5GS BENCH AND BAR. W. & S. Ltd., London. Negatiue by FradeUe & Young, 246, Regent Street. The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028345159 BENCH AND BAR REMINISCENCES ONE OF THE LAST OF AN ANCIENT RACE BY MR. SERJEANT ROBINSON IN ONE VOLUME LONDON: HURST AND BLACKETT, LIMITED, 13, GREAT MARLBOROUGH STREET. 1889. All Rights Reserved. /^ ZlSS — CONTENTS. CHAPTEK I. Introductory 1 Popularity of Autobiography—An uneventful Life—Half-a- century's Experience of an Interesting Profession—The Common Law Bar—The Circuits—Daily Mess—The Long Vacation—Leave- taking—A retentive Memory—Short-hand Journal—Old Nick the Patron Saint of Lawyers—An Italian Legend— Serjeant Ballantine —Sir Boyle Koche. CHAPTER II. Becoming a Law STUbENT 12 Entering as a Student—Inns of Court—Other Inns—Serjeants' Inn—Certificate of Respectability—A very short Examination The next Step—Two Sureties—Keeping Terms—Eating Dinners The Temple—Mr. Justice Maule—Temple Church—The Old Hall of the Inner Temple—Middle Temple Library—The new Chambers —Queen Elizabeth and Sir Christopher Hatton—An old Custom Four men to a Mess—Our Rations—Small Sirloins—After Dinner —A Row on the River—Grand Week—Lords Eldon, StoweU, and Wynford—The Temple Stairs. CHAPTER III. With a Special Pleader 24 Looking out for a Pedagogue—The Special Pleader—His Fees —A Long Chancery Suit—My friend Nichols—A Judge of the In- A VI CONTENTS. solvent Court—No Retiring Pension—Registrar in Bankruptcy— County Court Judge—A Bachelor to the End—Lord Westbury. CHAPTER IV. Called to the Bar 30 a CaUed to the Bar—Rejection of Mr. Daniel Whittle Harvey, the City Solicitor—The ceremony of being Called—Taking Oaths —I become a Barrister- at-Law—Choosing a Circuit—Expenses of Going on Circuit—Anecdote—The Home Circuit—Deference to Authority formerly—Notoriety and Distinction—Etiquette of the Bar—Walking to Circuit Towns—Rule as to Lodgings—Selecting a Sessions. CHAPTER V. The Old Bailey 37 The Central Criminal Court—Barristers and Attorneys of the Period—Samuel Warren's ' Ten Thousand a Year '—^Alderman Har- mer—The Weekly Dispatch—The Morals of the Public and the Press—Black Sheep among Lawyers—Baron Huddleston acts as Interpreter—The Oxford Circuit—Serjeant BaUantine's Reminis- cences—Serjeant "Arabin—A Discreditable state of Things—The Clerks of the Court—The drinking Habits of the Time—The Recorder—Alderman Wire—The Common Serjeant— Charles PhOlips —Lord Brougham—Serjeant Byles. CHAPTER yi. Trial for Murder 57 The Murder of Lord William Russell—Spectators in the Old Bailey Dock—Betting on the "Verdict—The Prisoner Confesses Baron Parke—A brilliant Defence—Lord Chief Justice Tindal—The Death Sentence—Mrs. Manning—Dr. Dodd—Phillips—Adolphus Curwood—Serjeant Ballantine—The Tichborne Case—Lush and Shea —Bodkin and Clarkson—Justice Williams—Baron Huddleston Sir John Jervis—Serjeant Byles—Thomas Southgate and Joshua Williams, Q.C.'s—Sale of Serjeants' Inn—Sir__Richard Frederick. — CONTENTS. VII CHAPTER VII. Some of my Contemporaries .... 