CHAPTER XIV

OVERTIME

To play is for a man to do what he pleases or to do

nothing――to go about soothing his particular fancies

CHARLES LAMB: “Letter to Bernard Barton.”

That idea of soothing your particular fancy gives to me the very

clearest image of play and playtime. And most men’s fancies take a

deal of soothing, since man will fancy himself and his capabilities to

be x, when his nearest and dearest could tell him, if they were not

his nearest and dearest, that they are not even y, but something far

nearer to _a b c_.

And as long as a man does not fancy himself at his real work, but only

in playtime, what does it matter? For in a sane man it seems a natural

attribute that he should dislike work he is peculiarly fitted for, and

should hanker after jobs that he is naturally ill-equipped to perform.

I always looked forward to what I called “overtime,” when I could get

away from briefs and law books, and put in a few solid hours spoiling

beautiful hand-made paper with inharmonious water-colours, or writing

plays and stories that nobody wanted to publish. Why I should have

called it “overtime” I do not know, for real overtime is paid at least

at the rate of “time and a quarter,” but my overtime generally cost me

money. Perhaps the idea I have in calling it “overtime” is that these

tasks could only be done after the day’s work was over, which is the

only attribute my “overtime” had in common with the overtime of the

working man.

From my earliest days――when to the dread and horror of my family I

bought a fiddle and tried to learn to play it――I have experienced a

sane and healthy desire to spend my working hours on jobs I know I can

never do, rather than in exercising capacities which have always been

with me. I call it a sane and healthy tendency, because I find it to

exist in nearly everyone who feels physically and mentally well.

I once knew a plus 2 golfer who spent all his overtime away from the

links in trying to grow tomatoes out of doors. Each season the

climate――which he spoke of as a horticultural bogey――was at least 7 up

on him before the first frost came and stopped the round. But he had

many merry hours in his garden, and laughed gaily when he topped a

budding plant with a careless approach with a hoe or was badly

bunkered by a patent manure. What really bored him was the monotony of

golf with eighteen perfect drives every round he played. It was only

on those rare occasions when he pulled or sliced into the rough that I

have known him to smile and openly admit “that there was some fun in

the old game, after all.”

I early discovered the delights of “overtime” in my father’s library,

where I was supposed to do my home-work whilst I was at King’s College

School. There I read all the great English writers with a larger

enjoyment, because, like the Jew who ate the pork chop, I could feel

that I was “sinning at the same time.” I think that library and its

contents are entirely responsible for my taste in overtime.

Shakespeare, Fielding, Smollett, Dickens, Thackeray, Mrs. Opie, and

Aphra Behn. I remember the very format of each volume. I do not think

there was a single dramatist or novelist of any mark in the English

tongue that was unrepresented.

Perhaps my favourite book was Cumberland’s “British Theatre,” with its

forty-eight volumes. The stage-directions of the bloodiest of the

melodramas were my favourite reading. Their only rival was the brief

in some sporting case which lay on the table at which I worked. I

would often slip the papers out of their red tape and peruse them far

more diligently than I did in after days, when I was paid for doing

so. How carefully I read the solicitor’s story of the case. In later

years I found that no self-respecting advocate ever studied these

lengthy pages, well understanding that under an absurd legal system

they are put there merely for the taxing master to appraise and allow

in the form of costs.

I remember Nash being amusingly scored off by a well-known solicitor,

who rather plumed himself on his frugal literary gifts, and took much

pains in the composition of the story of a case. He complained to Nash

that he never read these narratives, and Nash had assured him, out of

polite respect to his hobby, that he always made a point of studying

them and greatly admired them. Soon afterwards Nash was instructed by

the solicitor to defend a client in a criminal case at the assizes,

and a fat brief, marked “30 guas” and beginning with a very lengthy

narrative, was delivered to counsel. How far Nash read any of it I do

not know, but he duly acquitted the prisoner. To Nash’s annoyance and

surprise――for the solicitor was a most solvent and respectable

person――the fees were not paid. Nash’s clerk made several efforts to

solve the mystery, and was told that they had been paid to Mr. Nash at

the assizes, but Nash knew that this was not so, and was very

indignant with the solicitor about it. A month or two afterwards Nash

met the solicitor in Cross Street, and going up to him expressed his

views of the solicitor’s conduct very roundly.

