The Book of Three Hundred Anecdotes

LAWS AND LAWYERS

A Bold Trick.—The following anecdote serves to exemplify how necessary it is upon any important occasion to scrutinise the accuracy of a statement before it is taken upon trust. A fellow was tried at the Old Bailey for highway robbery, and the prosecutor swore positively that he had seen his face distinctly, for it was a bright moonlight night. The counsel for the prisoner cross-questioned the man so as to make him repeat that assertion, and insist upon it. He then affirmed that this was a most important circumstance, and a most fortunate one for the prisoner at the bar: because the night on which the alleged robbery was said to have been committed was one in which there had been no moon: it was then during the dark quarter! In proof of this he handed an almanack to the bench,—and the prisoner was acquitted accordingly. The prosecutor, however, had stated every thing truly; and it was known afterwards that the almanack with which the counsel came provided, had actually been prepared and printed for the occasion!

Horse Trials.—In the art of cross-examining a witness, Curran was pre-eminent. A clever repartee is recorded of him in a horse cause. He had asked the jockey's servant his master's age, and the man had retorted, with ready gibe, "I never put my hand into his mouth to try!" The laugh was against the lawyer till he made the bitter reply,—"You did perfectly right, friend; for your master is said to be a great bite."

Erskine displayed similar readiness in a case of breach of warranty. The horse taken on trial had become dead lame, but the witness to prove it said he had a cataract in his eye. "A singular proof of lameness," suggested the Court. "It is cause and effect," remarked Erskine; "for what is a cataract but a fall?"

Erskine.—On Mr. Erskine's receiving his appointment to succeed Mr. Dundas, as justiciary in Scotland, he exclaimed that he must go and order his silk robe. "Never mind," said Mr. Dundas, "for the short time you will want it you had better borrow mine!"—"No!" replied Erskine, "how short a time soever I may need it, heaven forbid that I commence my career by adopting the abandoned habits of my predecessor!"

Erskine is said to have once forgotten for which party, in a particular cause, he had been retained; and, to the amazement of the agent who had retained him, and the horror of the poor client behind, he made a most eloquent speech in direct opposition to the interests he had been hired to defend. Such was the zeal of his eloquence, that no whispered remonstrance from the rear, no tugging at his elbow could stop him. But just as he was about to sit down, the trembling attorney put a slip of paper into his hands. "You have pleaded for the wrong party!" whereupon, with an air of infinite composure, he resumed the thread of his oration, saying, "Such, my lord, is the statement you will probably hear from my brother, on the opposite side of this cause. I shall now beg leave, in a very few words, to show your lordship how utterly untenable are the principles, and how distorted are the facts, upon which this very specious statement has proceeded." He then went once more over the same ground, and did not take his seat till he had most energetically refuted himself, and destroyed the effect of his former pleading. He gained the cause.

A similar circumstance happened in the Rolls Court, in 1788. Mr. A., an eminent counsel, received a brief in court a short time before the cause was called on, for the purpose of opposing the prayer of a petition. Mr. A., conceiving himself to be the petitioner, spoke very ably in support of the petition, and was followed by a counsel on the same side. The Master of the Rolls then inquired who opposed the petition? Mr. A. having by this time discovered his mistake, rose in much confusion, and said, that he felt really much ashamed for a blunder into which he had fallen, for that, instead of supporting the petition, it was his business to have opposed it. The Master of the Rolls, with great good humour, desired him to proceed now on the other side, observing, that he knew no counsel who could answer his arguments half so well as himself.

Fools.—A lawyer of Strasburgh being in a dying state sent for a brother lawyer to make his will, by which he bequeathed nearly the whole of his estate to the Hospital for Idiots. The other expressed his surprise at this bequest. "Why not bestow it upon them," said the dying man; "you know I got the most of my money by fools, and therefore to fools it ought to return."

Curran.—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. Having occasion for it shortly afterwards, he repaired to mine host for the amount, but the landlord, too deep for the countryman, wondered what hundred was meant, and was quite sure no such sum had ever been lodged in his hands. After many ineffectual appeals to the recollection, and finally to the honour of Bardolph, the farmer applied to Curran for advice. "Have patience, my friend," said Curran; "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 in the presence of your friend, and then come to me." We may imagine the vociferations of the honest rustic at such advice; however, moved by the rhetoric of the worthy counsel, he followed it, and returned to his legal friend. "And now, sir, I don't see as I'm 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. "Aye, sir; but asking won't do I'm afraid, and not without my witness, at any rate." "Never mind, take my advice," said the counsel; "do as I bid you, and return to me." The farmer returned with the hundred, glad at any rate to find that safe again his possession. "Now I suppose I must be content, though I don't see as I'm 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." We need not add, that the wily landlord found that he had been taken off his guard, while our honest friend returned to thank his counsel exultingly, with both of his hundreds in his pocket.

