Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1855-10-31
MISC L L Ia A N Y.
Chief Justice Hale,

A gentleman who possessed an estate in the
eastern part of England worth five hundred pounds
a year, had two suns. The oldest. being of
rambling disposition went abroad. After several
years his father died. The younger snn destroyed
the will and seized upon the estate. He gave out
that his elder brother was dead, and bribed wit
nesSes to attest II. In the course OF time, the ell
der brother returned, in miserable circumstances.
The younger repulSed him with scorn, saying
that he was an inpostor and cheat-that his
real bf1her was dead long ago, and he could bring
witnesses to prove 1t.
The real brother. having neither money nor
friends, was in dismal situation. Al last he found
a lawyer who agreed, Gas he had nothing to pay
him. that it he Iuld give him one thousand
guineaS. if he undertook and gained the cause. he
would act for him; to which he assented. The
case was 10 be tried at the next General Assizrs,
at Chelmsford Essex. The lawyer, being now
engaged. set his wits to obtain success. AT last
ne thought he would consult the first Judge of
that aye, Lord Chief Justice Hale; accordingly
he has,ened to Loadon and laid open the cause
and all its cireu instances The Judge, who was
great lover of justice, listened attentiveIy, and
promised all the assistance in his power. The
lawyer, having taken leave. the judge contrived
so as to finish all the business at the Kings Bench,
5etre the ChelnSford Asszes began He started
for Chelmsford. and when within a short distance
OF that place. he dismissed his horse and sought
for private house he found one occupied by a
miller. After some conversation, aud making
himself very agreeable. he proposed to the miller
to chauge clothes with him. and as the Judge had
uood suit on The miller did not object; accord
ingly the Judge put on cOinplee suit OF the mill
er's best. Adorned with a mlller'S hat, shoes and
stick, away he marched To Chelmsford. where he
procured lndgingS against the AssiZes next day.
When the trial came on he walked like an ignor
ant fellow. backwards and forwards along the
county hail. and when the court began to fill. he
found out the pOnr fellow who was the plaintiff.
As s1on as he came into the hall the miller drew
up to him.
'Honesl friend, how is your case like to go to-
day 2"
"Why," replied the plaintiff. "my cause is in
4 very precdrous situation and if lose it, | am
ruined ior lie.''
''Well, honest friend" replied the miller. evil
you take my advice will let you into a secret,
which perhaps you do aot know. Every English
man has right aud privilege to except to any
one juryman through the whole twelve now do
you insist upon your privilege without giving a
reason why, snd. If possible. get me chosen in his
roulu. and will do all the service in my power"
Accordingly when the clerk called over the
names of the jurymen, the plaintiff excepted to
one Of them. The Judge On the bench was high
ly offended at this.
"What do you mean," said he, "by excepting
to that gentleman :"
81 mean, iny nrd TO assert my privilege rs an
EngliShman. without giving reason why"
The Judge. who had been highly brlbed, in or
der to conceal it by show of candor. and having
= IL. g,t
'.Well sir. as you claim your privilege in one
instance, will grant it, Nhon would you like
To have IN piace Ot that man excepted !'
After a short time taken in consideration, the
plaintiff said
My lord. :. | wish to have an honest man chosen
in !" aud looking arouud said, ''there is that mil
Ter in the court we will have him ii Ou please"
Accordingly the miller was chosen.
As Saon us the clerk OF the court had given them
all their oaths. deXteruus ellow carns into the
apartment and slipped ten caroluses into the hands
OF the eleven jurymen, and gave the miller but
five. He observed that they were all bribed as
we'll as himself aud said 10 his next neighbor in
soft whisper, chow much have You got %
Ten pieces" said he. The miller did not say
what he had.
Tue cause was opened by the plaintiffs counsel,
and all the scraps OF evidence they could pick up
were adduced IN his favor. The defendant had
great number of witnesses and pleaders, all brio
I'd as we'll as the judge. The evidence deposed
that they were In the self same county when the
brother died, and him buried and everything
went with a full tide for the younger brother-
The Judge summed up with great gravity and de-
liberation: "And now, gentlemen of the jury.
bring in your verdict as you shall deem most just
la few minutes the judge said : Are you a
greed VIM shall speak for you ?"
1--WE are all agreed ; our foreman shall speak
for u.s."
"Hold my lord, replied the miller, "we are
not all agreed"
Why" said the Judge in surly manner,
s'what is the matter wIIh you-what reason have
you for dsagreeing?'
81 have several reasons, my lnrd," replied the
miller. First. they have given all the gentle
meu Of the jury ten broad pieces of gold, aud me
only five, which is not fair. Besides, have many
objections to make to the false reasoning OF the
oleaders, and the contradictory evidence Of the
witnesses"
Upon this the miller began a discourse that
discovered such vast penetration OF Judgement
aud extensive knowledge of law that 1t aStonlshed
the judge aud the whole cHurt. As he was going
on, the Judge, in surprise, stopped him.
.'N here did you come frSn,and who are you 9''
he asked.
III came from Westminster HILL" replied the
miller. "My name is Matthew Hale, Lord Chief
Justice of the King's bench. have observed the
iniquty Of your proceedings this day; therefore