“But I paid you at the assizes, Mr. Nash.”

“Nothing of the sort, sir, and you know it.”

“Did you read my story of the case, Mr. Nash?” asked the solicitor.

“Of course, I did. I always read every word of my briefs,” said the

unblushing Nash.

“H’m, that’s very curious. I can’t understand it,” said the solicitor,

with his head on one side, and his left eye half-closed. “I can’t

understand it at all, because on page three of that statement of the

case I pinned a cheque for your fees, and――hadn’t you better go back

to chambers, Mr. Nash, and read that brief again?”

But when I was a lad the introduction to the brief was my first study.

If it looked dull and boresome I dropped the papers speedily. How

often in after life I wished I could deal with briefs in similar

fashion. And as no child will ever read these pages I may confess that

from the short years of my schooling the only things that remain with

me are elegant extracts of forbidden reading; forbidden not by my

father, I should say in fairness to both of us, for he knew all about

it and winked, but by my pastors and masters.

I think it is Walt Whitman who expresses the thought that he would

like to get away from mankind and “turn and live among the animals,

they are so placid and self-contained.” And I have the same kind of

feeling about school-masters. The prosperous incompetence of the

school-master is to me one of the great mysteries of life. When I

lived among school-masters a cowardly idolatry, the offspring of

tyranny and coercion, prevented me using opportunities to make careful

observation of their mental and moral constitution. I had a vague

knowledge that they were hopelessly wrong, but I had not the energy

and ability to analyse the wherefore of it. Physically they were of

varying size and beauty, but mentally they were absolutely and

uniformly all alike. It never occurred to my young mind that this was

a natural result of pouring youthful educational hot stuff into an

old-fashioned mould and turning it out when it had grown cold.

There were, of course, many charming persons among them. What an

excellent fellow was E――――. I have long forgiven him, but his offence

was rank and smells to heaven. He it was who persuaded me for a whole

term to spend my overtime on school books. I have some prizes on my

shelves now, the result of my foolish complaisance. I have never

looked inside them, but the bindings are handsome, and they serve as a

_memento mori_ of wasted hours that can never be replaced. The

speculation was commercially sound, no doubt, but whilst I was doing

it my conscience smote me. The next term I dropped it, and my good

friend, with that rare prophetic insight that enables the

school-master to foresee the unbetiding, filed my deficiency account

in words that still have a haunting sound of failure: “has some

ability, but no staying power.”

It does not need an alphabet of scholastic degrees to enable a man to

back a double event and find both of them to be losers. And yet old

E――――’s epigram, that looked at the time so like real stable

information, was but a huckster’s tip after all. Most of my relatives

and all my real friends, those who know best, have cheerily shaken

their heads at the word ability――did so, I remember, at the time――and

have admitted that he was wrong there, but even E―――― himself would

not now, I think, gainsay the fact that I have stayed the course. And

yet my innate reverence for the school-master is such that I have an

uneasy feeling that I ought to have so shaped my life that the words

of the school-master might be fulfilled, and that in not having done

so I am in danger of judgment.

The early days of the Bar are all overtime. And the first big overtime

job that I undertook, and perhaps the pleasantest I ever carried

through, was the preparation of a version of “Dorothy Osborne’s

Letters,” the first edition of which I finished in my early days at

Manchester, and published in 1888. I remember my joy when Mr. Comyns

Carr, who then edited the _English Illustrated Magazine_, accepted my

first essay on Dorothy Osborne. How I still reverence his critical

acumen. The joys of winning a legal scholarship, or having that first

brief at quarter sessions delivered to you by a real solicitor’s

clerk, have none of that _tremens_ delirium about them that you attain

when your literary essay is accepted in a courteous autograph from a

master in letters. The manuscript of “Dorothy Osborne’s Letters,” like

all great works, was refused by many of the leading publishers, and

when it was published the book was an immediate success. It has been

pirated in many countries, and will, I think, remain in the English

library, not on account of any work of mine, but because of the

peculiar charm of Mistress Dorothy’s style in letter-writing. It was a

satisfactory bit of “overtime.”

