, "Sinner--Repent," and the claimant had written upon it,

"Surely this must have been meant for Hawkins."

Not long after he had ascended the Bench Mr. Justice Hawkins was hearing

a case in which a man was being tried for murder. The counsel for the

prosecution observed the prisoner say something earnestly to the

policeman seated by his side in the dock, and asked that the constable

should be made to disclose what had passed. "Yes," said his lordship, "I

think you may demand that. Constable, inform the Court what passed

between you and the prisoner."--"I--I would rather not, your lordship. I

was--."--"Never mind what you would rather not do. Inform the Court what

the prisoner said."--"He asked me, your lordship, who that hoary heathen

with the sheepskin was, as he had often seen him at the

race-course."--"That will do," said his lordship. "Proceed with the

case."

An action for damages against a fire insurance company, brought by some

Jews, was heard before Chief Justice Cockburn, which clearly was a

fraudulent claim. The plaintiffs claimed for loss of ready-made clothes

in the fire. Hawkins, who appeared for the defendant company, elicited

the fact that ready-made clothes in this firm had all brass buttons as a

rule; and, further, that after sifting the debris of the fire no buttons

had been found. The trial was not concluded on that day, but on the

following morning hundreds of buttons partially burnt were brought into

Court by the Jew plaintiffs. Cockburn was not long in appreciating this

mode of furnishing evidence after its necessity had been pointed out,

and he asked: "How do you account for these buttons, Mr. Hawkins? You

said none were found."--"Up to last night none had been found," replied

Hawkins. "But," said the Chief Justice--"but these buttons have

evidently been burnt in the fire. How do they come here?"--"_On their

own shanks_," was Hawkins' smart and ready reply. Verdict for

defendants.

The alibi has come in for its fair share of jests. Sir Henry Hawkins

relates in his _Reminiscences_ how he once found the following in his

brief: "If the case is called on before 3.15, the defence is left to the

ingenuity of the counsel; if after that hour, the defence is an alibi,

as by then the usual alibi witnesses will have returned from Norwich,

where they are at present professionally engaged."

Sitting as a vacation judge, Sir Walter Phillimore, whose views on the

law of divorce are well known, protested against being called on to make

absolute a number of decrees _nisi_ granted in the Divorce Division.

This fact is said to have called forth a witty pronouncement by a late

president of that Division of the Courts. "Here is my brother

Phillimore, who objects to making decrees _nisi_ absolute because he

believes in the sanctity of the marriage tie. By and by we may be having

a Unitarian appointed to the Bench, and he will refuse to try Admiralty

suits, as he would have to sit with Trinity Masters."

In sentencing a burglar recently, the judge referred to him as a

"professional," to which the prisoner strongly protested from the dock.

"Here," he exclaimed, "I dunno wot you mean by callin' me a professional

burglar. I've only done it once before, an' I've been nabbed both

times." The judge, in the most suave manner, replied, "Oh, I did not

mean to say that you had been very successful in your profession."

* * * * *

[Illustration: THE HON. MR JUSTICE GRANTHAM, JUDGE OF THE KING'S BENCH

DIVISION.]

Mr. Justice Grantham had a keen sense of humour. On one occasion, when

he was judge at the Newcastle Assizes, he left the mansion-house where

he was staying, at night, to post his letters. As he was wearing a cap

he was not recognised by the police officer who was on duty outside, and

the constable inquired of his lordship if "the old ---- had gone to bed

yet." The judge replied that he thought not, and a short while after he

had returned to the house he raised his bedroom window, and putting out

his head called to the constable below: "Officer, the old ---- is just

going to bed now."

[Illustration: THE HON. MR JUSTICE DARLING, JUDGE OF THE KING'S BENCH

DIVISION.]

