"Never so clearly as in the present instance, have I observed that

safeguard of justice which Providence has placed in the nature of man.

Such is the imperious dominion with which truth and reason wave their

sceptre over the human intellect, that no solicitation, however

artful--no talent, however commanding--can seduce it from its

allegiance. In proportion to the humility of our submission to its rule,

do we rise into some faint emulation of that ineffable and presiding

Divinity, whose characteristic attribute it is to be coerced and bound

by the inexorable laws of its own nature, so as to be _all-wise_ and

_all-just_ from necessity rather than election. You have seen it in the

learned advocate who has preceded me, most peculiarly and strikingly

illustrated. You have seen _even_ his great talents, perhaps the first

in any country, languishing under a cause too weak to _carry_ him, and

too heavy to be _carried_ by him. He was forced to dismiss his natural

candor and sincerity, and, having no merits in his case, to take refuge

in the dignity of his own manner, the resources of his own ingenuity,

from the overwhelming difficulties with which he was surrounded.

Wretched client! unhappy advocate! what a combination do you form! But

such is the condition of guilt--its commission mean and tremulous--its

defence artificial and insincere--its prosecution candid and simple--its

condemnation dignified and austere. Such has been the defendant's

guilt--such his defence--such shall be my address to you--and such, I

trust, your verdict. The learned counsel has told you that this

unfortunate woman is not to be estimated at forty thousand pounds. Fatal

and unquestionable is the truth of this assertion. Alas! gentlemen, she

is no longer worth anything; faded, fallen, degraded, and disgraced, she

is worth less than nothing! But it is for the honor, the hope, the

expectation, the tenderness, and the comforts that have been blasted by

the defendant, and have fled forever, that you are to remunerate the

plaintiff by the punishment of the defendant. It is not her present

value which you are to weigh; but it is her value at that time when she

sat basking in a husband's love, with the blessing of Heaven on her

head, and its purity in her heart; when she sat amongst her family, and

administered the morality of the parental board. Estimate that past

value--compare it with its present deplorable diminution--and it may

lead you to form some judgment of the severity of the injury, and the

extent of the compensation.

"The learned counsel has told you, you ought to be cautious, because

your verdict cannot be set aside for excess. The assertion is just; but

has he treated you fairly by its application? His cause would not allow

him to be fair; for why is the rule adopted in this single action?

Because, this being peculiarly an injury to the most susceptible of all

human feelings, it leaves the injury of the husband to be ascertained

by the sensibility of the jury, and does not presume to measure the

justice of their determination by the cold and chilly exercise of its

own discretion. In any other action it is easy to calculate. If a

tradesman's arm is cut off, you can measure the loss he has sustained;

but the wound of feeling, and the agony of the heart, cannot be judged

by any standard with which I am acquainted. And you are unfairly dealt

with when you are called on to appreciate the present sufferings of the

husband by the present guilt, delinquency, and degradation of his wife.

As well might you, if called on to give compensation to a man for the

murder of his dearest friend, find the measure of his injury by weighing

the ashes of the dead. But it is not, gentlemen of the jury, by weighing

the ashes of the dead that you would estimate the loss of the survivor.

"The learned counsel has referred you to other cases and other

countries, for instances of moderate verdicts. I can refer you to some

authentic instances of just ones. In the next county, £15,000 against a

subaltern officer. In Travers and Macarthy, £5,000 against a servant.

In Tighe against Jones, £1,000 against a man not worth a shilling.

