presided at many important political criminal trials
about the year 1793-4, such as those of Muir, Palmer,
Skirving, Margarot, Gerrold,
etc. He conducted
these trials with much ability and great firmness,
occasionally, no doubt, with more appearance of severity
and personal prejudice than is usual with the judges
who in later times are called on to preside on similar
occasions. The disturbed temper of the times and
the daring spirit of the political offenders seemed,
he thought, to call for a bold and fearless front
on the part of the judge, and Braxfield was the man
to show it, both on the bench and in common life.
He met, however, sometimes with a spirit as bold as
his own from the prisoners before him. When Skirving
was on trial for sedition, he thought Braxfield was
threatening him, and by gesture endeavouring to intimidate
him; accordingly, he boldly addressed the Bench:—“It
is altogether unavailing for your Lordship to menace
me, for I have long learnt not to fear the face of
man.” I have observed that he adhered to
the
broadest Scottish dialect. “Hae
ye ony coonsel, man?” he said to Maurice Margarot
(who, I believe, was an Englishman). “No,”
was the reply. “Div ye want to hae ony
appinted?” “No,” replied Margarot;
“I only want an
interpreter to make me
understand what your Lordship says.” A
prisoner, accused of stealing some linen garments,
was one day brought up for trial before the old judge,
but was acquitted because the prosecutor had charged
him with stealing shirts, whereas the articles stolen
were found to be shifts—female apparel.
Braxfield indignantly remarked that the Crown Counsel
should have called them by the Scottish name of
sarks,
which applied to both sexes.
Braxfield had much humour, and enjoyed wit in others.
He was immensely delighted at a reply by Dr. M’Cubbin,
the minister of Bothwell. Braxfield, when Justice-Clerk,
was dining at Lord Douglas’s, and observed there
was only port upon the table. In his usual off-hand
brusque manner, he demanded of the noble host if “there
was nae claret i’ the castle.” “Yes,”
said Lord Douglas; “but my butler tells me it
is not good.” “Let’s pree’t,”
said Braxfield in his favourite dialect. A bottle
was produced, and declared by all present to be quite
excellent. “Noo, minister,” said
the old judge, addressing Dr. M’Cubbin, who was
celebrated as a wit in his day, “as a fama
clamosa has gone forth against this wine, I propose
that you absolve it,”—playing
upon the terms made use of in the Scottish Church
Courts. “Ay, my Lord,” said the minister,
“you are first-rate authority for a case of civil
or criminal law, but you do not quite understand our
Church Court practice. We never absolve till
after three several appearances.” The
wit and the condition of absolution were alike relished
by the judge. Lord Braxfield closed a long and
useful life in 1799.