For his Court work this anti-Nationalist barrister had what he called

his "jury-eye." When he wanted a jury to note a particular point he kept

winking his right eye at them. Entering the Court one day looking very

depressed, a sympathetic friend asked if he was quite well, adding, "You

are not so lively as usual."--"How can I be," replied Grady, "my

jury-eye is out of order."

He was examining a foreign sailor at Cork Assizes. "You are a Swede, I

believe?"--"No, I am not."--"What are you then?"--"I am a Dane." Grady

turned to the jury, "Gentlemen, you hear the equivocating scoundrel. _Go

down, sir!_"

Judge Boyd who, according to O'Connell, was guilty of sipping his wine

through a peculiarly made tube from a metal inkstand, to which we have

already referred, one day presided at a trial where a witness was

charged with being intoxicated at the time he was speaking about. Mr.

Harry Grady laboured hard to show that the man had been sober. Judge

Boyd at once interposed and said: "Come now, my good man, it is a very

important consideration; tell the Court truly, were you drunk or were

you sober upon that occasion?"--"Oh, quite sober, my Lord." Grady added,

with a significant look at the _inkstand_, "As sober as a judge!"

* * * * *

Mr. Bethell, a barrister at the time of the Union of Ireland and Great

Britain, like many of his brethren, published a pamphlet on that

much-vexed subject. Mr. Lysaght, meeting him, said: "Bethell, you never

told me you had published a pamphlet on the Union. The one I saw

contained some of the best things I have ever seen in any of these

publications."--"I am proud you think so," rejoined the other eagerly.

"Pray what was the thing that pleased you so much?"--"Well," replied

Lysaght, "as I passed a pastry-cook's shop this morning, I saw a girl

come out with three hot mince-pies wrapped up in one of your

productions!"

"Pleasant Ned Lysaght," as his familiar friends called him, meeting a

Dublin banker one day offered himself as an assistant if there was a

vacancy in the bank's staff. "You, my dear Lysaght," said the banker;

"what position could you fill?"--"Two," was the reply. "If you made me

_cashier_ for one day, I'll become _runner_ the next."

And it was Lysaght who made a neat pun on his host's name at a dinner

party during the Munster Circuit. The gentleman, named Flatly, was in

the habit of inviting members of the Bar to his house when the Court was

held in Limerick. One evening the conversation turned upon matrimony,

and surprise was expressed that their host still remained a bachelor. He

confessed that he never had had the courage to propose to a young lady.

"Depend upon it," said Lysaght, "if you ask any girl _boldly_ she will

not refuse you, _Flatly_."

* * * * *

O'Flanagan, author of _The Lord Chancellors of Ireland_, writes of

Holmes, an Irish barrister: "He made us laugh very much one day in the

Queen's Bench. I was waiting for some case in which I was counsel, when

the crier called, 'Pluck and Diggers,' and in came James Scott, Q.C.,

very red and heated, and, throwing his bag on the table within the bar,

he said, 'My lords, I beg to assure your lordships I feel so exhausted I

am quite unable to argue this case. I have been speaking for three hours

in the Court of Exchequer, and I am quite tired; and pray excuse me, my

lords, I must get some refreshment.' The Chief Justice bowed, and said,

'Certainly, Mr. Scott.' So that gentleman left the Court. 'Mr. Holmes,

you are in this case,' said the Chief Justice; 'we'll be happy to hear

you.'--'Really, my lord, I am very tired too,' said Mr. Holmes.

'Surely,' said the Chief Justice, 'you have not been speaking for three

hours in the Court of Exchequer? What has tired you?'--'Listening to Mr.

Scott,' was Holmes' sarcastic reply."

* * * * *

Although rivals in their profession, C. K. Bushe had a great admiration

for Plunket's abilities, and would not listen to any disparagement of

them. One day while Plunket was speaking at the Bar a friend said to

Bushe, "Well, if it was not for the eloquence, I'd as soon listen to

----," who was a very prosy speaker. "No doubt," replied Bushe, "just as

the Connaught man said, ''Pon my conscience if it was not for the malt

and the hops, I'd as soon drink ditch water as porter.'"

There is an impromptu of Bushe's upon two political agitators of the day

who had declined an appeal to arms, one on account of his wife, the

other from the affection in which he held his daughter:

"Two heroes of Erin, abhorrent of slaughter,

Improved on the Hebrew command--

One honoured his wife, and the other his daughter,

That 'their' days might be long in 'the land.'"

