CHAPTER IX

FIRST BRIEFS

At last the golden orientall gate

Of greatest heaven gan to open fayre.

SPENSER: “Faerie Queen.”

I suppose in early days the “stranger” must have been a sadly

persecuted individual, else why should there be so many texts

persuasively commending him to the care of the righteous. Even now

there are some communities and clubs where to be a “stranger” is to be

set apart and treated like a leper. Those out-houses in which guests

are housed in some of the pre-historic London clubs are examples of

what I mean. In earlier cannibal times no doubt the “stranger” was

merely a welcome addition to the larder, but even then there seem to

have been ceremonies and rites in the fattening and final presentation

of the guest which students of folk-lore would regard as the early

manifestations of hospitality. However that may be, there is no doubt

that in the treatment of the stranger within the gates the north

country is farther removed from barbarism than the south. In London,

for instance, every man is a stranger. I have met fellow-countrymen

from the Colonies who found the welcome secured by introductions to

London to be an entirely formal and cold-blooded affair compared with

that extended to them by a similar class in the north. Not only in

London, but taking its anti-social note from London, the surrounding

south is chilly and aloof towards its fellow-man, especially if the

fellow-man talks broadly with an open accent, and has not attained

that weary, blurred, mincing tongue which serves the southerner in

lieu of speech. It is not so much that in these sunny latitudes we

have forgotten our duty to our neighbour, but rather that we have

never had any neighbours, that we have made it a religion not to have

neighbours, and continue to live for years and years in our

semi-detached surburban villas without exchanging a word with the man

next door, whose ties and trousers do daily offence to such creeds as

we still possess. Whereas the gospel seems to have taught the

uncultivated men and women who live on those wild stretches of railway

beyond Rugby and Crewe that everyone is a neighbour, and must be

treated according to the text in that case made and provided.

I have already spoken of the kindness of my first friends in

Manchester, from which sprang many other pleasant friendships. No end

of folk seemed to take an interest in our small household. I think

some came to look at us out of curiosity. The impertinence and

absurdity of an unfledged stranger settling down among them in this

way seemed to amuse them. I remember taking in to dinner the wife of

an eminent professor who made it her duty to know the inner household

affairs of all those tenements and hereditaments situated or adjacent

to the Oxford Road, between Nelson Street in the north and the White

Lion in the south.

Turning to me as the cloth was removed, she said in a tone half of

entreaty, half of command, “Tell me, Mr. Parry――I have heard so many

different accounts and I really must know――what did you marry on?”

I had the presence of mind to answer, “Nothing, madam, absolutely

nothing!”

The romance of it touched her tender heart, dear soul, and she was for

ever asking us to dinner under the firm belief that we were starving.

Certainly no strangers ever had a kinder reception than we had in the

north, and it seemed to make the months of waiting for those first

briefs pass very smoothly and pleasantly. And what made life more

joyous than anything I had experienced was the professional

comradeship of those among whom one’s work had to be done. There were

still many circuit wanderers domiciled in London who followed her

Majesty’s judges when they went their rounds, but there were also a

large number of local barristers who dominated the Quarter Sessions

and did the work in the County Courts. All those were, of course,

members of the Northern Circuit, and in the absence of the assizes,

upheld in their daily struggles the spirit of sympathy and

good-fellowship for which the Northern Circuit is justly famous. Even

the Chancery men who made vast fortunes in the Palatine Court joined

the circuit, and became less sterilised and better humanised under the

fragrant influences of Bar mess.

How curious it is that the common law mind always thinks of a Chancery

man with pity mingled with a certain distaste. Pity which is sworn

servant unto love springs from our admiration of the Chancery man as a

human person; the distaste is engendered spontaneously, and arises, I

fancy, out of and in the course of his occupation. He wears to all

appearances a similar gown, his wig is of the same iron grey, he

quotes from somewhat fatter and duller books perhaps, but they are

written in much the same joyless jargon――I never met a jolly, breezy,

merry, law book――and yet there is something in the flavour of him that

you find in professors and schoolmasters, the drier sort of vicars and

policemen. Is this shrinking from the Chancery man some prejudice

atavistically reproduced from the days of “Jarndyce v. Jarndyce,” or a

manifestation of eugenic instinct? It is difficult to say, but I know

that it is not a merely personal prepossession. The old court-keeper

at Strangeways acknowledged to the feeling, and he saw more of the

Chancery men than he did of the common law men, for the Palatine Court

he had always with him. I asked him once to explain to me the reason

of it, but it was beyond his powers of analysis. He had the same

instinct about Chancery men that was inspired in the mind of Tom Brown

by the late Dr. Fell, but the reason why he could not tell. I

discovered this quite accidentally and it became a bond of union

between us. It happened in this way.

