The sun., 1919-09-07
adas Book word q The Sum september II
Success and Failure at the English Bar

81 course they found . verdict Of guilty.
"Sir Henry Hawkins continued his
career Of public disservice," we are told,
for twenty years after the trial Of the
Penge ease. Ho retired from the bench.
having been made peer with the title of
Lord Brampton, in 1894; and even then
Sir Edward Clarke still felt SO bitter
against him that he wrote TO the Attorney
General he should make public protest
IL any complimentary ceremonies were at
tempted expressive Of the regret Of the
bar at the loss Of good Judge.
The queer stories current among Eng
fish lawyers concerning the eccentricities
Of Hawkins were innumerable. As a
barrister his fees were VIGOROUSLY pro-
digious and brought upon him the cele-
brated rebuke Of Sergeant Balantine,
who told him he could not take his guineas
with him when he left his present sphere.
and II they did they would melt This
remark may have been suggested by his
fondness for heat in his court room. Mr..
]. A. Strahan, in his recollections Of the
Bench and Bar of England, recently pub
lished in BlackVood, says that he made
his court room a perfect inferno IN sum-
mer for counsel practising before him;
and such was his love for high tempera-
,ture that when be was being put into the
furnace to be cremated he was heard to
murmrr, "Ehut that door; there's a
draught." His most lucrative practice
was the argument Of cases before Par
iamentary committees and of Indian APP
peals before the Privy Council, where it
was said a baxrister would not wink at a
solicitor for less than ten guineas. Mr..
Stahan speaks Of his leaving only two
hundred thousand pounds-a million dol
1ars-as If it were a matter of surprise;
although, as he truly says, this would be
thought nothing of in the case Of sue
eessful coal merchant.
Sir Edward Clarke, or his client rather,
was the victim later of far worse abuse
Of Judicial power than that which he suf-
f@ed In the Penge case. This was in DR..
Jameson's case and at the hands Of Lord
Russell of Killowen, the famous Irish
Lord Chief Justice Of England, better
Known in this country as Sir Charles Rus
sell. After the jury had answered several
questions submitted to them by the Lord
Chief Justice, he directed them to find a
verdict Of guiltyi Every lawyer knows
that NO power exists on the part of a
Judge presiding at criminal trial to d.
rect verdict of guilty; he may direct an
acquittal, but never conviction. No
American Judge could remain on the
bench who did such thing; and it is i'm
possible to explain Lord Russell's conduct
in this respect, as he was otherwise an ad-
mirable Judge. Sir Edward Clarke pro-
tested, but he tells us "the Chief would
suffer no interference" The conduct of
the Judge amazed his leading opponent,
Sir Richard Webster, who was then At
toney- General, and his memoirs, pub
lished after he became Lord Chief Justice
himself, under the title of Lord Alver-
stone, contain reference to the incident.
"When the jury had answered the ques-
tions," says Lord Alverstone, Hand the
Lord Chief Justice was in the course OF
directing them to find verdict Of guilty,
Sir Edward Clarke rose and began in a
very firm but respectful manner to claim
that the question of guilty upon the in
dictmenf should be left to the jury. The
Lord Chief Justice declined to hear him
and in fact ordered him to discontinue.
To my surprise, knowing the courage and
experience of my distinguished friend, he
did not continue to press the court, but
gave way to the ruling pronounced by the