A young barrister once tried to raise a laugh at the Mess dinner at the

expense of "Jerry Keller," a barrister who was prominent in social

circles of Dublin, and whose cousin, a wine merchant, held the contract

for supplying wine to the Mess cellar. "I have noticed," said the

junior, "that the claret bottles are growing smaller and smaller at each

Assizes since your cousin became our wine merchant."--"Whist!" replied

Jerry; "don't you be talking of what you know nothing about. It's quite

natural the bottles should be growing smaller, because we all know _they

shrink in the washing_."

An ingenious expedient was devised to save a prisoner charged with

robbery in the Criminal Court at Dublin. The principal thing that

appeared in evidence against him was a confession, alleged to have been

made by him at the police office. The document, purporting to contain

this self-criminating acknowledgment, was produced by the officer, and

the following passage was read from it:

"Mangan said he never robbed but twice

Said it was Crawford."

This, it will be observed, has no mark of the writer having any notion

of punctuation, but the meaning attached to it was, that

"Mangan said he never robbed but twice.

_Said it was Crawford._"

Mr. O'Gorman, the counsel for the prisoner, begged to look at the paper.

He perused it, and rather astonished the peace officer by asserting,

that so far from its proving the man's guilt, it clearly established his

innocence. "This," said the learned gentleman, "is the fair and obvious

reading of the sentence:

"Mangan said he never robbed;

_But twice said it was Crawford_."

This interpretation had its effect on the jury, and the man was

acquitted.

* * * * *

There were two barristers at the Irish Bar who formed a singular

contrast in their stature--Ninian Mahaffy was as much above the middle

size as Mr. Collis was below it. When Lord Redsdale was Lord Chancellor

of Ireland these two gentlemen chanced to be retained in the same cause

a short time after his lordship's elevation, and before he was

personally acquainted with the Irish Bar. Mr. Collis was opening the

motion, when the Lord Chancellor observed, "Mr. Collis, when a barrister

addresses the Court, he must stand."--"I am standing on the bench, my

lord," said Collis. "I beg a thousand pardons," said his lordship,

somewhat confused. "Sit down, Mr. Mahaffy."--"I am sitting, my lord,"

was the reply to the confounded Chancellor.

A barrister who was present on this occasion made it the subject of the

following epigram:

"Mahaffy and Collis, ill-paired in a case,

Representatives true of the rattling size ace;

To the heights of the law, though I hope you will rise,

You will never be judges I'm sure of a(s)size."

A very able barrister, named Collins, had the reputation of occasionally

involving his adversary in a legal net, and, by his superior subtlety,

gaining his cause. On appearing in Court in a case with the eminent

barrister, Mr. Pigot, Q.C., there arose a question as to who should be

leader, Mr. Collins being the senior in standing at the Bar, Mr. Pigot

being one of the Queen's Counsel. "I yield," said Mr. Collins; "my

friend holds the honours."--"Faith, if he does, Stephen," observed Mr.

Herrick, "'tis you have all the tricks."

* * * * *

[Illustration: DANIEL O'CONNELL, "THE LIBERATOR."]

It is told by one of O'Connell's biographers that he never prepared his

addresses to judges or juries--he trusted to the inspiration of the

moment. He had at command humour and pathos, invective and argument; he

was quick-witted and astonishingly ready in repartee, and he brought all

these into play, as he found them serviceable in influencing the bench

or the jury-box.

Lord Manners, Lord Chancellor of Ireland, stopped several of the many

counsels in a Chancery suit by saying he had made up his mind. He, in

fact, lost his temper as each in succession rose, and he declined them

in turn. At last O'Connell, one of the unheard counsel, began in his

deepest and most emphatic tone: "Well then, my lord, since your lordship

refuses to hear my learned friend, you will be pleased to hear ME"; and

then he plunged into the case, without waiting for any expression,

assent or dissent, or allowing any interruption. On he went, discussing

and distinguishing, and commenting and quoting, till he secured the

attention of, and evidently was making an impression on, the unwilling

judge. Every few minutes O'Connell would say: "Now, my lord, my learned

young friend beside me, had your lordship heard him, would have informed

your lordship in a more impressive and lucid manner than I can hope to

do," etcetera, until he finished a masterly address. The Lord Chancellor

next morning gave judgment in favour of O'Connell's client.

