CHAPTER IV

CALLED TO THE BAR

――is it not well that there should be what we call

Professions, or Bread-studies (_Brodzwecke_) pre-appointed

us? Here, circling like the gin-horse, for whom partial or

total blindness is no evil, the Bread-artist can travel

contentedly round and round, still fancying that it is

forward and forward, and realise much: for himself victual;

for the world an additional horse’s power in the grand

corn-mill or hemp-mill of Economic Society.

CARLYLE: “Sartor Resartus.”

In 1884 I was appointed by Mr. Justice Mathew to the first legal

office I had the honour to hold, and went with him on the Oxford

Circuit as judge’s marshal. Mr. Justice Mathew was a very old friend

of my father, and was one of the team that prosecuted Arthur Orton for

perjury. Of those five, three survivors now remained; Hawkins, Mathew,

and Bowen, and all were on the bench. A judge’s marshal has one

official duty; he swears in the grand jury. His other duties are to

act as the judge’s secretary, to see that everything in the judge’s

lodgings runs smoothly, and to suffer admonition gladly if anything

goes wrong. At the end of the circuit Mathew said at least this in my

favour――that I was the only marshal he had ever had who could carve a

chicken and open a soda-water bottle without injuring the carpets.

We went the Oxford Summer Circuit. Butt was our brother judge. It was

a delightful and valuable experience. Mathew was an ideal judge in

criminal cases, and I have never forgotten a maxim he was very fond of

quoting and acting upon: “When the prisoner is undefended the judge

must be his advocate.” In altered terms, it is a counsel of perfection

for a County Court judge or any magisterial person who has the poor

always before him. To see him double the part of prisoner’s advocate

and judge was to witness a masterpiece of subtle wit and honesty.

There has been much discussion of late about the bias of judges. To my

thinking a judge without bias would be a monstrosity. Mathew was an

Irishman and a Liberal. But I never remember his bias interfering with

a straight delivery; unless, indeed, it was on the trial of an

undefended Irish poacher at Oxford. There truly the Liberal

disappeared in the judge, but I think the Irishman swerved a little

from the true line. Anyhow, Mercy had her way, and the poacher was

acquitted.

There were many who regarded Mathew with something like terror, and

for the life of me why one with so kindly a heart should have rejoiced

on occasion in appearing as a man of wrath I cannot say. Perhaps it

was that if he followed on all occasions his humane instincts he felt

that discipline would not be maintained, and that he was really, as it

were, taking gymnastic moral exercise in working himself into

histrionic anger about nothing in particular. There was generally a

sense of humour in these displays which the sufferer was often too

agitated to enjoy. I remember on one occasion an unfortunate sheriff

had spelt and printed and published Mathew’s name on the calendar with

two t’s. The judge sent for him and received him in the drawing-room

of our lodgings in grave state. He explained to the High Sheriff, who

stood quaking before him in a yeomanry uniform, that the offence he

had committed might well be regarded not as petty treason, but as high

treason, being in effect an insult through him as Judge of Assize to

Her Majesty herself. He sent for Butt and solemnly discussed with him

whether he was not in duty bound to fine the unlucky sheriff at least

£500. Butt, who was never more delighted than when he could play his

part in a jest, for some time seriously agreed with Mathew, and the

two discussed whether imprisonment was necessary as well. Then Butt

began to think the fun had gone on long enough, and took the sheriff’s

side and begged his forgiveness. But Mathew, who was really vexed at

slovenliness of this kind, dismissed the sheriff and adjourned his

decision until the morning, “for,” said he in Cromwellian phrase and

intention, “the fellow must be taught his place.”

But on another and more amusing occasion he caused grave fright to

Lister Drummond, my brother marshal. Drummond was an ardent

Catholic――a convert, I believe――and of course Mathew belonged to a

very old Catholic family. I fear we marshals must have been somewhat

of a trial to our respective judges, and every now and then Mathew

would put his foot down. One morning we both arrived at breakfast

rather later than usual. Mathew was reading the paper and eating his

bacon alone, and looked at us in a very Johnsonian and surly manner,

and only grunted a reply to our greetings. Breakfast proceeded in

silence until the judge had finished, when he put down his paper and

said:

“Whose bedroom is next to mine?”