85 Serjeant Wilkina—Alderman Kelly—A Scarecrow becomes a Famous Barrister—Serjeant Wilde— Wilkins as an Orator—Like Charles Phillips—A Nonsuit—Rivalry at the Bar—Advisability of beginning a Legal Career when Young—Serjeant Parry—Alders- gate Institution—Lord Brougham—Parry begins Practice at the Central Criminal Court—An Attack of Paralysis—A Singular Coincidence—A Piteous Sight—The Lord Chancellor (Lord Hals- bury) —Kussell Gurney—The Eecordership of London. CHAPTER VIII. The Bench and the Bar 95 A Barrister's first Brief—Nervousness—Sensitiveness the Ac- companiment of Genius—Justice Watkin Williams—Anecdote Sir George Jessel, the Master of the Eolls—Anecdote—Singular Example of Nervousness—Tom Jones—His Sayings—Lord Chief Justice Cockburn—The Northern Circuit—Baron Martin—Sir John Karslake—Avory—Baron Martin's liking for Horse- racing—^His Deafness—The Dean of Winchester—Serjeant Sleigh—Frank Tal- fourd—The Object of all Trials—A curious Case. CHAPTER IX. Sir William Maule 120 Sir William Maule—His Witty and Humorous Sayings—A Great Novel-Reader—Deafness a Common Weakness among Judges —Anecdotes of Maule—An Action for Slander—Charnock—The ' Umbrella Case '—Charnock's Smartness—A Coiner in the Dock Maule on Divorce—A Forcible Bit of Satire—Crowder—Maule and Baron Parke. CHAPTER X. Samuel Warken 142 Samuel Warren—His Vanity—Prince Albert as a Plaintiff Sir Henry Davison—Lord and Lady Lyndhurst—Davison's Joke at ——A VIIX CONTENTS. Warren's Expense— VVais-en appointed Recorder of Hull—Charles Dickens—Thesiger's Wit—Warren's Serenity—Scott, the Reporter of Common Pleas Cases—Warren is led to Confess the Authorship of his Novels. CHAPTER XI. A Short Chapter 153 Sir Nicholas Conyngham Tindal—Lord Tenterden—Anecdote A Roaring Barrister—Sir Mordaunt Wells—Sir John Campbell Baron Gurney. CHAPTER XII. Beards and Dress 159 Beard and Moustache—Wearing Them a Dreadful Offence For- — ' merly—Solemn Inquiry on the Subject ' Soup —Ladies Favour Beard and Moustache—Beard and Moustache come into Fashion among Barristers with the Volunteer Movement—Judges stiU Refuse to Wear Them—Beards in the Reign of Queen Elizabeth— Ghastly Barber—Wig and Gown—Fashion in Dress—At the Queen's Drawing- Room—Anecdote — Hair Powder— Anecdote. CHAPTER XIII. Sir William Follett 171 Sir William FoUett—His Appearance and Qualifications—Sense- less Litigation—FoUett's clever Speech—An aspiring Junior—What is Truth?—The Object of Life—Is Mankind growing Better? Follett and Maule—Anecdote of Maule. CHAPTER XIV. Mr. Benjamin, Q.C 187 Mr. Judah Benjamin—His stormy Career— He quits America Is Called to the English Bar—His Qualifications—He Practices ——' CONTENTS. IX for Seventeen Years—His Retirement—A Banquet in his Honour bearing his End—MonsieurBerryer—Lord Selborne—Lord Brougham —A Barrister's duty to his Client— Lord Chief Justice Cockburn's opinion on the Subject. CHAPTER XV. Lords Cockburn and Campbell . 195 Lord Chief Justice Cockburn—Serjeant Ballantine's opinion of Him— Cockburn's Fairness—Demeanour of the Bench towards the Bar—Cockburn's Amiability—Lord Campbell—Envious of Lord Brougham—Edwin James—Lord Blackburn—^The distribution of Patronage—Sir Colley Scotland—Lord Lyndhurst. CHAPTER XVI. Mk. Edwin James 206 Edwin James—A remarkable Man—An extensive Practice—In — — Parliament—His Hangers-on ' James II.' ' The Young Pre- tender ' —The Beginning of the End—James is Dismissed from the Bar—He goes to America—Is a Failure in the United States—He returns to England—Becomes Clerk to an Attorney—A Ludicrous Incident concerning James and Hawkins—Richard and Arthur Corner—Chief Justice at the