The sun., 1919-09-07

Chief Justice" In failing to do 50. Lord
Alverstone thought Sir Edward Clarke
lost great opportunity; for If the jury
had been allowed to render their own YER
diet there might not have been a conyic-
ton-several of the jurymen being OBJ
viously favorable to the defendants. Sir
Edward Clarke comedies that this criti-
cism may be just but he does not see what
good purpose would have been served by
a violent scene in court or by retiring
from the trial with his colleagues; and
he thinks his protest may have done some
good as 1t was, for the "evil precedent
thus set by Lord Russell. has never been
followed There is this to be said, how
ever, il Sir Edward Clarke and his asso-
ciates had started to leave the court, the
Lord Chief Justice might have reconsid-
cred his proposed action and aban-
doned it
w.
In reference to the celebrated Tranby
Croft baccarat case, Sir Edward Clarke
expresses his profound belief that his
client, Sir William Gordon Cumming, was
innocent Of the charge Of cheating at
cards, Of which the verdict found him
guilty. Lord Coleridge presided at the
trial and permitted Lady Coleridge and
a group Of society women to occupy the
bench with him, while one of his daugh-
tiers sat close in front Of them making
sketches Of the prominent persons pres
ent. When the audience applauded Sir
Edward Clarke's summing up, Lord Cole
ridge, in rebulxing them, exclaimed
angrily: "This isn't q theatrel" which
was rather laughable under the circum-
stances. The court was exceedingly lax
in the admission Of evidence injurious to
Sir William Gordon Cumming. Thus the
Prince Of Wales, in giving hi testimony,
was not confined to statement of facts
which he had witnessed, but was per-
mitted to tell the jury that the Empress
sion" made upon his mind was that Sir
William was cheating. Such evidence
was clearly inadmissible, yet the effect on
the accused officer was simply damning.
In ADDITION to the political and profess
sional interest of this memoir of dis
tinguished English lawyer, it contains a
diary-hke record Of the life of many
sided man Of great intellectual activity.
1t is rich in anecdotes and terse bits Of
characterization-as where, in recording
visit to Goodwin Smith at Toronto, Sin
Edward Clarke says: "He does not APP
pear to approve of any person or thing
that he talks Of, and was most bitter in
his description Of the Government and
Administration and people and press Of
the United States" The visitor expressed
establishment at finding a billiard table
in the house of the scholar and historian;
but many great men have been fond Of
billiards. The present writer, in 1879,
saw Herbert Spencer playing billiards at
the Athen@um Club in London and was
told by Mr.. Spencer that nothing else af-
forded him so much restfu recreation
after his mornings work.
The story of Sir Edward Clarke's life is
a contribution Of permanent value to the
intimate history of English politics and
public affairs during the period covered
by the memoir; and to American lawyers
especially it will furnish an abundant
store Of entertaining and instructive read
ing. We call their attention to the fact
that the author made it an invariable
rule never to accept brief which did not
carry with it fee Of at least one hun
bred guineasl
THE STORY OF MY LIFE. By SIR