My next book was a life of Macklin, the actor, written for a series

edited by William Archer. Mr. Lowe wrote a life of Betterton. Mr.

Archer himself wrote Macready, and then came my “Life of Macklin.” For

some reason or other that ended the series. It was not half a bad

book, and a friend of mine in Dublin says my chapter on the Irish

stage has amused and entertained him for many pleasant hours in

tracing out and confuting by authority the errors and inaccuracies it

contains――but, then, he admits that no other Saxon had ever dared to

try and write such a chapter.

And I suppose it is only right to enter on these time-sheets my

journalistic work as overtime. I know nothing so exhilarating as

journalism. If I was really to take to writing as a business, I should

hire an upper chamber in some building which was gently rocked from

below by a steady throbbing engine, and arrange for the smell of its

oil, coupled with the aroma of printer’s ink, to pervade the

atmosphere, then having hired a whistling and insistent boy, with a

raucous voice, to put his head in and shout “copy” at me every quarter

of an hour, I should sit down to work, hopefully assured of a glorious

“spate of style.” For many years I wrote dramatic criticism and

reviewed books, and wrote “shorts” and occasionally full-dress leaders

for the _Manchester Guardian_. I do not think I had any very

particular reputation in Cross Street, except for punctuality and

dispatch. It is not every journalist who has even these humble

attributes, but they were evidently well remembered of me.

I mind meeting C. P. Scott one autumn morning some three years after I

had been judge, as I was walking down to my work――along the fragrant

groves of Rusholme. He seemed somewhat disconsolate and told me his

trouble. He had an advance copy of “Elizabeth Barrett Browning’s

Letters,” and through illness there was no one in the office free to

review it. Two columns about were wanted before going to press. “I

wish, Parry,” he said, with half a sigh, “that you were available.”

Of course I was available. The book, with its two volumes of over

eight hundred pages, came down to the Court. I started it in the

luncheon hour. I got at it again after the Court rose at about 4

o’clock, and before 11 at night I entered the office and was received

with enthusiasm by a grateful sub-editor thirsting for copy. I

compared my work the next day with that of some of the London

champions, the plus 4 men at the game. I had scooped out nearly all

the tit-bits, and I had done more. I had discovered that Mrs.

Browning’s baby was a good half-column, and the other fellows had

missed that delightful child altogether. Moreover, I had not only

written my review, but I had copied out all my extracts, for I never

could bear the thought of mutilating a book, and so the volumes remain

with me as a pleasant memory of a happy day’s overtime. For when I had

had some supper I had missed the last tram, and dreaming that I was

still in the days of my youth and could not afford a hansom, I had a

joyful walk home in the moonlight.

And long before that, whilst I was at the Bar, Hulton, the elder, came

into my chambers and asked me to write some articles for the _Sunday

Chronicle_. For some reason or other a new hand was suddenly wanted.

The articles had to be a column and a turn-over. Any subject might be

written upon as long as the writing was tense, vivid and entertaining

and the matter was of popular interest. The manuscript had to be ready

by Friday. I doubted my capacity for the task, but Hulton told me that

he had been assured by that kind-hearted doyen of the craft, Spencer

of the _Guardian_, that I was all right. I bowed to his verdict, for

to me Spencer’s was the last word about journalistic matters.

