Year: 1879

minutes before order was restored. univ poor SCI
geant Ballantine. who had been counsel 1or the
Claimant, was silent and red Now this had been ,n
Mr. Labouchere's mind from the beginning. lie
most desIrous TO bring 1t out, but he would hot
bring it out on his direct examination; he waited
for the cross-examination-with the chance OF ioS-
ing his effect altogether-for the sake of launching
it direct at his adversary. 1t came as If drawn out
of him, and this method he pursued throughout.
Whatever was most damaging to the plaintiff or the
plaintiffs counsel seemed to be wrung from MI La
bouchere against his will 1t was
as fine art. Throughout the defendants case, may
add the facts were elected with a thoroughness
one does not always see in an English court. MI
Laboucheres leading counsel was Mr. Charles hus-
sell, barrister who has quite lately come 10 tho
front but who may now be reckoned one OF the
leaders of Westminster Hall. But the preparation
for trial depends, in this country largely on the
solicitor and Mr.. George Lewis must divide-not 10
say more-the credit which is due to those con-
cerned in the admirable presentation OF the de-
fendant's case.


SCHOLARLY SUMMING UP.


1t remains 10 be said that the cause was tried ana
summed up by the Lord Chief-JustIcc in style
worthy Of the best days Of the English Bench.
With all his faults Sir Alexander Cockbum Is a
brilliant creature, and his name can never
be omitted from any list of the great
Judges of England. He Is sometimes Thought
impatient. but on tins trial he has been, II any
thug, too patient with the intermlnable eHcur-
sons of counsel and witnesses into all sorts OF by
ways. lie said himself that what most surprised
bin was tie length TO which the hearing had
run on. II is almost always so in an English
court. The judge tolerates things which
would rot be tolerated in the courts / have
known-I mean in Massachusetts, where the
style aud standard of legal practice are probably as
high as anywhere in the world. Here there IS
vast deal of discussion and of testimony which
might be cut short. But nobody seems III hurry
counsel at fifty guineas day least OF all
No forensic display during this trial can be
compared with the work done from the bench.
Sir Alexander Is a picturesque, almost pathetic
figure, in his ermnc robes and snowy wig, with his
refined face and never failing gentlencss of de-
meanor He is plainly master of his own court.
Nobody ventures on liberty with hun. The
most impetuOus counsel is checked i'll moment
by movement of his head. | never once
heard him raise his voice, 10 matter what
storm might be raging beneath him. If he had not
a motto already, he might fairly adopt the famous
quos Go! He possesses in perfection the art OF
sitting the essential facts out of the heap of cha
which has accumulated about them, and of put
ting them to the jury with such cohe-
rent simplicity that the dullest must
comprehend them. He did what neither of the
counsel had done. He arrayed the facts. He made
a statement of them which had proportion ana
form. Mr.. Russell can comment closely on critical
parts of the evidence. He is ingenious and forcl-
ble Mr.. Sergeant Baantine has an instinct
for the weak points of an adversary and OF
a Jury, but his address, as whole,
was q tumble. There was not from beginning
bof, J.. oIlu a nhr
that he had ever read anything but law book. He
was inelegant and often inaccurate. But every
sentence the Chief-Justice uttered showed the
scholar and the man of letters, whose general cul
ture is almost as broad as his knowledge
of law. More admirable still was his dealing
with Robertson's story. In one sense it was not an
impartial summing-up. He had formed strong
opinion of the dishonesty of the plaintiff and he did
not shrink from letting the jury see it, But he
never swerved from the method of alternative
statement which is a tradition of the bench. 1t
was more effective than II he had denounced
Robertson in plain terms With cold judicial
cruelty, with inexorabe sweetness of manner, he
rent him tenderly in twain. He plucked softly
away one by one every rag Cf pretext with which
this unfaithful officer had hidden his shame, and
left his roguerv naked to the jury's vicw


Perhaps may add that Mr.. Labouchere had for
mcrly attacked the Lord Chief-Justce in terms
which, to say the least, would not create prejudice
in his favor have heard it said the Chief-Justice
would remember the fact when this libel case came
before him. But it would be no compliment to
him to say he above remembering 1t. lie
would not he INT to SIT on the bench If he allowed
private feelings to influence him. 1t was plain he
meant justice should be DONE and 1t is certain that
he accomplished what he meant. q. W. S.


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