What, then, ought to be the rule, where rank and power, and wealth and

station, have combined to render the example of his crime more

dangerous--to make his guilt more odious--to make the injury to the

plaintiff more grievous, because more conspicuous? I affect no levelling

familiarity, when I speak of persons in the higher ranks of

society--distinctions of orders are necessary, and I always feel

disposed to treat them with respect--but when it is my duty to speak of

the crimes by which they are degraded, I am not so fastidious as to

shrink from their contact, when to touch them is essential to their

dissection. However, therefore, I should feel on any other occasion, a

disposition to speak of the noble defendant with the respect due to his

station, and perhaps to his qualities, of which he may have many to

redeem him from the odium of this transaction, I cannot so indulge

myself here. I cannot betray my client, to avoid the pain of doing my

duty. I cannot forget that in this action the condition, the conduct,

and circumstances of the parties, are justly and peculiarly the objects

of your consideration. Who, then, are the parties? The plaintiff,

young, amiable, of family and education. Of the generous

disinterestedness of his heart you can form an opinion even from the

evidence of the defendant, that he declined an alliance which would have

added to his fortune and consideration, and which he rejected for an

unportioned union with his present wife--she too, at that time, young,

beautiful and accomplished; and feeling her affection for her husband

increase, in proportion as she remembered the ardor of his love, and the

sincerity of his sacrifice. Look now to the defendant! Can you behold

him without shame and indignation? With what feelings can you regard a

rank that he has so tarnished, and a patent that he has so worse than

cancelled? High in the army--high in the state--the hereditary

counsellor of the King--of wealth incalculable--and to this last I

advert with an indignant and contemptuous satisfaction, because, as the

only instrument of his guilt and shame, it will be the means of his

punishment, and the source of his compensation."

THE SERENADING LOVER.

In the very zenith of Curran's professional career, he was consulted in

a case of extremely novel character, which arose out of the following

circumstances:--

Not many doors from Eden Quay, in Upper Sackville-street, lived a young

lady of very fascinating manners, and whose beauty had attracted

considerable attention wherever she made her appearance. Amongst the

many gentlemen whose hearts she had touched, and whose heads she had

deranged, was one young Englishman, a graduate of Trinity College, and

about as fair a specimen of the reverse of beauty as ever took the chair

at a dinner of the Ugly Fellows' Club. Strange to say, he above all

others was the person on whom she looked with any favor. Men of rank and

fortune had sought her hand--lords and commoners had sought the honor of

an introduction; but no!--none for her but the ugly man! In vain did the

ladies of her acquaintance quiz her about her taste--in vain did her

family remonstrate upon the folly of her conduct, in refusing men of

station for such an individual--no go! none for her but the ugly man!

Her dear papa only seemed to take the affair in a quiet way; not that he

was indifferent about the matter, but he loved her too much to throw

any obstacle in the way of her happiness. Not so, however, with her

brother--a splendid young fellow, whose mortification was intense,

especially as the whole affair was the theme of ridicule among his

fellow-students in Old Trinity. He, though sharing in all the love and

tenderness of the father, could not understand his quiet resignation.

What is it to be thought of that one who was the butt of the

University--one on whom nature had played her fantastic tricks, should

be the person who held the key to his lovely sister's heart? No! the

father might resign himself to his quiet philosophy, but _he_, at least,

would have none of it. It should never be said within the college walls

that he looked tamely on while a farce of this kind was being played

out, especially as some of his most intimate fellow-students, and a

beloved one in particular, took more than a common interest in the

matter.

On a summer morning, in the middle of July, he was coming out of his

hall-door, when the postman handed him two letters, one of which was

directed to his sister. Suspecting the party from whom it came, and that

a knowledge of its contents might lead to some discovery useful to him

in frustrating the writer's designs, he opened it, and found that his

suspicion was correct, and that himself was the object of complaint for

his manner towards him in college; and further, that, as he was about to

leave for England on the following day, and would not return for some

weeks, he would do himself the honor of serenading her at twelve o'clock

that night. After reading the letter, his first thought was to look to

the condition of his horsewhip; but, after a little quiet reflection, he

resolved upon another plan of action.

Breakfast over, he proceeded to the kitchen, summoned all the servants

to his presence, to whom he related the whole story from beginning to

end, and proposed that they should drench him with water when he made

his appearance under the window. But there happened to be among them a

corpulent lady called Betty Devine, who entered a plea of objection to

that mode of proceeding on the ground of "waste of water;" that in

_Edinburgh_, where she had served for seven years, they wouldn't think

of such waste; and that, if the young master would only leave the matter

in _her_ hands, she would _drown_ the musician in a chorus, the like of

which was not to be heard outside the boundaries of bonnie Scotland. To

this proposition on the part of Betty the young gentleman gave a hearty

assent; adding, at the same time, a hope that her want of practice since

she left _Edinburgh_ would be no obstacle to her success. To which Miss

Devine replied, by asking him to name the window out of which she was to

present her _compliments_ to the English minstrel. "As to that, Betty,"

said he, "I leave you to select your own ground; but take care that you

don't miss fire"--an observation which took the stable-boy, Bill Mack,

by the greatest surprise, as, from Betty's powers of administration in

his regard, a _faded_ dark-brown coat the master gave him had been

restored to its original color.