Gold Coast—Chief Justiceship of Honduras. CHAPTER XVII. ' Good Old Times'—Lord Brougham—Education 217 Lord Brougham—First Reform BiU—Queen Caroline—Her Funeral—Canning—The Masses and the Classes—Socialism Before the Days of Railways—Slow Travelling—The ' Old Charlies —Hackney Coaches—The Old Postman with his BeU—Dear Postage —Flint and Steel—The Tinder-Box—The old Matches—The Snuffers ."vnd Tray —Introduction of Lucifer Matches—Lord Brougham and Eviucation—Sir Edward Sugden : Lord St. Leonards—Lord Melbourne —lord Cottenham—Chelmsford Jail—Education and the School Board— The Society for the Diifusion of Useful Knowledge. ——A X CONTENTS. CHAPTEE XVIII. Serjeant Murphy 234 Serjeant Murphy—A Wit among Lawyers, and a Lawyer among Wits—Nephew of an Irish Bishop—Popular at the Reform Club Soyer the Chef—Maflam Soyer—Anecdotes of Murphy—Samuel Warren—Raines, Martin, and Sir Gregory Lewis. CHAPTEE, XIX. Lord Westbury 239 Lord Westbury—My Friend Nichols Accepts the Registrarship in Bankruptcy at Manchester—George Harris—Trafford—Serjeant Hayes—Justice Willes— Serjeant Ballantine's Opinion of Him Motion Days in the Court of Appeal—Chief Justice Erie—West- bury a staunch Churchman —Westbury's Cynicism—Merrywether, Q.C.—A Sayer of Smart Things. CHAPTEE XX. Serjeant Adams 251 Jack Adams—Arabin—The Name of Smith—Lord Campbell The First paid Assistant Judge at the Middlesex Sessions—He is Addressed as 'My Lord'—Lord Denman—Anecdotes of Adams His smart Sayings—Sir William Bodkin—Joseph Payne : ' Tom ' — Paine —His Interest in Ragged Schools ' A most Worthy Being,' but a Severe Judge—Anecdote of the late Earl of Carlisle and Archbishop Whateley. CHAPTEE XXI. Legal Procedure 264 Sir John Karslake—Legal Procedure—Lord Waterpark— Murder Case—A Legal Technicality Saves the Neck of the Murderer —The Earl of Cardigan Tried for Attempted Murder —Trifling with Justice—Lord Nottingham—The Statute of Frauds—Voltaire's Opinion of Law—What Selden Says—Equity—Litigation as a Pleasure—Baron Parke—His Fondness for Ancient Law—Serjeant Hayes's Skits—Serjeant Miller—Anecdote —English Juries and French Juries. — CONTENTS. XI CHAPTEE XXII. Process of Taking the Coif .... 290 Serjeant-at-Law—The Origin of the Coif—Serjeant Allen and Sir Henry Keating, Q.C.—Anecdote—The Position of Q.C. —Lord Bacon, the first Q.C.—Sir Thomas North, Lord Guildford—Dif- ference between a Q.C. and a Serjeant—Number of Q.C.'s—List of Serjeants-at-Law now Alive—Lord Westbury—Lord Cairns The Ceremony of making a Serjeant—Entrance Fees—Dining—Bar- risters' Clerks. CHAPTER XXIII. Serjeants' Inn— Conclusion .... 308 Symposia at Serjeants' Inn—The Banquetting Hall—The Round Table—Serjeant Cox—His Generosity—The sale of Serjeants' Inn —Sir Robert Collier: Lord MonksweU—Mr. Gladstone—'The Colliery Explosion '—The Ewholme Rectory Scandal—The Last of the Serjeants—Smithfleld Fair—Turnpike Gates—The Press Gang — ' —Serjeant Busfuz—Dickens ' Pickwick —Paganini—A Few last Words. Index 323 BENCH AND BAR. CHAPTER I. INTRODUCTORY. Popularity of Autobiography—An uneventful Life—Half-a-century's Experience of an Interesting Profession—^The Common Law Bar—The Circuits—Daily Mess—The Long Vacation—Leave- taking—A retentive Memory—Short-hand Journal—Old Nick the Patron Saint of Lawyers—An Italian Legend— Serjeant Ballantine— Sir Boyle Roche.