Hardly a case of any importance comes into Mr. Justice Darling's Court

without attracting a large attendance of the public, as much from

expectation of being entertained by the repartees between Bench and Bar

as from interest in the proceedings before the Court. In a recent turf

libel case his lordship gave a free rein to his proclivity to give an

amusing turn to statements of both counsel and witnesses. At one point

he intervened by remarking that other witnesses than the one under

examination had said that a horse is made fit by running on the course

before he is expected to win a position, and added, "That is so, not

only on the race-course. You can never make a good lawyer by putting him

to read in the library." To which the defendant, who conducted his own

case, replied, "But I take it a barrister does try."--"You have no

notion how he tries the judge," responded Mr. Justice Darling. In the

same case a question arose as to whether the stewards of the Jockey Club

had the power to check riding "short," as it is termed, and the Justice

inquired if the stewards could say, "You must ride with a leather of a

prescribed length," and got the answer, "Yes; they could say if you

don't ride longer we won't give you a license."--"Which means," said the

judge, "if you don't ride longer you won't ride long."

"Who made the translation from the German?" asked the same judge,

regarding a document to which counsel had referred. "God knows; I

don't," was the reply of Mr. Danckwerts. "Are you sure," responded the

Justice, "that what is not known to you is known at all?"

Perhaps Mr. Justice Darling never raised heartier laughter than in an

action some years ago where the issue was whether the plaintiff, who had

been engaged by the defendant to sing in "potted opera" at a music-hall,

was competent to fulfil his contract.

"Well, he could not sing like the archangel Gabriel," a witness had

said, in reply to Mr. Duke, K. C.

"I have never heard the archangel Gabriel," commented the eminent

counsel.

"That, Mr. Duke, is a pleasure to come," was his lordship's swift, if

gently sarcastic, rejoinder.

* * * * *

If witnesses occasionally undergo severe handling in cross-examination

by counsel, there are also occasions when their ready reply has rather

nonplussed the judge.

A case was being tried at York before Mr. Justice Gould. When it had

proceeded for upwards of two hours the judge observed that there were

only eleven jurymen in the box, and inquired where the twelfth man was.

"Please you, my lord," said one of them, "he has gone away about some

business, but he has left his verdict with me."

"How old are you?" asked the judge of a lady witness.

"Thirty."--"Thirty!" said the judge; "I have heard you give the same age

in this Court for the last three years."--"Yes," responded the lady; "I

am not one of those persons who say one thing to-day and another

to-morrow."

Mr. Justice Keating one day had occasion to examine a witness who

stuttered very much in giving his evidence. "I believe," said his

lordship, "you are a very great rogue."--"Not so great a rogue as you,

my lord--t--t--t--t--take me to be," was the reply.

Judge: "Is this your signature?"

Witness: "I don't know."

Judge: "Look at it carefully."

Witness: "I can't say for certain."

Judge: "Is it anything like your writing?"

Witness: "I don't think it is."

Judge: "Can't you identify it?"

Witness: "Not quite."

Judge: "Well, let me see, just write your name here and I will examine

the two signatures."

Witness: "I can't write, sir."

Medical men are not as a rule the best witnesses, being too fond of

using technical words peculiar to them in their own profession. In an

action for assault tried by a Derbyshire common jury before Mr. Justice

Patteson, a surgical witness was asked to describe the injuries the

plaintiff had received; he stated he had "ecchymosis" of the left eye.

Upon the judge inquiring whether that did not mean what was commonly

understood by a black eye, the witness answered: "Yes."--"Then why did

you not say so, sir? What do the jury know of 'ecchymosis'? They might

think, as the farmer did of the word 'felicity,' used by a clergyman in

his sermon, that it meant something in the inside of a pig."

A notorious thief, being tried for his life, confessed the robbery he

was charged with. The judge thereupon directed the jury to find him

guilty upon his own confession. The jury having consulted together

brought him in "Not guilty." The judge bade them consider their verdict

again, but still they brought in a verdict of "Not guilty." The judge

asking the reason, the foreman replied: "There is reason enough, for we

all know him to be one of the greatest liars in the country."

"Have you committed all these crimes?" asked the judge of a hoary old

sinner. "Yes, my lord, and worse." "Worse, I should have thought it

impossible. What have you done then?"--"My lord, I allowed myself to be

caught."