Mr. 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 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 once intended for the church, though in my opinion he was fitter for the steeple."

There is a celebrated reply of Mr. Curran to a remark of Lord Clare, who curtly exclaimed at one of his legal positions, "O! if that be law, Mr. Curran, I may burn my law books!" "Better read them, my lord," was the sarcastic and appropriate rejoinder.

A Good Example.—Chamillart, comptroller-general of the finances in the reign of Louis XIV., had been a celebrated pleader. He once lost a cause in which he was concerned, through his excessive fondness for billiards. His client called on him the day after in extreme affliction, and told him that, if he had made use of a document which had been put into his hands, but which he had neglected to examine, a verdict must have been given in his favour. Chamillart read it, and found it of decisive importance to his cause. "You sued the defendant," said he, "for 20,000 livres. You have failed by my inadvertence. It is my duty to do you justice. Call on me in two days." In the meantime Chamillart procured the money, and paid it to his client, on no other condition than that he should keep the transaction secret.

Legal Point.—A few years ago it happened that a cargo of ice was imported into this country from Norway. Not having such an article in the Custom house schedules, application was made to the Treasury and to the Board of Trade; and, after some little delay, it was decided that the ice should be entered as "dry goods;" but the whole cargo had melted before the doubt was cleared up!

Lord Brougham tells the following story. It is a curious instance of the elucidation of facts in court.—During the assizes, in a case of assault and battery, where a stone had been thrown by the defendant, the following clear and conclusive evidence was drawn out of a Yorkshireman.—"Did you see the defendant throw the stone?" "I saw a stone, and I'ze pretty sure the defendant throwed it." "Was it a large stone?" "I should say it wur a largeish stone." "What was its size?" "I should say a sizeable stone." "Can't you answer definitely how big it was?" "I should say it wur a stone of some bigness." "Can't you give the jury some idea of the stone?" "Why, as near as I recollect, it wur something of a stone." "Can't you compare it to some other object?" "Why, if I wur to compare it, so as to give some notion of the stone, I should say it wur as large as a lump of chalk!"

Questioning.—Sir John Fielding gave a curious instance in the case of an Irish fellow who was brought before him when sitting as a magistrate at Bow-street. He was desired to give some account of himself, and where he came from. Wishing to pass for an Englishman, he said he came from Chester. This he pronounced with a very rich brogue, which caught the ears of Sir John. "Why, were you ever in Chester?" says he. "To be sure I was," said Pat, "wasn't I born there?" "How dare you," said Sir John Fielding, "with that brogue, which shows that you are an Irishman, pretend to have been born in Chester?" "I didn't say I was born there, sure; I only asked your honour whether I was or not."

Thelwall, when on his trial at the Old Bailey for high treason, during the evidence for the prosecution, wrote the following note, and sent it to his counsel, Mr. Erskine: "I am determined to plead my cause myself." Mr. Erskine wrote under it: "If you do, you'll be hang'd:" to which Thelwall immediately returned this reply: "I'll be hang'd, then, if I do."

Peter the Great, being at Westminster Hall in term time, and seeing multitudes of people swarming about the courts of law, is reported to have asked some about him, what all those busy people were, and what they were about? and being answered, "They are lawyers." "Lawyers!" returned he, with great vivacity, "why I have but four in my whole kingdom, and I design to hang two of them as soon as I get home."

A Sheepish Lamb.—Counsellor Lamb (an old man, at the time the late Lord Erskine was in the height of his reputation) was a man of timid manners and nervous disposition, and usually prefaced his pleadings with an apology to that effect; and on one occasion, when opposed to Erskine, he happened to remark that "he felt himself growing more and more timid as he grew older." "No wonder," replied the witty but relentless barrister, "every one knows the older a lamb grows the more sheepish he becomes."

A learned serjeant, since a judge, being once asked what he would do if a man owed him £10, and refused to pay him. "Rather than bring an action, with its costs and uncertainty," said he, "I would send him a receipt in full of all demands." "Aye," said he, recollecting himself, "and I would moreover send him five pounds to cover possible costs."

Sir William Jones and Thomas Day.—One day, upon removing some books at the chambers of the former, a large spider dropped upon the floor, upon which Sir William, with some warmth, said, "Kill that spider, Day; kill that spider!" "No," said Mr. Day, with coolness, "I will not kill that spider, Jones: I do not know that I have a right to kill that spider. Suppose, when you are going in your coach to Westminster Hall, a superior Being, who perhaps may have as much power over you as you have over this insect, should say to his companion, 'Kill that lawyer, kill that lawyer!' how should you like that, Jones? and I am sure, to most people, a lawyer is a more noxious animal than a spider."

Sir Fletcher Norton was noted for his want of courtesy. When pleading before Lord Mansfield, on some question of manorial right, he chanced unfortunately to say, "My lord, I can illustrate the point in an instant in my own person: I myself have two little manors." The judge immediately interposed, with one of his blandest smiles, "We all know that, Sir Fletcher."