“I believe mine is, Judge,” I said with hesitancy.

“Hm! Then who on earth was talking to you until two in the morning?”

“Well, you see,” I replied more cheerfully, seeing a mischievous

retreat, “it was Drummond, but I’m sure you will approve of it when I

tell you that he wants to convert me to the Holy Faith!”

“Does he?” roared Mathew, banging his fist on the table and glaring at

Drummond. “Then you may take it straight from me, Drummond, that if

you continue to convert Parry in the small hours of the morning, I

leave the Church.”

He swept out of the room, leaving Drummond as limp as the jackdaw of

Rheims.

Mathew had a considerable power of acting, and could have taken a hand

with the best in the old sport of quizzing or “smoking” the victim,

which is known to the moderns under the name of the game of spoof. I

remember well when we were travelling to some cathedral town I was

specifically ordered to get copies of a ribald and amusing local paper

called the _Bat_, or the _Porcupine_, or the _Jackdaw_, or some such

sarcastic beast or bird. This I did, and the two judges thoroughly

enjoyed an open letter in it to my Lord Bishop of the diocese. The

next evening the Lord Bishop dined with us in state, with other

dignitaries of the city. When we retired to the drawing-room, there on

the table, duly arranged with the _Times_, the _Spectator_, the _Law

Journal_ and other staid prints, were the blatant covers of the

offending papers. They caught the Lord Bishop’s eye. He frowned and

looked gravely on the carpet. Mathew, with his ready observation,

noticed the episcopal uneasiness. He stepped to the table in sudden

anger. He seized the offending copies and turned to me with a look of

grave sorrow, illuminated by a tactful quiver of the left eyelid.

“Isn’t this disgraceful? I can’t hinder you from wasting your money on

such trash. But to bring them into the judges’ rooms and leave them

lying about here――――” He stepped to the fireplace and threw them into

the fire with a sigh. “Surely, Parry――surely you do not need to be

told not to do such things.”

And once more the Bishop smiled a smile of righteousness and peace.

It was only a few weeks’ experience, but it stands out as one of the

times when I learned something of the technic of advocacy. I was only

a “walker on” to the stage of the Court, it is true, but I was on all

the time, and could take note of the courses of the stars. Henry

Matthews, Q.C., and Jelf, Q.C., were doing constant battle in the

Civil Court, and Darling was defending poachers and other offenders on

the Crown side. There was plenty of good example for the apprentice to

study. And in between whiles we rowed our judges down the Wye to

Chepstow and nearly spilled them in the river, and journeyed to

Edgbaston to kiss Cardinal Newman’s ring, and visited under the

pleasantest circumstances the old houses and castles and cathedrals of

the Midlands; as if all the world were playing holidays when you went

the Oxford Circuit in summer.

At the end of 1884 I was married, and in January, 1885, I was called

to the Bar. I determined to go my father’s old circuit, the

South-Eastern, and went down to Cambridge and Norwich and Maidstone to

look round, but came to the conclusion that there was woefully little

to do and plenty of able men to do it. I took a room in Middle Temple

Lane in the old wooden building on the left as you turn out of Fleet

Street. My name was painted on the door, but I doubt if anyone read it

but myself. I wrote some stories for the _Cornhill_, started a law

book that was never finished, and began editing Dorothy Osborne’s

letters. As the Bar did not require my services, and I thought the

country did, I made many excursions for the Eighty Club.

I spoke several times for an old friend of mine, Tom Threlfall, head

of the Salford Brewery, who had come out as a Liberal against the Hon.

Edward Stanhope in the Horncastle Division of Lincolnshire. The

agricultural labourer was coming into his own, and the clergy often

refused us the use of the schools, so we spoke from a wagon in a

field. We had a knot of independent farmers who supported the cause,

and we all drove together in a big brake to the place of meeting. I

shall never forget a serious _faux pas_ of Threlfall’s. We were

passing between two fields heavily manured with the favourite

Lincolnshire dressing, and all the farmers sniffed it up with smiling

approval. It was too much for Threlfall, and he buried his face in an

elegant cambric handkerchief. One of the farmers frowned slightly,

and, by way of encouraging explanation, said: “Eh, man! Pig moock!