I shall never forget that week. Nothing happened. Day succeeded day in

stagnant succession, no one of importance said or did anything. There

was not a crime or a law-suit, or even a political speech in which one

could pretend an interest. On the Thursday morning I rose early and

rushed at the newspapers. The same dismal outlook of barren

nothingness. I passed the canal and looked at its waters lovingly. Was

I to disgrace myself by going back on the verdict of Spencer? It

seemed impossible that I could do that and live.

About midday, whilst sitting in chambers with a blank sheet of paper

before me, symbolic of the mind within, my clerk brought in some

papers, and in a diffident off-hand manner said casually, “I suppose

you’ve heard the news!”

“News,” I cried testily, “there is none.”

He turned on his heel.

“What is it, then?” I called after him.

“Only Mr. Parnell’s dead!”

I had a real reverence for Parnell, but to undertakers and journalists

death is indeed the reaper, and the poor gleaners cannot be blamed

that they are thankful when the season brings them their only harvest.

In truth I never wrote with greater sense of responsibility nor with a

more eager desire that every word and sound should toll the message of

his life into the hearts of my readers. Heaven knows how far I

succeeded. It was enough for me that Spencer nodded approval. And to

the quiet homage for the statesman that most of us have to-day there

comes into my heart a thrill of grateful emotion whenever I hear the

name of Parnell.

I wrote those _Sunday Chronicle_ articles for some time, but it was a

worrying task, and my work at the Bar began to creep into the

overtime, and ultimately, like Aaron’s rod, swallowed up all other

pursuits. But I look back to the task with pleasure, because it

enabled me to write an article to the glory of Charles Hopwood and his

policy, and I still possess a faded letter, full of hope for the

future and thanks for the help that had been given to the cause he had

so much at heart. Of course, I had known Hopwood as a leader on

circuit for some years, but after the _Chronicle_ article he began to

talk to me about his various views and plans of reform in a way that

was deeply interesting.

And to go back to my earliest recollection of Hopwood I must go back

to when I first joined the circuit, and recount an early journey to

Lancaster Assizes with Falkner Blair. He had been retained to defend a

wretched man who, in a fit of despair, had taken the lives of his

three children. It was a very sad case, and the only line of defence

was insanity. When the train stopped at Wigan a gentleman got into our

carriage for a smoke. He got into conversation with Blair, and hearing

of the murder case expressed his desire to attend the trial. He turned

out to be the Reverend E. Burnaby, a brother of the celebrated Captain

Burnaby, hero of the “Ride to Khiva,” and we invited him to join us at

Bar mess. He was on his way to the Lake District, but his interest in

trials made him gladly accept our invitation, and we appointed him a

sort of honorary chaplain to the mess during the three or four days he

was with us.

That chance meeting saved the life of Blair’s client. Blair made an

eloquent speech in defence of the murderer, but the medical evidence

was conflicting, and Mr. Justice Cave did not sum up for a verdict of

insanity. He left the matter to the mercies of the jury, who could not

see far beyond the horrible fact and circumstances, and without long

consideration brought in a verdict of guilty. Burnaby was strongly

convinced that the man was insane, and expressed his intention of

moving for a reprieve. The means of the man’s friends had been

exhausted in preparing the defence, and had it not been for Burnaby’s

energy nothing would have been done. Burnaby started a local petition,

and later on, followed the circuit to Manchester, where he interviewed

Cave, and there he met Hopwood. Hopwood made a most careful inquiry

into the facts of the case, and having satisfied himself that it was a

case for the interference of the Home Office, assisted Burnaby with

his counsel. Under his direction the matter was carried to a

successful issue. A further examination of the prisoner was made, and

he was pronounced to be insane, and sent to Broadmoor.

This was my first experience of Hopwood, and as I grew to know him

better I came to the conclusion that not only was he a very

kind-hearted and merciful man, but he was also one of the wisest and

most sensible of judges in a criminal court that I ever appeared

before. People were very apt in those days to look upon him as a

visionary and enthusiast, but the fact is the administrators of the

criminal law in all its harshness were the real visionaries, for they

kept their eyes straining after a set of affairs fast passing away

instead of keeping a brave, healthy outlook on the actual facts before

them.