The Stocks.—Lord Camden once presided at a trial in which a charge was brought against a magistrate for false imprisonment, and for putting the plaintiff in the stocks. The counsel for the magistrate, in his reply, said, the charges were trifling, particularly that of putting in the stocks, which everybody knew was no punishment at all. The chief justice rose, and leaning over the bench, said, in a half whisper, "Brother, were you ever in the stocks?" "In the stocks, my lord! no, never." "Then I have," said his lordship, "and I assure you, brother, it is no such trifle as you represent." His lordship's knowledge of the stocks arose from the following circumstance. When he was on a visit to Lord Dacre, his brother-in-law, at Alveley in Essex, he walked out one day with a gentleman remarkable for his absence of mind. When they had reached a hill, at some distance from the house, his lordship sat down on the parish stocks, which stood by the road side; and after some time, asked his companion to open them, as he wished to know what kind of punishment it was; this being done, the absent gentleman took a book from his pocket, and sauntered about, until he forgot both the judge and his situation, and returned to Lord Dacre's house. When the judge was tired of the experiment he had so rashly made, he found himself unable to open the stocks, and asked a countryman who passed by to assist him. "No, no, old gentleman," replied Hodge, "you was not set there for nothing, I'll be bound!" Lord C. protested his innocence, but in vain; the countryman walked on, and left his lordship to meditate for some time longer in his foolish situation, until some of Lord Dacre's servants, chancing to pass that way, released him.

Hanging Judge.—Counsellor Grady, in a late trial in Ireland, said, he recollected to have heard of a relentless judge; he was known by the name of the Hanging Judge, and was never seen to shed a tear but once, and that was during the representation of The Beggar's Opera, when Macheath got a reprieve!

It was the same judge, we believe, between whom and Mr. Curran the following pass of wit once took place at table. "Pray, Mr. Curran," said the judge, "is that hung beef beside you? If it is, I will try it." "If you try it, my lord," replied Mr. Curran, "it is sure to be hung."

Keep to the Point.—Lord Tenterden contracted such an inveterate habit of keeping himself and everybody else to the precise matter in hand, that once, during a circuit dinner, having asked a country magistrate if he would take venison, and receiving what he deemed an evasive reply, "Thank you, my lord, I am going to take boiled chicken," his lordship sharply retorted, "That, sir, is no answer to my question; I ask you again if you will take venison, and I will trouble you to say yes or no, without further prevarication."

Longs and Shorts.—There were two barristers at the Irish bar who formed a singular contrast in their statures. Ninian Mahaffy, Esq., was as much above the middle size as Mr. Collis was below it. When Lord Redesdale was Lord Chancellor of Ireland, these two gentlemen chanced to be retained in the same cause, a short time after his lordship's elevation, and before he was personally acquainted with the Irish bar. Mr. Collis was opening the motion, when the lord chancellor observed, "Mr. Collis, when a barrister addresses the court, he must stand." "I am standing on the bench, my lord," said Collis. "I beg a thousand pardons," said his lordship, somewhat confused. "Sit down, Mr. Mahaffy." "I am sitting, my lord," was the reply to the confounded chancellor.

The Scotch bar had once to boast in Mr. Erskine, of Cardross, of a pleader quite as diminutive as Mr. Collis. He had usually a stool brought to him to stand upon when addressing the court, which gave occasion for a witty rival once to observe, that "that was one way of rising at the bar."

Lord Kaimes used to relate a story of a man who claimed the honour of his acquaintance on rather singular grounds. His lordship, when one of the justiciary judges, returning from the north circuit to Perth, happened one night to sleep at Dunkeld. The next morning, walking towards the ferry, but apprehending he had missed his way, he asked a man whom he met to conduct him. The other answered, with much cordiality, "That I will do with all my heart, my lord. Does not your lordship remember me? My name's John –, I have had the honour to be before your lordship for stealing sheep!" "Oh, John! I remember you well; and how is your wife? She had the honour to be before me too, for receiving them, knowing them to be stolen." "At your lordship's service. We were very lucky; we got off for want of evidence; and I am still going on in the butcher trade." "Then," replied his lordship, "we may have the honour of meeting again."

Sergeant Hill, who was much celebrated as a lawyer, and eminently qualified to find out a case in point on any disputed question, was somewhat remarkable for absence of mind, the result of that earnestness with which he devoted himself to his professional duties. On the very day when he was married, he had an intricate case in his mind, and forgot his engagement, until reminded of his waiting bride, and that the legal time of performing the ceremony had nearly elapsed. Being once on circuit, and having occasion to refer to a law authority, he had recourse as usual to his bag; but, to the astonishment of the court, instead of a volume of Viner's abridgment, he took out a specimen candlestick, the property of a Birmingham traveller, whose bag the learned sergeant had brought into court by mistake.