Fine!”

The farmers were sorely puzzled at his want of appreciation, and I

could not help feeling that Threlfall was not really cut out for a

Lincolnshire member. Unfortunately, the voters thought so, too; but he

made an excellent fight.

At the end of the year, at an old boys’ dinner at King’s College after

the election Sir Richard Webster, as he then was, proposed my health

as president of the debating society, and chaffed me for belonging to

the wrong camp; but I was able to point out that I had done good work

for both parties, for I had spoken for fifteen Radical candidates and

not one of them had been returned.

The fact was that at that date the followers of Chamberlain and his

“unauthorised programme,” as it was called, were under the grave

disadvantage of working against the ill-concealed hostility of the

moderate Liberals.

I expect when the history of the time is known it will be found that

when Gladstone nominated Rosebery as his successor instead of

Chamberlain he naturally destined his party to their long sojourn in

the wilderness. Certainly in 1885 Chamberlain was as great a name to

conjure with as it is to-day. I was present at Bristol at the Liberal

Colston dinner just before the autumn election, and shall never forget

the enormous enthusiasm with which his name was received.

With the exception of Gladstone, I have never heard a speaker who

could play upon any given audience as a musician upon a great organ,

pulling out first this stop and then another, and winding up with some

diapason of eloquence, some grand swelling burst of harmony, that made

speaker and audience, player and organ, one vast instrument of

triumph.

The most wonderful instance of his magnetic influence and power that I

ever witnessed was when he dined with the Eighty Club on April 28,

1885. It was an open secret that the majority of the club did not want

him to be invited, but a Cabinet Minister could not be passed over.

The audience was apathetic. They laughed awkwardly when he introduced

himself as one “who certainly has never worshipped with Whigs in the

Temple of Brooks’s.” He seemed to get no echo from his audience and

became uneasy. He was speaking from notes piled up on a heap of

oranges in a high dessert dish. Suddenly I saw him drop a page back on

to the heap――he left his notes and his voice rang out amongst us in a

graphic picture of a Birmingham slum and the children crying for milk,

and the shameful contrast of the well-fed, sleek mob in front of him.

Melodrama, perhaps, but rattling good melodrama. It made Radicals for

the moment of every Whig in the room, and when he returned to his

notes and quoted from the “Corn Law Rhymer,” in tones of triumphant

fervour:――

They taxed your corn, they fettered trade;

The clouds to blood, the sun to shade;

And every good that God had made

They turned to bane and mockery――

cheers echoed and re-echoed, and there was not an ounce of Whig left

in his audience.

Alas! the whirligig of Time brings in his revenges. In a few years

Chamberlain had an entirely new set of politics, and I had none

whatever.

Eighty-six dawned, but the sun did not shine very brightly in Middle

Temple Lane. I had one or two briefs, certainly, but there seemed no

outlook. The South-Eastern Circuit was a far too expensive amusement

for my pocket, and, now that the election was over, there seemed

nothing to do but to write stories that ungrateful editors did not

want and to sit in chambers waiting for unintelligent solicitors who

never came.

It was one winter afternoon. My boy was out at lunch. I was sitting in

that upper chamber in Middle Temple Lane wondering if there would be

more room for my interesting personality in Australia than there

seemed to be in the old country when I heard an eager, heavy footstep

on the last flight. Footsteps generally stopped at the top of the

flight before, where an eminent Old Bailey junior held out. These

footsteps came upward and along; they were unknown and substantial.

Evidently those of a solicitor――of weight. I felt that something

important was going to happen.

There was no knock at the door, and in a moment who should fling

himself into the room but Dick Smith.

“Not a bit of good living up all these stairs; you should begin on the

ground floor. Time enough to come up here when you are all the fashion

and the solicitors must come after you.”

“What are you doing in town?” I asked.