Nowadays, with our Criminal Court of Appeal and our humaner rendering

of the criminal code, it is difficult to understand what horrible

things were done twenty-five years ago. But by no means let us believe

that the judges who did these things were themselves cruel and harsh.

It is so difficult when you have grown up with a system to see that

there is anything fundamentally wrong in it. It seems so dangerous to

reform or to alter existing laws that have apparently worked so well

for years. I do not think the judges who sentenced young men and women

to be hanged for theft, nor the later judges who transported hundreds

of small offenders to the Antipodes, were cruel men. Certainly I know

that some of those judges who were harshest in their sentences in the

earlier eighties were kind-hearted gentlemen in action and sentiment.

They believed in the system. They thought it was a good and just

system. It was Charles Hopwood, with his deeper insight, who showed

them they were wrong.

When Hopwood became Recorder of Liverpool he was able for the first

time to put his principles into execution. The kind of thing that had

been going on all over Lancashire was instanced in one of his charges

to the grand jury after he had been a year or two in office. “A

woman,” he said, “pleaded guilty before me of stealing some articles

of little value. I looked at the record of her history. She had just

come out after three several sentences of penal servitude a poor,

broken-down, miserable being. Her first severe sentence anterior to

the above was one year’s imprisonment for stealing a pound or two of

butter. Her first seven years’ sentence was for stealing some trifling

quantity of butter again. Her second seven years was for stealing some

butcher’s meat. From this she had been out a month and was again

committed and sentenced to another seven years for stealing a duck

from a poulterer’s shop. Twenty-two years for five or ten shillings’

worth of food. It calls to mind Hood’s passionate cry, ‘That bread

should be so dear, and flesh and blood so cheap.’ Every one of these

offences points to the pressure of extreme want. I gave her a slight

punishment and have never seen her since.”

And that is what happened in practice. It was found that very many of

these petty criminals pleaded guilty at Liverpool Sessions, received a

light sentence, and came out with a hope and intention, often

fulfilled, of leading honest lives. Others, of course, fell again and

again into bad ways, but those, he argued, were really persons who

wanted some form of asylum rather than a gaol, where their feeble will

power could be protected from the temptations of the world. These long

terms of penal servitude for petty thefts were survivals of the old

criminal code. In the middle ages a thief was hard to catch, and

probably when he was caught the best use to put him to was to hang

him. Nowadays the thief is comparatively easy to catch, and therefore

the hanging of him when caught ceases to be a sensible action. One of

Hopwood’s arguments was that at his sessions prisoners pleaded guilty

and gave no trouble to the prosecutor, whereas in the days of harsh

sentences prisoners pleaded not guilty and juries hesitated to

convict. Another of Hopwood’s reasons for weighing carefully the

length of a sentence was――as he often reminded us――that every year,

every month, nay, every day that is added to a prisoner’s sentence is

too often a year or a month or a day added to the misery of guiltless

women and children, whose lives and happiness depend on the return of

the wretched men whose liberty is forfeit.

I have often heard Hopwood discuss these matters, and always with

profit to myself. The mere fact that such long sentences could be

defended was, to him, evidence that the passing and witnessing of such

sentences led to a moral deterioration――a hardening of the moral

nature of both judges and spectators. I think this is true. We have

recognised the truth of it in relation to public executions, and there

is no doubt that to be a part of the working machine of the criminal

law blunts the edge of compassion. Further, one effect of long

sentences on prisoners was to make them commit worse crimes and to

resist capture by violence. That is an aspect of criminal policy that

is apt to be overlooked by those who clamour for harsher and stronger

measures against evil-doers.

