The morning star and Catholic messenger., 1877-09-30
Morning Star and Catholic 'Nesaen er.
ETW oRLEASs SUNDAY, SEPTEMBER so. 1877
Interesting Small Talk about Old English Law
yers and Statesmen.

The recent publication or the N1e Oh tno Ia
nous English lawyer, soarlett, whose famt
billed that country towards the end OF the last
psntury and the beginning Of this, and who
Was, as an attorney, the peer If not the superior
bf Erskine, Brougham, Lypdhurst, etc., gives
bccssion for the publication of the following
Interesting small-talk concerning English
awyers and statesmen of that epoch:
when soarlett began practice ct sessions,
bourt business was transacted with dispatch
which contrasts strikingly with the present
make long speeches. A good example of
reyity is supplied by Erskine, in an action
ght by q gentleman against lady for
orrowed money. After observing that love
as over or ont of the question, Elskine said
d should simply read the defendants letter
Sir, when convenient. you shall have your
en- guineas. despise- yea. .n-4tfbat is my
ase," said Erskino. II shall prove the hand
Eritipg" At one time Garrow, leading for
he defence in slander case, pulled out his
Fatch with, "There, gentlemen of the jury,
Q you that my client has spoken nothing but
be plain truth" They found for the defence.
EQUALLY brief was the reply made by Taunton
atterward Justice) to Charles Phillips, the
loquent complaint amounts in plain English
10 this that his client has received a good,
ound horsew hipping; and my defence is as
hort; that he richly deserved it," The in
reduction of long speeches on Circuit may be
raced to Wilde (Lord Truro). whose example
Fas strengthened by Crowder (afterward
nstice). AT the end Of one of the latter,s re-
nth was haHie nssn
Farn't, was the indignant rejoinder; II can
band as much of Mr.. Crowder as another. I've
erved in Serjeant Wilde's time" When Scar
bit went on the Northern Circuit, the only in
lance of a speech an hour long was one by
law (Lord Ellenborough). but the very fret
.peech Brougham made was three hours and q
alf. The fashion, once set, could not be de-
arted from, clients and attorneys being apt
think that they did not get their moneys
Forth unless every topic was exhausted. The
perating cause could be inferred from what
udge who had patiently endured q speech
Thich was not ended when the court adjourn
| d. But the next morning, when the infic
ion recommended, he quietly addressed the
H iord swe yen, mere He fG
aid no more, but he had said enough.
Scarlett's unrivalled dexterity in the man
cement of q jury was not unalloyed with
uisitely crafty method of entering into CON-
ersation with Q jury is delineated by the au-
hor of Ten Thousand Year. whose Sleek
milling Mr.. Subtle can be no other than James
csrlett. The Duke of Wellington said of
i'm, "When Scarlett is addressing jury there
re thirteen jurymen." A more striking
Fibute to his adroitness was paid by York.
hire juryman, who, being asked after his at.
be leading counsel, said, "Well that Lawyer
frougham be wonderful man; he can talk,
Q can but don't think nowt of Lawyer
carlet1." "How is thatP said his interlocu-
or, "you have been giving him all the YER
lots" "Oh, there's nothing in that said the
hror; che be SO lucky, You see, he be always
n the right eide" The truth is that the sue
ess of popular leader in getting, verdiots
bay be partially accounted for by his being
Generally retained for the plaintiff, who is first
the field. and who-such is the result of
Professional experience in Eng gland-is more
|Fequently in the right.
Lord Brougham recounts notable instance
Il Scarlett's acting in the place of the jury at
be critical moment of their beginning TO con-
der their verdict. He had defended a gen.
eman against charge of an odious descrip-
on. and had performed his part with zeal and
kill. AS soon as the Judge had summed up,
be counsel tied up his papers deliberately,
bid loud enough to be heard by the jury that
70 was engaged to dinner, and in clear q
Rse there WAS no need of waiting what must
the certain event. He then retired, bowing
the Court, but one of the Juniors having oc-
Rsion to follow biLn found that all this conf
|ence and serenity had never crossed the
hresbold, for behind the door stood hid Scar
1T trembling with anxiety, his face the color
his brief 1t may be questioned whether an
rtifce of this kind falls within the limits of
Rgitimate advocacy, or whether it be particu-
(rly creditable to the actor.
Whatever may be thought of such devices,
Is palpable that wit, humor, and sarcaem
be not. supeIauous in jury speech, provided,
course, the tendency of counsel's sallies is to
lvance his cause. This was invariably the
ase with Erskne. When, for instance, he
as defending q man named Bolt, assaied for
shonesty by the opposing counsel, who
Pinted out that the defendants very name
as significant of evasion" Gentlemen" re-
led Erskine, "my learned friend has taken
bwOErautabe Liberties with my clieDts good
lme. He is strikipgly OF an opposite
paracter that he goes by the name of Bolt
bright" This, we need not say, was pure in
Pntion. Again, IN an action against q stage
bach proprietor by a gentleman who had sof-
.red from an upset, Erskine began
Gentlemen of the jury, the defendant is
Foprietor of the Swan with Two Necks in Lad
|ne, q name emblematio of the number of
Pcks people ought to possess who travel by
8 vehicles" When, on the other hand, he
Ps defending the proprietors of stage
ach in an action brought by the keeper of o
.enagerie for the loss of a trunk. "Why,"
ked Erskine, "did the plaintiff not take q
ason from his own sagscious elephant, and
avel with his trunk under his eyeH" Perhaps |!
9 neatest thing, however, ascribed to |
rskine was net addressed to the jury, but !
+ivately to the opposing counsel. Gsrrow |
as cross-exsmining an old lady, and trying |
vain to make her prove that q tender of |
oney had been offered. Erskne scribbled |
ese lines on q slip of paper, and threw them |
XFar IN his Ia Al hrothar.