LAWS AND LAWYERS.
A Bold Trick.—The following anecdote serves to exemplify how necessary it is upon any important occasion to scrutinise the accuracy of a statement before it is taken upon trust. A fellow was tried at the Old Bailey for highway robbery, and the prosecutor swore positively that he had seen his face distinctly, for it was a bright moonlight night. The counsel for the prisoner cross-questioned the man so as to make him repeat that assertion, and insist upon it. He then affirmed that this was a most important circumstance, and a most fortunate one for the prisoner at the bar: because the night on which the alleged robbery was said to have been committed was one in which there had been no moon: it was then during the dark quarter! In proof of this he handed an almanack to the bench,—and the prisoner was acquitted accordingly. The prosecutor, however, had stated every thing truly; and it was known afterwards that the almanack with which the counsel came provided, had actually been prepared and printed for the occasion!
Horse Trials.—In the art of cross-examining a witness, Curran was pre-eminent. A clever repartee is recorded of him in a horse cause. He had asked the jockey’s servant his master’s age, and the man had retorted, with ready gibe, “I never put my hand into his mouth to try!” The laugh was against the lawyer till he made the bitter reply,—“You did perfectly right, friend; for your master is said to be a great bite.”
Erskine displayed similar readiness in a case of breach of warranty. The horse taken on trial had become dead lame, but the witness to prove it said he had a cataract in his eye. “A singular proof of lameness,” suggested the Court. “It is cause and effect,” remarked Erskine; “for what is a cataract but a fall?”
Erskine.—On Mr. Erskine’s receiving his appointment to succeed Mr. Dundas, as justiciary in Scotland, he exclaimed that he must go and order his silk robe. “Never mind,” said Mr. Dundas, “for the short time you will want it you had better borrow mine!”—“No!” replied Erskine, “how short a time soever I may need it, heaven forbid that I commence my career by adopting the abandoned habits of my predecessor!”
Erskine is said to have once forgotten for which party, in a particular cause, he had been retained; and, to the amazement of the agent who had retained him, and the horror of the poor client behind, he made a most eloquent speech in direct opposition to the interests he had been hired to defend. Such was the zeal of his eloquence, that no whispered remonstrance from the rear, no tugging at his elbow could stop him. But just as he was about to sit down, the trembling attorney put a slip of paper into his hands. “You have pleaded for the wrong party!” whereupon, with an air of infinite composure, he resumed the thread of his oration, saying, “Such, my lord, is the statement you will probably hear from