For once in her life-time Betty found herself mistress of her situation,

and having made her arrangements, despatched Bill Mack with an

invitation to some of her sable friends of the Quay to witness the

forthcoming concert at twelve o'clock that night.

Scarcely had the hour arrived, however, when the serenader made his

appearance, dressed in the pink of fashion; and, placing himself under

his lady's window, proceeded to play the guitar in the best style. The

performance hadn't well commenced, when, throwing

"his eye

To her lattice high,"

he beheld a female figure at the two-pair window, which she opened

gently. Then commenced his best efforts in the "art divine." No doubt it

was the lady of his love that was there, about to reward him with

"Nature's choice gifts from above,"

----not the wax artificials of these days, but the _real gems_, which he

hoped to preserve on his passage to England!

That he saw a female figure was but too true: it was Miss Betty Devine,

who had been arranging that portion of her toilet which might endanger

the free exercise of her right arm. This done, Miss Devine stood

forward, and, grasping a certain utensil of more than ordinary

proportions, with one bound, not only "returned its _lining_ on the

night," as Tom Moore says, but also on the head of the devoted

serenader, who was so stunned by Betty's favor, that it was some time

before he realized the nature of the gift. His nasal organ having

settled all doubt in that respect, he made his way from the crowd,

vowing law and vengeance. "What is the matter?" asked a popular

commoner, on his way from the parliament house, to one of the boys of

the Quay; "It's a consart, yer honor, given by Betty de Scotch girl; de

creature's fond o' harmony; and for my part, de tung is stickin' to de

roof of my mout from de fair dint of de corus! I didn't taste a drop

since mornin'. Ay boys, aint ye all dry?" This appeal having met with a

favorable response, the gentlemen of the Quay retired to drink "his

honor's health, and to wash down de music!"

Meanwhile, the next morning the serenading gentleman went in all haste

to his brother-in-law, one of the leading merchants of the city, to whom

he communicated the occurrence of the previous night. He had scarcely

finished, when the merchant took him off to his attorney who, without

further delay, went with them to the residence of Curran, to have his

opinion on the case. When they had finished, Curran at once gave his

opinion. "Gentlemen," said he, "in this country, when we go to see a

friend or acquaintance, all we ever expect is--pot luck!"

* * * * *

Carew O'Dwyer was the first who had the honor of proposing that Curran's

remains should be brought over from England and laid in Glasnevin.

* * * * *

Charles Phillips' first introduction to Curran took place at the Priory,

a country villa about four miles from Dublin. Curran would have no one

to introduce him, but went and took him by the hand.

* * * * *

Lundy Foot, the tobacconist, was on the table, under examination, and,

hesitating to answer--"Lundy, Lundy," said Curran, "that's a poser--a

devil of a pinch."

EMPLOYMENT OF INFORMERS.

"I speak not of the fate of those horrid wretches who have been so often

transferred from the table to the dock, and from the dock to the

pillory; I speak of what your own eyes have seen, day after day, during

the course of this commission, from the box where you are now sitting;