“M‘Lachlan _v._ Agnew and Others. Rolls Court, before Anderson,

Official Referee. Pankhurst leads me, but he has gone back to

Manchester. Shiress Will, Q.C., and Lewis Coward against us. What are

you doing?”

“Nothing whatever,” I answered somewhat dismally.

“Come along and take a note for me this afternoon.”

I had been feeling like a gambler eternally cut out of the table, and

here was a hand in some sort of game dealt for me to pick up. I caught

hold of my blue bag, and putting a note on my door with some pride to

say I was to be found at the Official Referee’s Chambers in Rolls

Court, followed Dick Smith up Chancery Lane.

There is a geographical secret about Chancery Lane that I have

discovered. It leads straight to Manchester.

M‘Lachlan _v._ Agnew and Others should never have happened at all. It

came about mainly because Lachlan M‘Lachlan was a Scotsman and a

photographer, and knew that he knew everything about art――in which he

mistakenly included photography――whilst the defendants, Sir William

Agnew, Sir Joseph Heron, and Mr. Alderman King, knew that they knew

better than M‘Lachlan.

Each set out to prove his thesis to Mr. Anderson, Q.C., in his dingy

chambers in Rolls Court. Neither succeeded, but perhaps Anderson

learned something about art and the parties something about law.

Lachlan M‘Lachlan’s pet idea was that a camera not only could not lie,

but that it could tell the truth, and even interpret new or historic

truths pictorially. He conceived the loyal and patriotic idea of a

great picture, to be entitled “The Royal Family,” which was to depict

a group consisting of every member of the Royal Family surrounding our

Gracious Sovereign Queen Victoria in one of the rooms at Windsor. Each

individual was to be separately photographed, the room and its

furniture were to be photographed in detail, and then the photographs

were to be enlarged, cut out, and pasted on a huge canvas, from which

was to be painted a picture of great size. When this was done the

camera again came into play. Negatives of various sizes were to be

taken, and the ultimate prints sold to the public.

I have very little doubt there was some artistic value in the original

design of the group, for that was the work of that sincere artist

Frederic Shields, and his sketch group, which was prepared in 1871,

won the approval of her Majesty the Queen, who not only gave M‘Lachlan

several sittings herself, but issued her mandate to the various

members of the Royal Family that they were to be photographed in such

dresses, uniforms, and attitudes as Lachlan M‘Lachlan desired. The

various adventures of M‘Lachlan in pursuit of his Royal victims would

fill a volume. This part of the work took some two or three years, and

the great scheme nearly failed because a Princess who had in the

meanwhile grown out of short skirts refused to put them on again to

satisfy M‘Lachlan’s passion for historical accuracy. This matter

was――so M‘Lachlan used to tell us――referred to her Majesty and decided

in his favour.

In 1874 the first photographs were completed, but the plaintiff had

exhausted his means in working on his great project, which required

new capital before it could be finished. There is, I think, no doubt

that the defendants were actuated in the first instance by the kindest

motives, and through their influence about twenty guarantors found

£100 apiece in order that the wonderful historical picture might be

made.

M‘Lachlan had the faith and enthusiasm of a patentee. No expense could

be too great, no time too long to assure the perfection of his work.

The defendants, on the other hand, regarded themselves as the kindly

patron of the poor artist, ready to lend him some money, but eager to

see it return again with that huge additional interest that is the

modern Mæcenas’s expectation when he deigns to encourage literature or

art. Such a combination could but end in one place――the law courts,

though it took many years to reach its natural destination.

I think it was nearly 1877 before the great canvas picture was

produced. It measured 17 ft. by 10 ft. 6 in., and was insured by the

defendants for £10,000. Even when the picture was finished there were

long delays in producing the negatives of different sizes. More money

was wanted, and deeds and agreements were drawn up, unauthorised

prints were condemned by M‘Lachlan and issued by the defendants, and

meanwhile the portraits were becoming more and more historical, and a

picture that might have had some popularity in 1871 had little chance

of success some ten years later.