A small light and air case had――like some seedling weed――got blown

into the assize list from across the corridor where the Palatine Court

droned along, and with it came Astbury. Yes, Astbury――even Astbury was

once a junior and sat in the back row. I was against him. I think it

was the fault of Stephen, J., who did not understand plans, or the

superior cunning of Astbury, who built up a model of the buildings

with volumes of “Barnewall and Alderson,” and by the kindergarten

methods of Froebel captured the judgment of the Court; or maybe, as I

told my client afterwards, we never had a leg to stand upon, and

Astbury had the right end of the stick――he was often attached to that

end. Be all that as it may, Chancery defeated Common law utterly and

with costs.

I can see our good janitor’s gloomy face as he leaned over the carved

end of the seats and gazed wearily at us. We were the last non-jury of

the assizes, and he was waiting with the charwomen in ambush to do the

washing up. “Eh! Mr. Parry,” he said with a deep sigh, almost a groan,

“and to think of you being beat――and by a Chancery man.” It seemed a

thing hard to bear at the time and likely to be fraught with ruin, but

it was forgotten, and now I recall it more as a story of misfortune

than disgrace. For it is easier to remember the ill turns of fortune’s

wheel than the lucky ones. How meanly we bluster over memories of

ill-luck, and never give a thought to the briefs that leaped the

bunkers and the points of law that holed out from the edge of the

green. The other fellow’s good fortune we remember sneeringly well,

but our own――well, it is a common failing, and certainly I am not more

free from it than another. But I suppose every one who has had any

fortune at all at the Bar could tell some amusing stories of accidents

that have helped him to success. Certainly in my short round――I only

played nine holes, as it were, for within ten years of my call I was a

judge――I cannot grumble at my luck, and some of the early chances

which brought me briefs were as unexpected as they were entertaining.

It must have been within a year of my coming to Manchester that I was

met by a glad surprise when I went down to the Assize Courts to my

usual occupation of sitting in the back row and listening to others do

cases in a manner that made me feel really sorry for them, their

clients and myself. Wandering along the corridor in a weary and

somewhat melancholy way, feeling that I had no real part in this

hustling crowd of excited litigants and lawyers that the first day of

assizes brings together, I was suddenly handed――a brief. If it had

been a writ or a County Court summons or――but it was a brief. And

there I was charged with the responsibility of defending a tradesman

who, with his servant girl, was indicted for conspiracy to conceal the

birth of the latter’s child. The papers were marked “15 and 1. With

you Mr. Addison, Q.C.” I had never heard of the solicitor, and he took

occasion to let me know that he had never heard of me, and had had

some trouble to find anyone who had. However, there was the brief, a

very fine specimen of that _rara avis_, and I promenaded with it under

my arm or left it lying about in prominent places in hopes that it

would act as a decoy. Towards the end of the sittings Addison defended

the prisoner with great success――I had really nothing to do but look

on――and both he and McKeand, who defended the girl, obtained

acquittals. The case created some sensation in the local town where

the prisoners came from, and I heard that the prisoners and their

counsel were burnt in effigy on the evening of the trial.

I never learnt the solution of that mysterious brief until years

afterwards. What had happened was this. I had been defending some

prisoners for McKeand in the second court at Salford Sessions, one

being the case of a man charged with assault on a woman, in which, to

my own and other people’s surprise, there was an acquittal. The

prisoner in the assize case was on the jury in that case, and when his

own turn came, having seen no other counsel defending prisoners than

Parry, he came to the conclusion that Parry was essential to his

liberty. Nothing that his solicitor could do could alter his

determination, so the sensible solicitor obeyed his client’s

instructions and with some difficulty discovered Parry, and then in

order that his client might have a really good run for his money he

gave Addison a leading brief.

One solicitor came to me for elaborate opinions on difficult points of

law, and always marked the brief Dr. Parry. I found out that in a

local list of the Bar, my name being next Pankhurst’s at the bottom of

the page, the printer had repeated the Dr.――really it is quite as good

a way of obtaining a degree as any other――but my practice as a doctor

of law ended after six months when a new and correct list was printed.

I had a visit once from a solicitor from Burnley with his client, a

bookmaker. They had some talk outside with my clerk and then came in.

The bookmaker nodded and said, “That’s him,” and appeared to be very

satisfied. His great anxiety about his case, which was a summons for

keeping a betting house, is best expressed in his own instructions,

which he repeated to me several times. “I ain’t partickler what I

pays, but I want yer ter see that at the end of the case there ain’t

no going down stairs.”

The county magistrates let him off with a fine of £80. He was a

well-known and not unrespected character, and perhaps had met some of

the justices in another place. He seemed to think the magistrates

pocketed the money, for he took it very philosophically, and said as

he crumpled up the receipt for the fine: “After all, it’s quite

natural they should try and get a bit of their own back to-day, but

I’ll have my turn presently.”