He was engaged in a will case, the allegation being that the will was a

forgery. The subscribing witness swore that the will had been signed by

the deceased "while life was in him"--that being an expression derived

from the Irish language, which peasants who have long ceased to speak

Irish still retain. The evidence was strong in favour of the will, when

O'Connell was struck by the persistency of the man, who always repeated

the same words, "The life was in him." O'Connell asked: "On the virtue

of your oath, was he alive?"--"By the virtue of my oath, the life was

in him."--"Now I call upon you in the presence of your Maker, who will

one day pass sentence on you for this evidence, I solemnly ask--and

answer me at your peril--was there not a live fly in the dead man's

mouth when his hand was placed on the will?" The witness was taken aback

at this question; he trembled, turned pale, and faltered out an abject

confession that the counsellor was right; a fly had been introduced into

the mouth of the dead man, to allow the witness to swear that "life was

in him."

O'Connell was defending John Connor on a charge of murder. The most

incriminating evidence was the finding of the murderer's hat, left

behind on the road. The all-important question was as to the

identity of the hat as that of the accused man. A constable was

prepared to swear to it. "You found this hat?" said O'Connell.

"Yes."--"You examined it?"--"Yes."--"You know it to be the

prisoner's property?"--"Yes."--"When you picked it up you saw it

was damaged?"--"Yes."--"And looking inside you saw the prisoner's

name, J-O-H-N C-O-N-N-O-R?" (here he spelt out the name slowly).

"Yes," was the answer. "There is no name inside at all, my lord,"

said O'Connell, and the prisoner was saved.

* * * * *

Explaining to a judge his absence from the Civil Court at the time a

case was heard, in which he should have appeared as counsel, O'Connell

said he could not leave a client in the Criminal Court until the verdict

was given. "What was it?" inquired the judge. "Acquitted," responded

O'Connell. "Then you have got off a wretch who is not fit to live," said

the judge. O'Connell, knowing his lordship to be a very religious man,

at once replied: "I am sure you will agree with me that a man whom you

regard as not fit to _live_ would be still more _unfit_ to die."

* * * * *

There was a young barrister--a contemporary of O'Connell--named Parsons,

who had a good deal of humour, and who hated the whole tribe of

attorneys. Perhaps they had not treated him very well, but his prejudice

against them was very constant and conspicuous. One day, in the Hall of

the Four Courts, an attorney came up to him to beg a subscription

towards burying a brother attorney who had died in distressed

circumstances. Parsons took out a one-pound note and tendered it. "Oh,

Mr. Parsons," said the applicant, "I do not want so much--I only ask a

shilling from each contributor. I have limited myself to that, and I

cannot really take more."--"Oh, take it, take it," said Parsons; "for

God's sake, my good sir, take the pound, and while you are at it bury

twenty of them."

There is a terseness in the following which seems to be inimitable.

Lord Norbury was travelling with Parsons; they passed a gibbet.

"Parsons," said Norbury, with a chuckle, "where would _you_ be now if

every one had his due?"--"Alone in my carriage," replied Parsons.

* * * * *

Here is a young Irishman's first Bar-speech. "Your lordships perceive

that we stand here as our grandmothers' administrators _de bonis non_;

and really, my lords, it does strike me that it would be a monstrous

thing to say that a party can now come in, in the very teeth of an Act

of Parliament, and actually turn us round, under colour of hanging us

up, on the foot of a contract made behind our backs."

A learned Serjeant MacMahon was noted for his confusion of language in

his efforts to be sublime. He cared less for the sense than the sound.

As, for example: "Gentlemen of the jury, I smell a rat--but I'll nip it

in the bud." And, "My client acted boldly. He saw the storm brewing in

the distance, but he was not dismayed! He took the bull by the horns and

he _indicted him for perjury_."

Peter Burrowes, a well-known member of the Irish Bar, was on one

occasion counsel for the prosecution at an important trial for murder.

Burrowes had a severe cold, and opened his speech with a box of lozenges

in one hand and in the other the small pistol bullet by which the man

had met his death. Between the pauses of his address he kept supplying

himself with a lozenge. But at last, in the very middle of a

'high-falutin' period, he stopped. His legal chest heaved, his eyes

seemed starting from his head, and in a voice tremulous with fright he

exclaimed: "Oh! h-h!!! Gentlemen, gentlemen; I've swallowed the

bul-let!"

An Irish counsel who was once asked by the judge for whom he was

"concerned," replied: "My lord, I am retained by the defendant, and

therefore I am concerned for the plaintiff."

