Middletown transcript., 1886-03-19
THE JUDGES sTRATAGEM.

THE JUDGES sTRATAGEM.
A gentleman of about fiye-hundred
pounds-a-year estate, in the eastern
part of England, had two sons. Th'
eldest, being Of "a rambling disposition
took place in a ship, and wen
abroad. After several years hi:
father died, when the younger son de
stroyed his will. and seized upon the
estate. He gave out that his eldest
brother was dead, and brftbed SOME
false witness to attest the truth Of it
In the course Of time, the eldest
brother returned, but came home in
miserable circumstances His young
er brother repulsed him with scorn,
told him that he was an imposter and
a cheat, and asserted that his real
brother was dead long ago, and he
could bring witnesses to prove it.
The poor fellow having neither
money nor friends, was in a most dis
NAL situation. He went round the
parish making bitter complaints, and
at last came to a lawyer, who when he
had heard the poor mans mournful
story, replied to him in this manner !;
/" You have nothing to give me. If l
undertake your cause, and lose it, it
will bring me into very foul disgrace,
as all the wealth and evidence is on
your brothers side. But, however,
I will undertake your case on this
condition You shall enter into obli-
cations to pay me thousand guineas
ifI gain the estate for you. fl lose
it, / know the consequence, and Iven-
ture upon it with my eyes open.
Accordingly he entered an action
against the younger brother, and it
was agreed to be tried at the next
general assizes at Chelmsford, in Es-
sex.
The lawyer having engaged in the
cause of the poor man, and stimulated
by the prospect Of a thousand guineas,
set his wits to work to contrive the
best methods to gain his end.
At last he bit upon this happy
thought, that he would consult the
first Of all the judges, Lord Chief
Justice Hale. Accordingly he went
up to London, and laid open the case
and all its circumstances.
The Judge, who was the greatest
lover of justice of any man in the
world, heard the case patiently and
and attentively, and promised him all
the assistance in his power.
ct is very probable that he opened
his whole scheme and method Of pro-
ceeding, enjoining the utmost secre-
cy)
The Judge contrived matters in
such manner as to have finished all
his business at the Kings Bench be-
fore the assizes began at Chelmsford,
and ordered his carriage to convey
him down very near the seat Of the
assizes.
He dismissed his man and his
horses, and sought out for single
house. He found one occupied by a
miller. After some conversation, and
making himself quite agreeable, he
proposed with the miller to change
clothes with him. As the judge had
a very nice suit on, the man had no
reason to object. Accordingly, the
judge put on a complete suit Of the
miller's best.
Armed with the miller's hat, and
shoes, and stick, away he marched to
Chelmsford. He had procured good
lodgings to his liking, and waited for
the assizes that should come on the
next day.
When the trials came on, he walk
ed. like an ignorant fellow, back
wards and forwards along the county
hall. He had thousand eyes with
him, and when the court began to fill,
he soon found out the poor fellow that
was the plaintiff
As soon as he came into the hall,
the miller drew up to him.
Honest friend" said he, "how is
your cause like to go to-day ?"
Why" replied the plaintiff, ''my
cause is in a very precarious situation,
and if I lose it, I am ruined for life r
"Well, honest FRIEND" replied the
miller, "will you take my advice p |
will let you into secret which per-
haps you do not know. Every En-
glishman has the right and privel-
edge to except against any one jury
man through the whole twelve. Now,
do-you insist upon your privilege,
without giving reason why, and, if
possible, get me chosen IN his room,
and | will do you all the service in
my power"
Accordingly, when the clerk Of the,
court had called over the juryman.
the plaintiff excepted to one of them
by name.
The Judge On THO bench was highly
offended with this liberty.