I learned afterwards that the bookmaker was an admirer of my style of

advocacy. His solicitor, a broad Lancashire man, told me the story of

it. “He comes to me and says ‘I want that two-year-old I sees at Bury

County Court last week.’ What’s his name? I asked. ‘Hanged if I know,’

says he, ‘but he’s a long, lean, lanky beggar, and he puts one foot on

the desk and just talks to the judge like ’as if he was his feyther.’

With that I came to Manchester, and I was talking to one of Cobbett’s

clerks and I repeats the description, and before the words were out of

my mouth he says ‘Parry!’ So we comes round to your chambers, and sure

enough he was right.”

Had one the pencil of Sir Thomas Overbury, how pleasant it would be to

draw the outline portraits of the worthy characters of my comrades of

the Northern Circuit. Looking back on my short sojourn among them, two

men seem to stand out as types of the genius of the circuit, Gully and

Charley McKeand. Both were ideally honest and full of consideration

for their opponents, and it is in these qualities that I think the

Northern Circuit is pre-eminent.

But though they shared these good attributes they had little else in

common. Charley McKeand was as rough and blustering in his advocacy as

Gully was smooth and polished. Gully wounded his victims with a

rapier, McKeand with a bludgeon. All advocacy ought to be

straightforward, and the bulk of it is. Certainly, the standard of

honesty and open dealing on the Northern Circuit is a very high one.

But Gully and McKeand were the Quixotes of the Bar, and when a junior

like myself had to appear against either of them he realised what a

refreshing thing it is in advocacy to be concerned in a case where,

however powerful is the frontal attack, there are to be no ambushes or

ambuscades.

Charley McKeand had not anything of the appearance of a leader of the

Bar, yet he developed rapidly into a very clever advocate, and would

have done big things but for his untimely death. The first impression

of him was of a big, jolly, careless Englishman, rather stout and

easy-going, fond of sport and sporting companions. But give him a

brief, and his attitude towards life changed. He was never a learned

lawyer, but he knew the law of evidence well, and would get some

junior to “devil” the legal circumstances of any case that had any law

in it, and quickly picked up all that was necessary to his purpose. He

began his advocate’s career in the right way, by defending prisoners

from the dock. If, with a copy of the depositions in front of you and

an oft-convicted thief in the dock behind you, the verdict is “Not

guilty,” you may know that you are qualifying for an advocate. Charley

McKeand did it――not once, but again and again. There was no apparent

art in his style, but he thundered out the most absurd suggestions of

a hopeless defence with an energy and enthusiasm that often inspired a

belief in them in the minds of an inexperienced jury. He soon became

the fashion, and no criminal would be without him if he could possibly

afford his services.

He was one of the most popular figures in Manchester, and the mob, who

always take the side of the unfortunate nobleman in the dock, called

him in their good-natured adoration “The People’s Charley.” When he

defended a cabman at the police court who had got into some trouble

with the authorities over hackney coach bye-laws and defeated the

police, the cabmen of St. Anne’s Square cheered him as he drove his

phæton down to court with his bull-dog by his side, and held a mass

meeting and sent a deputation to his chambers to present him with a

handsome gold-mounted malacca.

It was about this time that he was pressed to stand for municipal

honours. Certainly no Nonconformist conscience could have stood a

chance against “The People’s Charley.” He greatly enjoyed the first

invitation he received. A few of the inner circle of the politicians

of a certain ward came to visit and ask him to stand as a Conservative

candidate at the next municipal election.

“But I heard Mr. X. was going to stand,” said McKeand, naming a very

respectable citizen.

“Nay, Mr. McKeand,” said the spokesman, dwelling lovingly on three

syllables of his name. “Nay, Mr. McKeand, we don’t want Mr. X., we

wants you. Mr. X. ain’t anything to the likes o’ us. You know our

ward, Mr. McKeand. It’s full of bookmakers and thieves and

rat-catchers――you knows the sort and they knows you――and they’ll vote

for you like one man.”

However, McKeand had no ambition for a seat on the City Council and

stuck to his work in court, of which he was really fond.

His readiness and resource were extraordinary and he said and did the

most startling things without offending the most straight-laced

judicial persons. Hopwood was presiding in a third court at the

assizes, trying some of the minor prisoners. An old woman indicted for

larceny had given McKeand a dock defence, and he rushed in at the last

moment to make a speech on her behalf. It was clear he had not had

time to study the depositions, but a few words from Ernest Jordan, who

was devilling the case, put him on the right line, and he was soon in

the middle of an eloquent harangue. Coming to the end of it he

exclaimed, “And what, gentlemen, did the poor woman say when the

magistrate’s clerk asked her for her defence. I will read you her very

words, and I think you will agree with me that they bear the stamp of

conscious innocence.” Ernest Jordan tried to stem the torrent of his

eloquence here, feeling sure he was remembering another set of

depositions, but it was no use. McKeand seized the papers and turned

them rapidly over. “Let me read you her exact words. Ha! Here we are.