"I knows yer," said a prisoner to the present Lord Chief Justice, "and

many's the time I've given yer a hand when ye've been stepping it round

the track like a greyhound. So let's down lightly, like a good cove as

yer are."

* * * * *

The retort of a witness to Lord Avory was too good to be soon forgotten,

and is still circulating among the juniors of the law-courts. "Let me

see," said his lordship, "you have been convicted before, haven't

you?"--"Yes, sir," answered the man; "but it was due to the incapacity

of my counsel rather than to any fault on my part."--"It always is,"

said Lord Avory, with a grim smile, "and you have my sincere

sympathy."--"And I deserve it," retorted the man, "seeing that you were

my counsel on that occasion!"

CHAPTER TWO

THE BARRISTERS OF ENGLAND

"Hark the hour of ten is sounding!

Hearts with anxious fears are bounding;

Hall of Justice crowds surrounding,

Breathing hope and fear.

For to-day in this arena

Summoned by a stern subpœna,

Edwin sued by Angelina

Shortly will appear."

Sir W. S. GILBERT: _Trial by Jury_.

"As your Solicitor, I should have no hesitation in saying:

Chance it----"

Sir W. S. GILBERT: _The Mikado_.

CHAPTER TWO

THE BARRISTERS OF ENGLAND

From the middle of the thirteenth century the senior rank to which a

barrister could attain at the Bar was that of serjeant-at-law, and from

that body, which existed until 1875, the judges were selected. If a

barrister below the rank of serjeant was invited to take a seat on the

Bench he invariably conformed to the recognised custom and "took the

coif"--became a serjeant-at-law--before he was sworn as one of his (or

her) Majesty's judges. This explains the term "brother" applied by

judges when addressing serjeants pleading before them in Court. "Taking

the coif" had a curious origin. It was customary in very early times for

the clergy to add to their clerical duties that of a legal practitioner,

by which considerable fees were obtained, and when the Canon law forbade

them engaging in all secular occupations the remuneration they had

obtained from the law-courts proved too strong a temptation to evade the

new law. They continued therefore to practise in the Courts, and to hide

their clerical identity they concealed the tonsure by covering the upper

part of their heads with a black cap or coif. When ultimately clerical

barristers were driven from the law-courts, the "coif" or black patch on

the crown of a barrister's wig became the symbol of the rank of

serjeant-at-law. That this distinguishing mark has been, in later years,

occasionally misunderstood is illustrated in the story of Serjeant

Allen and Sir Henry Keating, Q.C., who were opposed to one another in a

case before the Assize Court at Stafford. During the hearing of the case

a violent altercation had taken place between them, but when the Court

rose they left the building together, walking amicably to their

lodgings. Two men who had been in Court and had heard their wrangle were

following behind them, when one said to the other: "If you was in

trouble, Bill, which o' them two tip-top 'uns would you have to defend

you?"--"Well, Jim," was the reply, "I should pitch upon this 'un,"

pointing to the Q.C. "Then you'd be a fool," said his companion; "the

fellow with the _sore head_ is worth six of t'other 'un."

There used to be a student joke against the serjeants. "Why is a

serjeant's speech like a tailor's goose?"--"Because it is hot and

heavy."

* * * * *

"Taking silk," or becoming a K.C. and a senior at the Bar, originated at

a much later date than that of serjeant-at-law. Lord Bacon was the first

to be recognised as Queen's Counsel, but this distinction arose from his

position as legal adviser to Queen Elizabeth, and did not indicate the

existence of a senior body (as K.C. does now) among the barristers of

that period. The institution of the rank dates from the days of Charles

II, when Sir Francis North, Lord Guildford, was created King's Counsel

by a writ issued under the Great Seal. As was customary in the case of a

barrister proposing to "take the coif," so in that of one proposing to

"take silk"; he intimates to the seniors already holding the rank that

he intends to apply for admission to the body. A story is current in the

Temple that when Mr. Justice Eve "took silk" the usual notification of

his intention was sent to the seniors, and from one of them he received

the following reply: "My dear Eve, whether you wear silk or a fig-leaf,

I do not care.--A Dam."