One of Hopwood’s best attributes was that calm, reasoning detachment

of mind which enabled him to understand the point of view of the

poorer classes on our administration of justice. What the bottom dog

sees when he puts his nose over the dock and blinks at the learned

Recorder and his brother magistrates of the city, is a very different

picture of Justice from that which we behold so complacently from our

side of the railing. To him it seems a mere mockery to behold Justice,

well fed and prosperous, blind to the many frauds and much misconduct

of its own class, pompously and Pharisaically denouncing the less

guilty, the mere stealing of something to eat or something to clothe,

by sentences which should be reserved for real and atrocious crime.

Certainly, it makes one uneasy to remember how many successful and

fraudulent schemes have swept away the savings of the working classes

into respectable broadcloth pockets――even magisterial pockets――and the

law has found no remedy and no punishment. But the scandal is not a

new one, and is well sanctioned by precedent. Our forefathers rhymed

it, in their easy-going way:

You prosecute the man or woman

Who steals the goose from off the common,

But leave the larger felon loose

Who steals the common from the goose.

Hopwood was a much-abused reformer, but he kept a stout heart, and

went his way remitting hundreds upon hundreds of years of imprisonment

in mercy to his fellow-creatures. There is no evidence that his

methods injured any class of the community. He preached the cause of

criminal appeal to deaf ears, but since he has gone we are all

converts to his view, and wonder how we could have hindered the reform

so long. What was it that began to awaken Lancashire folk to the

belief that Hopwood had not only a warm heart, but a clear head, and

was talking business sense? Sometimes I think it was the statement in

one of his later charges that in not inflicting long sentences he had

already saved the taxpayer £28,000. If there is one thing Lancashire

does understand it is figures.

Looking back on my recollections of the men on circuit, I think he was

undoubtedly the greatest man I knew. I say great, inasmuch as he

fulfils Longfellow’s words, for his life indeed reminds us of the

greater possibilities of our own humbler lives. Even now that he has

departed his footsteps re-echo along the hopeless corridors of the

gaol as of one who brought glad tidings to the oppressed. When the

social history of the nineteenth century comes to be written the man

who, by his fearless example and persevering energy, proved to society

that the existing treatment of the smaller criminal was unnecessarily

cruel will have a higher place than many more ambitious reformers.

And in spite of his tenacity and the outspokenness of his unpopular

opinions we all loved him on circuit, though not all of us were his

disciples, and I shall never forget the cheers of laughter and delight

that went up when an Irish colleague thus concluded an after-dinner

peroration in his honour: “Hopwood has indade taught us what a

beautiful thing it is to temper mercy with justice.”

After all, like many a “bull,” it really expresses very clearly what

Hopwood was doing.

And though I have never more than half believed the extravagant claims

of the almost mesmeric power of the Press over the common horde of us,

yet as a mere “man in the street”――to use a phrase that Greville

brought from Newmarket――I have seen enough of the inner chambers of

journalism to know that if a journalist may not do much to educate the

public he can do something towards the education of himself. The

discussions you enter into with men of all parties, the books you have

to read, and the plays you cannot stay away from, ought to cultivate

in you a better sense of charity. If it does not, then the fault is in

the seedling and not in the soil.

I have never been under any delusion about the _scribendi cacoethes_.

It is not a pleasant disease, but it has comparatively good points

about it. When the fit is upon you, you do not worry your family and

your neighbour with the details of it, as you do when you have an

attack of the spleen, or the rheumatism, or the slice, or the pull, or

whatever recent manifestations of neuritis you may be suffering from.

You only wish, like any other well-mannered sick mammal, to be left

quietly and undoubtedly alone till the fever leaves you. I know I have

wasted a lot of my spare time in writing; it soothes my particular

fancies, it is the form of indolent amusement that I enjoy.

I daresay if I had tackled the higher things of life, and given the

industry of my overtime to more serious pursuits, I could have reduced

my golf handicap below the mediocre twelve at which it stands, or lost

more money on horses than I have on books. But this I can say with

honesty, that when I write _finis_ on the last page, and my time is

over, the best of it has been the “overtime.”

What the Judge Saw: Being Twenty-Five Years in Manchester by One Who Has Done It · 第 14 / 18 章