New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-17


three when he came TO this country. He
always ACKNOWLEDGED heartily the kind
ness shown him. the facilities given him.
the aid even of men who foresaw IL him
a dangerous rival 10 make mis- path
smooth. 7 said 10 him once;
But you came here as the representa-
tive Of = Lost Cause which the English
had At one time almost made their own.
That may have helped.
"Oh. no. the friendship Of the govern
ing classes in England for the Confed-
eracy had passed into history. They
had discovered their mistake As thev
would say, they had backed the wrong
horse. II was stilI some years 70 the
Geneva Arbitration, but they had be
gun 10 be aware they would have 10 pay.
as others do when they put their money
on a loser However. I don't think that
counted one way or the other What
did count was the good viii OF English
lawyers 20 another lawyer. That you
can always depend on. They shortened
the formalities- They opened the doors
as wide as they could. And never once
when 7 had gained A foothold did find
that lybody remembered I was not
English; or remembered il 10 ny dis
advantage"
Taking his place as he did at the very
head he was d memorable illustration
Of Daniel webster's well known reply
20 the young lawyer who asked him II
the profession was not overcrowded:
There is always room at the top"
Mr.. Benjamin passed swiftly from
penury 10 afiuence. He told me once
what his highest earnings in any one
year had been. The amount was larger
by many thousands Of pounds than the
income OF his chief competitor. II was
larger. I think. than any English law
Yer now makes except at the Parlia-
mentsry Bar where the figures are al
most fantastic. This is a money test,
but apply any other you Ike and you
would still see the figure Of Mr.. Benja-
min standing out from among the crowd
and high above il. and above even the
highest OF that day.
I dined lately at the Inner Temple as
the guest OF a great and successful law
yer. There was a company OF other
successful lawyers and OF judges.
asked a question Or two about Benjamin.
In that perfectly rarefied legal atmos-
phere there could be none but a purely
legal opinion. And there was but one
opinion. Most Of these men had known
him. though Benjamin died in 1854.
Whether they knew him or not. they
knew All about him. His greatness was
admitted. EuIoEies were poured out on
him.
Did his American nationality hinder
him.
II neither hindered nor helped. He
was at the English Bar. and that was
enough
I come back 20 Sir Francis Jeune. He
vas the friend and legal adviser OF Lord
BeacOnsfell, whose viii he drew. A
Conservative. OF course. His practice al
the bar was never OF snowy kind But
II YOU put yourself into his hands YOU
felt sure he would do the right and wise
thing. His mind was Of the sort known
as legal When he came 70 the Bench Il
vas seen TO be judicial also I suppose
the general public has never understood
why Probate. Divorce and Admiralty
should o. united IN one division Of the
Supreme Court. No two subjects could
Dc more unlike than Divorce and Ad-
ml-alty. But a judge Is supposed TO
have taken all legal knowledge 20 be his
province. and 70 be equally capable OF
dealing with al the mysteries OF the law
IN all its relations 70 all parts Of life. II
is true that on the Admiralty side as
SCISSORS are called in. An assessor is =
kind or eyper-. a retired sea captain.
for example, who has never commanded
anything bUt a sailing ship. is supposed
20 be competent TO advise o. Tire most
intricate questions Of modern steamship
navigation. The result is sometimes
astounding as IN the case Of the Cam
pania- condemned by M Justice Coreu
Barnes 20 pay for the loss Of the bark
Embclton. by collision. solely because
she was steaming nine knots II
was proved that rhis was the safest
speed Tor her and for all Corners. that
she was under better control a. nine
knots than at any less speed. But the
court said. 'Tf people viii build slips
which arc safest ar nine knots. thev
must he responsible Tor tire copse-
CUenCes.'
sir Francis Jeune had no pa-t in the
trial Of this famous cause and am SIRE
hsd TOO much sense - agree with The
Judgment Good sense was. rerhaDs
4 tire predominant trait in his character
He showed II prominently in the Di-
vorce Court. There he was helued. no
doubt. by his social experiences. He
. knew London as few men knew II He
had. in such matters. almost feminine
I instincts. But he ruled in his court
as al strong English Judges rule and
as strong American Judges DO not. In
America We say Of an advocate ne
F tried such and sEch case" In Eng
f land the phrase IS never used ~ The
( barrister. II is the Judge who tries
/ The cause. a. y ought 70 be. Sir Francis
tried" the causes that came before him
. He knew the law He mastered facts
easily He was not easily nisled and
. he had the sagacity which ed him
. quickly 20 right conclusions Since his
death there have been contrasts On
which / VIII not dwell gWS
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