* * * * *

Our selection of facetiæ of the English Bar, therefore, naturally opens

with stories of the serjeants-at-law, and one of the best-known members

of that body in early days was Serjeant Hill, a celebrated lawyer, who

was also somewhat remarkable for absence of mind, which was attributed

to the earnestness with which he devoted himself to his professional

duties.

On the very day when he was married, he had an intricate case on hand,

and forgot his engagement, until reminded of his waiting bride, and that

the legal time for performing the ceremony had nearly elapsed. He then

quitted law for the church; after the ceremony, the serjeant returned to

his books and his papers, having forgotten the _cause_ he had been

engaged in during the morning, until again reminded by his clerk that

the assembled company impatiently awaited his presence at dinner.

Being once on Circuit, and having occasion to refer to a law authority,

he had recourse, as usual, to his bag; but, to the astonishment of the

Court, instead of a volume of Viner's abridgment, he took out a specimen

candlestick, the property of a Birmingham traveller, whose bag Serjeant

Hill had brought into Court by mistake.

A learned serjeant kept the Court waiting one morning for a few minutes.

The business of the Court commenced at nine. "Brother," said the judge,

"you are behind your time this morning. The Court has been waiting for

you."--"I beg your lordship's pardon," replied the serjeant; "I am

afraid I was longer than usual in dressing."--"Oh," returned the judge,

"I can dress in five minutes at any time."--"Indeed!" said the learned

brother, a little surprised for the moment; "but in that my dog Shock

beats your lordship hollow, for he has nothing to do but to shake his

coat, and thinks himself fit for any company."

Serjeant Davy, when at the height of his professional career, once

received a large brief on which a fee of two guineas only was marked on

the back. His client asked him if he had read the brief. Pointing with

his finger to the fee, Davy replied: "As far as that I have read, and

for the life of me I can read no further." Of the same eminent serjeant

in his earlier years an Old Baily story is told. Judge Gould, who

presided, asked: "Who is concerned for the prisoner?"--"I am concerned

for him, my lord," said Davy, "and very much concerned after what I have

just heard."

If Serjeant Davy was concerned about his client, Serjeant Miller had no

such scruple about the man charged with horse stealing whom he

successfully defended, although the evidence convinced the judge and

everybody in the Court that there ought to have been a conviction. When

the trial was over and the prisoner had been acquitted, the judge said

to him: "Prisoner, luckily for you, you have been found Not Guilty by

the jury, but you know perfectly well you stole that horse. You may as

well tell the truth, as no harm can happen to you now by a confession,

for you cannot be tried again. Now tell me, did you not steal that

horse?" "Well, my lord," replied the man, "I always thought I did, until

I heard my counsel's speech, but now I begin to think I didn't."

* * * * *

In the days of "riding" and "driving circuit," and even later, the

Circuit mess was a very popular institution with circuiteers, and was

made the occasion of much merriment. After the table had been cleared a

fictitious charge would be made against one of the barristers present,

and a mock tribunal was immediately constituted before which he was

arraigned and his case duly set forth with all solemnity. The victim was

invariably fined--generally in wine, which had to be paid at once, and

consumed before the company retired to bed. On one such occasion

Serjeant Prime, who is represented as a good-natured but rather dull

man, and as a barrister wearisome beyond comparison, was engaged in an

important case in an over-crowded courtroom. He had been speaking for

three hours, when a boy, seated on a beam above the heads of the

audience, overcome by the heat and the serjeant's monotonous tones, fell

asleep, and, losing his balance, tumbled down on the people below. The

incident was made the subject of a charge against the serjeant at the

mess, and he was duly sentenced to pay a fine of two dozen of wine,

which he did with the greatest good humour.