the number of horrid miscreants who avowed, upon their oaths, that they

had come from the seat of government--from the Castle--where they had

been worked upon by the fear of death and the hopes of compensation, to

give evidence against their fellows; that the mild and wholesome

councils of this government are holden over these catacombs of living

death, where the wretch that is buried a man lies till his heart has

time to fester and dissolve, and is then dug up a witness. Is this

fancy, or is it fact? Have you not seen him after his resurrection from

that tomb, after having been dug out of the region of death and

corruption, make his appearance upon the table, the living image of life

and of death, and the supreme arbiter of both? Have you not marked, when

he entered, how the stormy wave of the multitude retired at his

approach? Have you not marked how the human heart bowed to the supremacy

of his power, in the undissembled homage of deferential horror? How his

glance, like the lightning of heaven, seemed to rive the body of the

accused, and mark it for the grave, while his voice warned the devoted

wretch of life and death--a death which no innocence can escape, no art

elude, no force resist, no antidote preserve? There was an antidote--a

juror's oath; but even that adamantine chain, which bound the integrity

of man to the throne of eternal justice, is solved and molten in the

breath that issues from the informer's mouth; conscience swings from her

mooring, and the appalled and affrighted juror consults his own safety

in the surrender of his victim.--Informers are worshipped in the temple

of justice, even as the devil has been worshipped by pagans and

savages--even so, in this wicked country, is the informer an object of

judicial idolatry--even so is he soothed by the music of human

groans--even so is he placated and incensed by the fumes and by the

blood of human sacrifices."

CURRAN AND THE FARMER.

A farmer attending a fair with a hundred pounds in his pocket, took the

precaution of depositing it in the hands of the landlord of the

public-house at which he stopped. Next day he applied for the money, but

the host affected to know nothing of the business. In this dilemma the

farmer consulted Curran. "Have patience, my friend," said the counsel;

"speak to the landlord civilly, and tell him you are convinced you must

have left your money with some other person. Take a friend with you, and

lodge with him another hundred, and then come to me." The dupe doubted

the advice; but, moved by the authority or rhetoric of the learned

counsel, he at length followed it. "And now, sir," said he to Cumin, "I

don't see as I am to be better off for this, if I get my second hundred

again; but how is that to be done?" "Go and ask him for it when he is

alone," said the counsel. "Ay, sir, but asking won't do, I'ze afraid,

without my witness, at any rate." "Never mind, take my advice," said

Curran; "do as I bid you, and return to me." The farmer did so, and came

back with his hundred, glad at any rate to find that safe again in his

possession. "Now, sir, I suppose I must be content; but I don't see as I

am much better off." "Well, then," said the counsel, "now take your

friend with you, and ask the landlord for the hundred pounds your friend

saw you leave with him." It need not be added, that the wily landlord

found that he had been taken off his guard, whilst the farmer returned

exultingly to thank his counsel, with both hundreds in his pocket.

CURRAN AND THE JUDGE.

Soon after Mr. Curran had been called to the bar, on some statement of

Judge Robinson's, the young counsel observed, that "he had never met the

law, as laid down by his Lordship, in any book in his library." "That

may be, sir," said the Judge; "but I suspect that your library is very

small." Mr. Curran replied, "I find it more instructive, my Lord, to

study good works than to compose bad ones.[1] My books may be few; but

the title-pages give me the writers' names, and my shelf is not

disgraced by any such rank absurdities, that their very authors are

ashamed to own them." "Sir," said the Judge, "you are forgetting the

respect which you owe to the dignity of the judicial character."

"Dignity!" exclaimed Mr. Curran; "My Lord, upon that point I shall cite

you a case from a book of some authority, with which you are, perhaps,

not unacquainted." He then briefly recited the story of Strap, in

_Roderick Random_, who having stripped off his coat to fight, entrusted

it to a bystander. When the battle was over, and he was well beaten, he

turned to resume it, but the man had carried it off. Mr. Curran thus

applied the tale:--"So, my Lord, when the person entrusted with the

dignity of the judgment-seat lays it aside for a moment to enter into a

disgraceful personal contest, it is in vain when he has been worsted in

the encounter that he seeks to resume it--it is in vain that he tries to

shelter himself behind an authority which he has abandoned." "If you say

another word, I'll commit you," replied the angry Judge; to which Mr. C.

retorted, "If your Lordship shall do so, we shall both of us have the

consolation of reflecting, that I am not the worst thing your Lordship

has committed."

CURRAN'S QUARREL WITH FITZGIBBON.

Curran distinguished himself not more as a barrister than as a member of

parliament; and in the latter character it was his misfortune to

provoke the enmity of a man, whose thirst for revenge was only to be

satiated by the utter ruin of his adversary. In the discussion of a bill

of a penal nature, Curran inveighed in strong terms against the

Attorney-General, Fitzgibbon, for _sleeping on the bench_ when statutes

of the most cruel kind were being enacted; and ironically lamented that

the slumber of guilt should so nearly resemble the repose of innocence.

