The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-12

LORD KINGsDOME,s RECOLLEOTIONsO
TIlE BAIk.


Lord Kingsdowns "Recollections of his Life
At the Bar and in Parliament" recently printed
in London for private circulation is caborately
reviewed in the last number of the Edinburgh.
OF the author that magazine obscrVes:-"lt was
the deliberate opinion of the ointment Judges
who shared the labors of Lord Kingsdown ut the
Priyy Council and in the House. of Lords, us
well as of the leading members of the bar who
nractised before him in those Courts
of Appeal, that no man i'm our times has
possessed and combined in an equal degree
the highest qualities of the judicial mind! TO
uuickness of perception and subtlety OF lntellect
he united n faculty of order which seemed Us if
by maUic to assign to every argument and every
fact is proper value, that the obscure became
clear and the intricate PLAIN 10 inc cases PC
fore him. thus stripped of all disguise, he app
plied with certain knowledge the fixed mechan-
ism of law and at times the broad principles of
jurisprudence, unfcttcred by technicality. Stint
ltr method and clcarness OF perception seem to
have been brought TO the preparation of Lord
Kingsdowns volume of "Rccollections," from
which we give few extracts below
FAsT-woRKING vIoE-cHANCELLoR.
When Sir John Leach was first Vice-Chan-
ceor, his first Interruptions were incessant. As
soon as he understood, or fancied he understood
the facts, he would hardly listen to argument.
He trusted to his knowledge of the principles of
equity, and imagined that any decided case
which did not square with his notions must be
bad law. He came on the bench with full de-
termination to clear off the arrears of his court,
which in two Of three years he effected; but he
done it by never hearing case through; by
deciding against the plaintiff ON the opening, or
against the defendant without hearing reply;
and there was equal truth and wit in remark of
Rose, in answer to somebody who was speculate
ing on what the Nice-Chancellor would do when
he got through all the causes in his court. ''DO !?
why he will hear the other side" The contrast
of Lord Eldin's slowness made his rapidity more
celebrated, and his fame in that respect pcne-
trated where it could hardly have been expected
to reach | remember seeing coach between
Preston and BlackpOo which, to denote its
speed, was called 1.-THE Nice-Chancellor."
The effect of these proceedings on the part OF
the judge was to lead to constant alterations
between him and the bar, which proceeded to
such an extent that at one time he had deter
mined to commit Sir +. Sugden, who, with much
the same temper and courage, had wonderful
knowledge of cases. which each esteemed very
lightly. He called into his room some of the
leading COUNSEL believe all the Queens cOun-
sel--to speak to them on the subject; but they
all dissuaded him from so violent step, and,
1 believe, told him that his own violence was
the cause of the unpleasant scenes which Oc-
Cured. No, Judge that ever existed could
have disposed of the same quantity of busi-
ness in the same time without innlmcrabe
mistakes The offensive manner in which
he acted eXasperated the counsel and often
occasioned appeals whcA otherwise they
would not have been brought, and the result was
that Lord EldUn was more overpowered than
ever, and his diatoriness was more exposed to
remark; for the whole of his time occupied
in rehearing matters which had already been be-
lore the Vice-Chaucelor; the business was rs
much in arrear us ever i'm his court, and the
suitor was subjected in all doubtful cases to the
expense and delay of two hearings instead of
having its merits disposed of by ono hearing be-
fore Lord Eldon. The old Chancellor natu-
rally nettled and yeXed, and could not always
restrain the expression of his feelings. Every
word that could anger Leech was of course care
fully repeated to him, often probably with addi-
tions, by the counsel whom he had offended; and
the Vice-Chanccllor was on no better terms with
his chief than With the Bar.
SIR SAMUEL RoMILIY.
When | knew Sir Samuel Romilly his business
was great, and he was so much engaged in
politics, that, in spite of his great industry he
seldom master of his case when he opeued
it. Having the complete lead of the court he
was almost always for the plaintiff or the peti-
toner, and had therefore to begin. have often
seen his briefs with Il short abstract of the facts
and dates on the back Of the first sheet which
had been made by some one who had read the
brief for him USUALLY, / believe, his nephew,
and from this, and what he had picked up at
consultation, he was accustomed to state his
case; his opening, therefore, vas often loose,
sometimes purposcly so, in order to allow greater
scope for the reply. This course very conve-
nient for counsel, but not very fair towards his
opponents, was encouraged by the habits OF
Lord Eldon, who always heard Il case from the
beginning to the end, though his opinion was
probably made up as soon as he had collected
the facts, and who used to justify the practice
by saying half in jest and half i'll earnest that
that the plaintiff was wrong, the plaintiff s
counsel often succeeded in doing so III his reply.
AS an advocate | think Sir Samuel Romilly
approached in his own line as near perfection ms
it is possible for man to attain. He was familiar
with the law and the practice of the court him.
self, and was aware that they were equally well
known to the judges whom he addressed; he did
not, therefore, waste time in arguing points
which were untenable he Transacted the ordinary
run of business like "a man OF business without
aiming at anything more, par neJOttjs nequt
supra. But when any great occasion arose, cspc
cially when he came to reply at the close of
long and important case, in which the feelings
were at all engaged, nothing could be finer.
Whether, if Sir Samuel Romilly ha(
lived to attain the Chancellorship he would hav,
been as great judge as he at the ba
must be considered as doubtful, having regard tt
the very rare instances in which the same mel
have been equally eminent in both characters
He seemed to possess all the requisites but h,
might have been found deficient in the tempe
and patience which, thoogh the least SNOWY ar,
not the least important qualities of n Judge
CURIOUS sToRY-wHAT CAME or A FAMu,
LAWSUIT.
In 1880 an event happened which has decided
the course of my subsequent life Sir Rober
Leigh, who had retired from Parliament i'm 1920
and had amassed by prudence and frugalitv
very large property, in addition to his patrino
nial estate, though he had always been fond of Mr.
and Mrs. Cooke, had kept up no intercourse wit
the rest of the family, aud, indeed, had appa
rently an aversion to them. The family estate
had been settled by his father, in default of ssu
of his own body, on the issue of his brother I'm
grandfather), and would havebeendiVided, there