Serjeant Wilkins, on one occasion, on defending a prisoner, said: "Drink

has upon some an elevating, upon others a depressing, effect; indeed,

there is a report, as we all know, that an eminent judge, when at the

Bar, was obliged to resort to heavy drinking in the morning, to reduce

himself to the level of the judges." Lord Denman, the judge, who had no

love for Wilkins, bridled up instantly. His voice trembled with

indignation as he uttered the words: "Where is the report, sir? Where is

it?" There was a death-like silence. Wilkins calmly turned round to the

judge and said: "It was burnt, my lord, in the Temple fire." The

effect of this was considerable, and it was a long time before order

could be restored, but Lord Denman was one of the first to acknowledge

the wit of the answer.

Difference of manner or temperament sometimes gives point to the

collisions which occasionally occur in Court between rival counsel.

Serjeant Wilkins, who had an inflated style of oratory, was once opposed

in a case to Serjeant Thomas, whose manner of delivery was lighter and

more lively. On the conclusion of a heavy bombardment of ponderous

Johnsonian sentences from the former, Thomas rose, and, with his eyes

fixed on his opponent, prefaced his address to the jury with the words,

delivered with much solemnity of manner and intonation: "And now the

hurly-burly's done."

* * * * *

Dunning was defending a gentleman in an action brought from _crim. con._

with the plaintiff's wife. The chief witness for the plaintiff was the

lady's maid, a clever, self-composed person, who spoke confidently as to

seeing the defendant in bed with her mistress. Dunning, on rising to

cross-examine her, first made her take off her bonnet, that they might

have a good view of her face, but this did not discompose her, as she

knew she was good-looking. He then arranged his brief, solemnly drew up

his shirt sleeves, and then began: "Are you sure it was not your master

you saw in bed with your mistress?"--"Perfectly sure."--"What, do you

pretend to say you can be certain when the head only appeared from the

bedclothes, and that enveloped in a nightcap?"--"Quite certain."--"You

have often found occasion, then, to see your master in his

nightcap?"--"Yes--very frequently."--"Now, young woman, I ask you, on

your solemn oath, does not your master occasionally go to bed with

you?"--"Oh, that trial does not come on to-day, Mr. Slabberchops!"

replied the witness. A loud shout of laughter followed, and Lord

Mansfield leaned back to enjoy it, and then gravely leaned forward and

asked if Mr. Dunning had any more questions to put to the witness. No

answer was given, and none were put. The same counsel, when at the

height of his large practice at the Bar, was asked how he got through

all his work. He replied: "I do one-third of it; another third does

itself; and I don't do the remaining third."

A witness under severe cross-examination by Serjeant Dunning was

repeatedly asked if he did not live close to the Court. On admitting

that he did, the further question was put, "And pray, sir, for what

reason did you take up your residence in that place?"--"To avoid the

rascally impertinence of dunning," came the ready answer.

A barrister's name once gave a witness the opportunity to score in the

course of a severe cross-examination. Missing was the leader of his

Circuit and was defending his client charged with stealing a donkey. The

prosecutor had left the donkey tied up to a gate, and when he returned

it was gone. "Do you mean to say," said counsel, "the donkey was stolen

from the gate?"--"I mean to say, sir," said the witness, giving the

judge and then the jury a sly look, at the same time pointing to the

counsel, "the ass was missing."

* * * * *

Mr. Clarke, a leader of the Midland Circuit, was a very worthy lawyer of

the old school. A client long refusing to agree to refer to arbitration

a cause which judge, jury, and counsel wished to get rid of, he at last

said to him, "You d--d infernal fool, if you do not immediately follow

his lordship's recommendation, I shall be obliged to use strong language

to you." Once, in a council of the Benchers of Lincoln's Inn, the same

gentleman very conscientiously opposed their calling a Jew to the Bar.

Some tried to point out the hardship to be imposed upon the young

gentleman, who had been allowed to keep his terms, and whose prospects

in life would thus be suddenly blasted. "Hardship!" said the zealous

churchman, "no hardship at all! Let him become a Christian, and be d--d

to him!"

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