It was in March of 1885 that the case was opened at Manchester

Assizes. Dr. Pankhurst was for the plaintiff. No one on the circuit

could have trumpeted forth the wrongs of M‘Lachlan with more eloquent

indignation, and few juniors could have enveloped the court in a

foggier atmosphere of financial complications. In tones of emotion and

excitement the learned doctor’s voice would soar into a falsetto of

denunciation of his opponents’ chicanery, winding up in a cry to

heaven――or whatever Pankhurst put in its place――that their villainy

might be punished. It was not, indeed, wholly without justification

that some wild circuit rhymer wrote in Falkner Blair’s “Lament on

Going to India”:

When I hear in the midst of the jungle O

The shriek of the wild cockatoo,

I shall jump out of bed in my bungalow

And imagine, dear Pankhurst, it’s you.

It is, of course, easy enough to make fun of a great man’s mannerisms,

but Dr. Pankhurst, as a witty conversationalist, an eloquent speaker

who could keep his subject well before a mixed audience on a high

plane of thought, and a man of earnest convictions in moral and

political affairs, was honestly admired by all who had the pleasure of

his friendship. But it must be admitted that at the Bar he was not at

his best. He could not readily sink to the mundane problems by solving

which so many disputes are decided. I remember on a Local Government

Board inquiry, presided over by Colonel Ducat, the engineer of the

Board, I appeared for one district and Pankhurst for another. We were

opposing inclusion into a larger district. Pankhurst, as senior,

started the harangues by throwing up his arms and shouting out on a

top note, “I am here to justify the opposition of the down-trodden

minority of the Stand District. I say I am here to justify the

opposition of the down-trodden minority of the Stand District.”

And justify it he did in passages of great eloquence, close reasoning,

and apposite quotation from history and literature, which were a

pleasure and privilege to listent to. When it was all over, and his

adherents’ applause had died away, Colonel Ducat looked up from his

notes and said: “I’ve listened very carefully, Dr. Pankhurst, but I’m

not clear even now whether you are in favour of the 12-inch drains or

the 9-inch drains.”

I should like to have heard Pankhurst open M‘Lachlan’s case. Mr.

Justice Hawkins listened to it for three days. At the end of that time

figures were mentioned, and Hawkins got frightened, and promptly

referred the matter. What a waste of time and money to have started it

at all. It was a year afterwards, in the middle of the reference, that

I found the case rolling heavily along, a mass of negatives and

photography and correspondence and confusion. Pankhurst was unable to

continue in the case, and they gave me a junior brief to Richard

Smith. I never really understood what the quarrel was all about, but I

do not think anyone else did, unless it was Smith, who made an

excellent reply for the plaintiff.

I only remember one smile during the many weary hours we spent in

those dingy chambers in Rolls Court. Sir William Agnew was being

examined. He was always somewhat pompous and well-to-do in his manner,

and Smith did his best to annoy him. A question arose as to the

authenticity of a letter written by the plaintiff on Agnew’s Bond

Street letter paper.

“I suppose,” said Smith, “if any customer in your shop――I beg your

pardon, emporium――were to ask one of your servants for a sheet of

notepaper, he would give him one?”

“I hope not, sir,” said Sir William, with expansive dignity, “I hope

he would hand him two or three.”

Old Anderson looked at Sir William in Scot’s surprise, and said in his

broadest accent, “Do you really mean that, now?”

I do not think I ever saw the ultimate written judgment of the

Official Referee. I believe both sides appealed from it, and no appeal

was ever heard. It was, from the point of view of English litigation,

one of our failures. There ought to be a compulsory conciliation court

for troubles of this nature, at least to sift out what the quarrel and

dispute really is. But I look back to the case with pleasure. I don’t

think the result left M‘Lachlan worse than it found him, and it

certainly did me a good turn. During those days I heard from Smith of

the wonderful possibilities of the Bar in Manchester, and I made up my

mind I would at least join the Northern Circuit. This I did without

delay, and before the summer I had taken a little house in Heaton

Road, Withington, and turned my back on London for ever.

Just to show what a lot I knew about Manchester, I moved down in

Whit-week――or tried to. For Manchester has an excellent and sacred

custom in Whit-week. Nobody does any work.

What the Judge Saw: Being Twenty-Five Years in Manchester by One Who Has Done It · 第 4 / 18 章