A junior at the Bar in course of his speech began to use a simile of

"the eagle soaring high above the mists of the earth, winning its daring

flight against a midday sun till the contemplation becomes too dazzling

for humanity, and mortal eyes gaze after it in vain." Here the orator

was noticed to falter and lose the thread of his speech, and sat down

after some vain attempts to regain it; the judge remarking: "The next

time, sir, you bring an eagle into Court, I should recommend you to clip

its wings."

Mr. Tim Healy's power of effective and stinging repartee is probably

unexcelled. He is seldom at a loss for a retort, and there are not a few

politicians and others who regret having been foolish enough to rouse

his resentment. There is on record, however, an amusing interlude in the

passing of which Tim was discomfited--crushed, and found himself unable

to "rise to the occasion."

During the hearing of a case at the Recorder's Court in Dublin the

Testament on which the witnesses were being sworn disappeared. After a

lengthy hunt for it, counsel for the defendant noticed that Mr. Healy

had taken possession of the book, and was deeply absorbed in its

contents, and quite unconscious of the dismay its disappearance was

causing.

"I think, sir," said the counsel, addressing the Recorder, "that Mr.

Healy has the Testament." Hearing his name mentioned, Mr. Healy looked

up, realised what had occurred, and, with apologies, handed it over.

"You see, sir," added the counsel, "Mr. Healy was so interested that he

did not know of our loss. He took it for a new publication." For once

Mr. Healy's nimble wit failed him, and forced him to submit to the

humiliation of being scored off.

In the North of Ireland the peasantry pronounce the word witness

"wetness." At Derry Assizes a man said he had brought his "wetness" with

him to corroborate his evidence. "Bless me," said the judge, "about what

age are you?"--"Forty-two my last birthday, my lord," replied the

witness. "Do you mean to tell the jury," said the judge, "that at your

age you still have a wet nurse?"--"Of course I have, my lord." Counsel

hereupon interposed and explained.

The witness who gave the following valuable testimony, however, was

probably keeping strictly to fact. "I sees Phelim on the top of the

wall. 'Paddy,' he says. 'What,' says I. 'Here,' says he. 'Where?' says

I. 'Hush,' says he. 'Whist,' says I. And that's all."

The wit of the Irish Bar seems to infect even the officers of the Courts

and the people who enter the witness-box. It is impossible, for example,

not to admire the fine irony of the usher who, when he was told to clear

the Court, called out: "All ye blaggards that are not lawyers lave the

building."

Irish judges have much greater difficulties to contend against, because

the people with whom they have to deal have a fund of ready retort.

"Sir," said an exasperated Irish judge to a witness who refused to

answer the questions put to him--"sir, this is a contempt of Court."--"I

know it, my lord, but I was endeavouring to concale it," was the

irresistible reply.

A certain Irish attorney threatening to prosecute a printer for

inserting in his paper the death of a person still living, informed him

that "No person should publish a death unless informed of the fact by

the party deceased."

A rather amusing story is told of a trial where one of the Irish jurymen

had been "got at" and bribed to secure the jury agreeing to a verdict of

"Manslaughter," however much they might want to return one upon the

capital charge of "Murder." The jury were out for several hours, and it

was believed that eventually the result would be that they would not

agree upon a verdict at all. However, close upon midnight, they were

starved into one, and it was that of "Manslaughter." Next day the

particular juryman concerned received his promised reward, and in paying

it, the man who had arranged it for him remarked: "I suppose you had a

great deal of difficulty in getting the other jurymen to agree to a

verdict of 'Manslaughter'?"--"I should just think I did," replied the

man. "I had to knock it into them, for all the others--the whole eleven

of them--wanted to acquit him."

An Irish lawyer addressed the Court as _Gentlemen_ instead of _Your

Honours_. When he had concluded, a brother lawyer pointed out his error.

He immediately rose and apologised thus: "In the heat of the debate I

called your honours gentlemen,--I made a mistake, your honours."

CHAPTER FIVE

THE JUDGES OF SCOTLAND

"Ye Barristers of England

Your triumphs idle are,

Till ye can match the names that ring

Round Caledonia's Bar.

Your _John Doe_ and your Richard Roe

Are but a paltry pair:

Look at those who compose

The flocks round Brodie's Stair,

Who ruminate on Shaw and Tait

And flock round Brodie's Stair.

* * * * *

"But, Barristers of England,

Come to us lovingly,

And any Scot who greets you not

We'll send to Coventry.

Put past your brief, embark for Leith,

And when you've landed there,

Any wight with delight

Will point out Brodie's Stair

Or lead you all through Fountainhall

Till you enter Brodie's Stair."

OUTRAM: _Legal and other Lyrics_.

