Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1827-10-03

| Veniiirer was able To Keep in the tram OF the
two Judges, when the period arrived for going
through the course of the circuit. For the
means Of doing so, he ought never 10 forget
! that lie was indebted to the coniiding gcEcros-
| ty of an Irishman. A.young gentleman Of the
name of Sinclair, of Hibcrnan extra ction, and
| denizencd in the city Of York, belonged to the
Junior bar, aud was, of course, very great or
aclc IN the metropolis of the North. AS he
| was of very frank and aniiabc temper, and
withal very practical in his way of doing
things, no one was ashamed or afraid TO ask
him for favour. Mr.. Scott did not hesitate
TO lay before him the unpromis;ne condition of
his affairs, and shook his empty purse in the
face of his learned friend. ''What am to do;
pray tell me-" ''Why (replied Sinclair) if it
be an opinion you want, you must consult inc
in the regular way; but il you stand in need of
any money, | am your humble servant, and
welcome" 4 loan Of 3Ok. followed the con-
versation and his was the precedent for
another and another application to the gener-
Gus creditor. AT last MIR. Scott said, 81 have
gone far enoogh now, in all conscience. give
up the circuit, Sinclair, l am determined on
it," "Nay, nay, Jack, you have too much
law for that" fejoned the bcnetao aotor ITO
be sure You have lost sonc pounds amongst the
dust ofyour Northern roads here; but come,
fling this much (handing him 3Ol) in the same
them, and mach more in!o the bargain.' This
very Sinclair isnow the aged and venerable
Recorder of York, and has long been wei
como attendant at the circuit bar mess.
II was now within few days Of the end OF
tho assizcs at York, and both the Judges were
hurrying on the business; for, at that time tic
interval allotted for the execution Of the COM
mission at York was by no means sufficient,
and the Judge, IN the Nisi Prius Court in that
city, could never get over the necessity Of
leaving "legacy,' as it was called, in the
shape of some four or five remnants, 10 his
sue ccssor at the ensuing Ass1,s. This was a
subject ofrepro, ch TO the administration oftlc
law, and Judges were very anxious TO do ii
away. The moment was critical one, there
fore, when case was called on, in which Mr..
Scott held junior brief Tic jury was regu-
larly sworn; the cricr had all the witnesses
gathered under his box; and the Judge look cd
down, expecting TO hear some one open the
| peadngs, Mr.. Scott slowly rose and stated,
that as the leading counsel in the cause, the
| attorney general for Durham, was engaged all
| the morning in the Crown Court in an unayoid-
able coming case; and would be able speedily
TO leave il, he hoped the Court ould postpone
the cause for a few hours. "Call the next,
| Mr. Marshal" exclaimed the Judge, in a
| tone which, il was well understood, impor,c ed
| not only "call the next but also, "strike out
the present case Mr.. Scott unfolded his
brief, and forthwith proceeded to address the
jury. lie had settled the declaration in the
cause himself, therefore he was ready at stat
| ing the facts A Mrs. Fer:nor, and very el-
| derly Miss Sanstem were adyersaries at n
| whist party; when, by some extra ordinary con-
yuls:on Of nature, dispute arosc.-W ords
were the prelude to blows, and, to the cter.
nal shame ofYorkshire gallantry, Mrs. Fer
NOR was forced from her chair, and compelled
to measure her length on the floor ofthc apart.
ment. The great point in the cause was, tC
| ascertain who gave the first blow; and all the
| evidence, that which she prod.ccd herself in
cluded, led pretty directly TO the conclusion
that Miss Sanstem was the original assailant
The case was, indeed, in the general opinion
pretty clear against the young lady. The
| Judge was now about to sum up, when the ad
verse Counsel took an objection to the form OF
the declaration The chief count alleged, n:
| it appeared, that the assault was committed b,
| the hand of the defendant; and this cxprcs
| sion ran through the remaining counts. Now
| the testimony of every one of the Witnesses
went to show, that if any violence was inflicted
| by Miss Sanscm at all, il was by Hngng the
| cards in the face of Mrs. Fcrmor. Here was
a fatal variance; and Court and Juiy, and ali
the busy dmiei curiG were stock still. Mir.
| Scott, at length, rose with face of the best
y
should have exhibited the marks Of d,sappoint-
ment. very true, my Lord; with her cards
did Miss Slnstcm commit this breach of the
| peace; we never meant 10 state any thing else
for surely your LordShip need not be told the
| gentlemen in that box have not TO learn, at
| this hour Of day-that, in the common parancc
Of :ho card-tablc, n hand means cards She
did, my Lord assault the plaintiff with her
hond Of cGrds." A bw Of applause succeed
cd, and was gaining strength, rs the Judge APP
| pcaicd TO admit the validity of the eXplana-
ton; for the injury to Mr. Scott's client was a
very gross one, and excited the sympathy OF
tho audience in her favour In Tie libatons,
| the same evening, By which Witnesses, client
| solicitor, and numerous Gicnds ccIcb cd the
triumph, the young counsel was deeply remcm-
| bcred
II was during one Of his professional visits 10
| Newcastle in the course OF the Circuit, that
| Mr.. Scott first saw Elizabeth Surtccs, and SUBJ
mittcd TO her charms. Size was then a very
| elegant young woman, possessing fine per-
! son and interesting count cnancc. She was mid
| and sensible, and molc remarkable for a do
! mcstc turn of mind than for any disposition To
cultivate ihc fashionable accomplishments of
the day. Those who know any thing of pro-
vincial Assizc Courts, need not be told that a
very considerable proportion indeed OF the au-
| dIcncc, but particularly that select part which
| finds accommodation in the ncighborhood Of
| the brnch consists Of ladies'. Miss Surtocs ,as
she bclon ed 10 very mlucntalclass Of So
cictv in Newcastle, Usually obtained con-
spicous pa CO in Court. Mr.. Scott, having now
bit little 10 do in the way Of business, would
send his susceptible heart gadding amongst
| the circle Of beauties; at last il found a resting
! place in Miss Surtces. The time OF year too,
| il being tho height of summer, was particular
| " favorable to the inspirations Of tho amorous
AIN the town Of Hull tic Asszes were held scarce
y oltcrcr than once i'm three wears. II happened,