A challenge from Fitzgibbon was the consequence of this sally; and the

parties having met, were to fire when they chose. "I never," said

Curran, when relating the circumstances of the duel,--"I never saw any

one whose determination seemed more malignant than Fitzgibbon's. After I

had fired, he took aim at me for at least half a minute; and on its

proving ineffectual, I could not help exclaiming to him, 'It was not

your fault, Mr. Attorney; you were deliberate enough,'" The

Attorney-General declared his honor satisfied; and here, at least for

the time, the dispute appeared to terminate.

Not here, however, terminated Fitzgibbon's animosity. Soon afterwards,

he became Lord Chancellor, and a peer of Ireland, by the title of Lord

Clare; and in the former capacity he found an opportunity, by means of

his judicial authority, of ungenerously crashing the rising powers and

fortunes of his late antagonist. Curran, who was at this time a leader,

and one of the senior practitioners at the Chancery Bar, soon felt all

the force of his rival's vengeance. The Chancellor is said to have

yielded a reluctant attention to every motion he made; he frequently

stopped him in the middle of a speech, questioned his knowledge of law,

recommended to him more attention to facts, in short, succeeded not only

in crippling all his professional efforts, but actually in leaving him

without a client. Curran, indeed, appeared as usual in the three other

courts [of the "Four Courts" at Dublin]; but he had been already

stripped of his most profitable practice, and as his expenses nearly

kept pace with his gains, he was almost left a beggar, for all hopes of

the wealth and honors of the long-robe were now denied him. The memory

of this persecution embittered the last moments of Curran's existence;

and he could never even allude to it, without evincing a just and

excusable indignation. In a letter which he addressed to a friend,

twenty years after, he says, "I made no compromise with power; I had the

merit of provoking and despising the personal malice of every man in

Ireland who was the known enemy of the country. Without the walls of the

court of justice, my character was pursued with the most persevering

slander; and within those walls, though I was too strong to be beaten

down by any judicial malignity, it was not so with my clients, and my

consequent losses in professional income have never been estimated at

less, as you must have often heard, than £30,000."

HIGH AUTHORITY.

Curran was once engaged in a legal argument; behind him stood his

colleague, a gentleman whose person was remarkably tall and slender, and

who had originally intended to take holy orders. The Judge observing

that the case under discussion involved a question of ecclesiastical

law,--"Then," said Curran, "I can refer your Lordship to a high

authority behind me, who was intended for the church, though in my

opinion he was fitter for the steeple."

USE OF RED TAPE.

Curran, when Master of the Rolls, said to Mr. Grattan, "You would be the

greatest man of your age, Grattan, if you would buy a few yards of red

tape, and tie up your bills and papers."

CURRAN AND THE MASTIFF.

Curran used to relate with infinite humor an adventure between him and a

mastiff, when he was a boy. He had heard somebody say that any person

throwing the skirts of his coat over his head, stooping low, holding out

his arms, and creeping along backwards, might frighten the fiercest dog,

and put him to flight. He accordingly made the attempt on a miller's

animal in the neighborhood, who _would never let the boys rob the

orchard_; but found to his sorrow that he had a dog to deal with which

did not care what end of a boy went foremost, so that he could get a

good bite out of it. "I pursued the instructions," said Curran, "and as

I had no eyes save those in front, fancied the mastiff was in full

retreat; but I was confoundedly mistaken; for at the very moment I

thought myself victorious, the enemy attacked my rear, and having got a

reasonably good mouthful out of it, was fully prepared to take another

before I was rescued. Egad, I thought for a time the beast had devoured

my entire centre of gravity, and that I should never go on a steady

perpendicular again." "Upon my word," said Sir Jonah Barrington, to whom

Curran related this story, "the mastiff may have left you your centre,

but he could not have left much gravity behind him, among the

by-standers."

ARTHUR O'LEARY.

Irish Wit and Humor Anecdote Biography of Swift, Curran, O'Leary and O'Connell · 第 5 / 10 段