CHAPTER FIVE

THE JUDGES OF SCOTLAND

From the Institution of the Court of Session by James V of Scotland till

well into the nineteenth century, it was the custom of Scottish judges

when taking their seat on the Bench to assume a title from an estate--it

might even be from a farm--already in their own or their family's

possession. So we find that nearly every parish in Scotland has given

birth to a judge who by this practice has made that parish or an estate

in it more or less familiar to Scottish ears. Monboddo, near Fordoun, in

Kincardineshire, at once recalls the judge who gave "attic suppers" in

his house in St. John Street, Edinburgh, and held a theory that all

infants were born with tails like monkeys; but under the modern practice

of simply adding "Lord" to his surname of Burnet, we doubt if his

eccentric personality would be so readily remembered. Lord Dirleton's

_Doubts_, Lord Fountainhall's _Historical Observes_, carry a more

imposing sound in their titles than if those one-time indispensable

works of reference had been simply named Nisbet on Legal Doubts, and

Lauder on Historical Observations of Memorable Events.

The selection of a title was an important matter with these old judges.

When Lauder was raised to the Bench, his estate to the south-east of

Edinburgh was called Woodhead; but it would never have done for a

Senator of the College of Justice to be known as "Lord Woodhead," so the

name of the estate was changed to Fountainhall, and as Lord Fountainhall

he took his seat among "the Fifteen" as the full Bench of judges was

then termed.

These old-time judges with their rugged ferocity, corruption, and

occasionally brave words and deeds, in a great measure present to us now

a miniature history of Scotland in the seventeenth and eighteenth

centuries. "Show me the man, and I will show you the law," one is

reported to have said, meaning that the litigant with the longest purse

was pretty certain to win his case in the long run. They delighted in

long arguments, and highly appreciated bewilderment in pleadings; "Dinna

be brief," cried one judge when an advocate modestly asked to be briefly

heard in a case in which he appeared as junior counsel. But the tendency

to delay cases in the old Courts stretched beyond all reasonable lengths

and became a scandal to the country. It was not a question of a month or

even a year. Years passed and still cases remained undecided, some even

were passed on from one generation to another--a litigant by his will

handing on his plea in the Court to his successor along with his estate.

This protracted delay in deciding causes formed the subject of that

highly amusing and characteristic skit on the Scottish judges for which

Boswell was largely responsible:

THE COURT OF SESSION GARLAND

PART FIRST

The Bill charged on was payable at sight

And decree was craved by Alexander Wight;[1]

But, because it bore a penalty in case of failzie

It therefore was null contended Willie Baillie.[2]

The Ordinary not chusing to judge it at random

Did with the minutes make avizandum.

And as the pleadings were vague and windy

His Lordship ordered memorials _hinc inde_.

We setting a stout heart to a stey brae

Took into the cause Mr. David Rae:[3]

Lord Auchenleck,[4] however, repelled our defence,

And over and above decerned for expence.

However of our cause not being asham'd,

Unto the whole Lords we straightway reclaim'd;

And our petition was appointed to be seen,

Because it was drawn by Robbie Macqueen.[5]

The answer of Lockhart[6] himself it was wrote,

And in it no argument or fact was forgot;

He is the lawyer that from no cause will flinch,

And on this occasion divided the Bench.

Alemoor,[7] the judgment as illegal blames,

'Tis equity, you bitch, replies my Lord Kames;[8]

This cause, cries Hailes,[9] to judge I can't pretend,

For Justice, I see, wants an _e_ at the end.

Lord Coalston[10] expressed his doubts and his fears,

And Strichen[11] then in his weel weels and O dears;

This cause much resembles that of M'Harg,

And should go the same way, says Lordy Barjarg.[12]

Let me tell you, my Lords, this cause is no joke;

Says with a horse laugh my Lord Elliock[13]

To have read all the papers I pretend not to brag,

Says my Lord Gardenstone[14] with a snuff and a wag.

Up rose the President,[15] and an angry man was he,

To alter this judgment I never can agree;

The east wing said yes, and the west wing cried not,

And it carried ahere by my Lord's casting vote.

This cause being somewhat knotty and perplext,

Their Lordships not knowing what they'd determine next;

And as the session was to rise so soon,

They superseded extract till the 12th of June.

PART SECOND

Having lost it, so now we prepare for the summer,

And on the 12th of June presented a reclaimer;

But dreading a refuse, we gave Dundas[16] a fee,

And though it run nigh it was carried to see.

Law and Laughter · 第 7 / 14 段