About the payments there was no element of extravagance, but there were undoubtedly many cases of payment, and these were alleged to be illegal.
Ballantine was my junior. One of the curious matters in the case was that these payments had been principally made by, or under, the advice of my old friend, whom I cannot mention too often, the Hon. Robert Grimston.
Ballantine, as I thought, most injudiciously advised me not to call “that old fool;” but believing in Grimston, and having charge of the case, I resolved to call him. Baron Martin knew Grimston as well as I did, and believed in him as much.
“Who is this?” asked the Judge.
“Another bill-sticker, my lord.”
Grimston gave his evidence, and was severely cross-examined by my friend, J. Fitzjames Stephen. He fully and satisfactorily explained every one of the questioned items, evidently to the satisfaction of Martin, who dismissed the petition, and thus Mr. Smith retained his seat.
The learned Judge said, in giving judgment, that without Grimston’s evidence the seat would have been in great danger, but that he had put an innocent colour on the whole case, and that, knowing him to be an honourable man and incapable of saying anything but the truth, he had implicitly trusted to every word he spoke.
Mr. Smith, whom I met some days after, said he was perfectly assured that if I had not had the conduct of the case, and Grimston had not been called, his seat would have been lost.
In the petition against Sir George Elliot for Durham there was nothing of any importance in the case, except that Sir George gave a very interesting history of his life.
He had been a poor boy who had worked in the cutting of the pit, lying on his back and picking out from the roof overhead the coal which was shovelled into the truck. From this humble position literally and socially he had proceeded, first to his feet, and then step by step, until, from one grade to another, he had amassed a large fortune, and sufficient income to enable him to incur, not only the expenses of an election and a seat in Parliament, but also those of a bitterly hostile election petition, enormously extravagant in every way. I succeeded in winning his case, and never was more proud of a victory. It had lasted many days.
There is one matter almost of a historical character, which I mention in order to do all the justice in my power to a man who, although deserving of reprobation, is also entitled to admiration for the chivalry of his true nature. I speak of it with some hesitation, and therefore without the name. Those who are interested in his memory will know to whom I allude, and possibly be grateful for the tribute to his character, however much it may have been sullied by his temporary absence of manly discretion.