Oh! H’m!” He faltered a little when he saw them. “Well, gentlemen,

this uneducated woman does not put it as you or I would put it, but I

said I would read her words, and I will. What she says is: ‘How the

hell could I have the ―――― boots when he was wearing them?’ And,

gentlemen,” continued McKeand in a concluding burst of eloquence, “I

ask you, with some confidence, how the hell could she?”

Charley McKeand must have been seriously thinking of taking silk when

the end came, and a terrible end it was both to himself and his

friends. After the summer vacation I went round to his house to see

him, and found him on the eve of a visit to London to see Sir

Frederick Treves.

The Manchester doctors had told him that he was suffering from cancer,

and that they feared it was hopeless to operate. He was very calm

about it, and did not expect any better verdict, but he thought it

satisfactory to take another opinion. The opinion went against him,

but he returned to his work, and for three months, though in great

pain and under sentence of lingering death, continued his work with

cheerfulness and energy. It was a noble example to those of us who

fret over small troubles, and I do not think it was lost on any who

witnessed it. In December he became too ill to continue work, and gave

up his chambers. I last saw him at Brighton. We dined together, and I

sat telling him old circuit stories and recalling cases we had fought

together until late into the night. He came to the door to see me off,

and I said I would look him up at home when he returned. He shook his

head, and said with his delightful smile, “Not a bit of it, Parry. We

have had an excellent evening, and this is the time to say good-bye.”

He died a few weeks afterwards, having been spared long enough to see

his only child. Until the tragedy happened I do not think any of us

had fully understood what a force of quiet bravery there was in

Charley McKeand.

I suppose I ought to remember Gully as Lord Selby, but for the life of

me I cannot. As Gully we loved and admired him, and as Gully he will

always remain to those of us who are proud to have been his juniors.

Undoubtedly he was one of the best and most inspiring leaders that a

band of advocates could honour.

There were those who said that Gully had had all the life hammered out

of him by Charles Russell, but there was no truth in this at all. For

years he had stood up against Russell in case after case, and it must

be agreed that anyone who came in contact with that forceful genius

had to stand a fair share of hammering. But Gully was chosen for the

part because he was the fittest to enact it, and when Russell “went

special” Gully naturally took his place as leader of the circuit, a

position he held until he retired to a more honourable office. I was

both with and against Gully in many cases. A barrister, like an actor

or a sailor, is dependent for his happiness on his companions, and

especially his superiors. Gully was peculiarly courteous and

considerate to his juniors, Russell was often the reverse. The latter

would turn round to a junior and, not getting the immediate answer he

wanted, say, “What on earth are you doing?”

“Taking a note,” one junior replied with conscious rectitude.

“Don’t,” said Russell with an explosive interjection; “attend to the

case.”

It must not be thought that Russell was only rude to his juniors. Let

us remember with pleasure that he was the advocate who, when asked by

a Law Lord for some authority for a proposition, called out in his

most rasping voice, “Usher! Go into the library and bring me any

elementary book on common law.”

But just as Russell’s manner cannot be reproduced in print because it

was unprintable, so the charm of Gully’s presence eludes you in words

that give an effect of weakness and softness which was not really his

quality.

I once heard a Lancaster juryman coming out of court say “I likes Mr.

Gully, he speaks so gentlemanlike.” This word does not quite convey

its meaning in the printed form, you want the burr of the North

Country in its pronunciation and the affectionate tone in which it was

uttered, and the smile of content that lighted up the speaker’s face

as he thought of Gully. One secret of Gully’s success as an advocate

was conscience. I doubt if any advocate is worth his salt without a

highly developed conscience. With Gully it was not only there, but it

worked automatically, and he never argued with it. He did the straight

thing naturally. And Gully was like Charley McKeand, a great comrade.

He had a high ideal of circuit life, as those who went the circuit

under his leadership can testify. I think of him as a gentleman in the

real old English sense of the word, such as Master Izaak Walton knew

in the friend he describes as “learned and humble, valiant and

inoffensive, virtuous and communicable.”

I went into the corridors of the Strangeways Courts the other day, and

ghost-like I paced round the haunts of my early days. Very few were

the familiar faces. I have no doubt the old circuit is as full of

laughter and good fellowship as ever it was, but to me it is a memory,

and in the foreground of the memory stand the figures of two dear

comrades, Gully and Charley McKeand.

What the Judge Saw: Being Twenty-Five Years in Manchester by One Who Has Done It · 第 9 / 18 章