Gambar halaman
PDF
ePub

Panza seem combined. He hits the metaphysical propensities of Baron Smith,* with a distinction, in which it would

-

blandest manner, and with his sweetest smile, interjected, " And, sometimes, I believe, Mr. Bethell, for the half-crown!". On the subject of taking less than the regulation fee or honorarium, I recollect an illustration or two. Fitz gibbon, father of Lord-Chancellor Clare, was a lawyer in good practice, and very fond of money. A client once brought him a brief and fee, that he might personally apologize for the smallness of the latter. Fitzgibbon, muttering that they should have intermediately reached h m through the hands of an attorney, took both -but looked most gloomily on the very limited amount of the fee. The client sorrowfully admitted the cause for discontent, but added, that it was "all he had in the world.". "Well, then," said Fitzgibbon, "as that's the case, and you have no more, why, I must-take it." Which he did, no doubt.-To match this, there is an anecdote of a certain Mr. Sergeant Cockle, of the English bar, who was accused of the grave offence of having taken a half fee, and even of having accepted part of the money in the copper coin of the realm. The charge duly came before the bar-mess for adjudication, and was fully sus tained by evidence. In defence, Cockle briefly said: "It is quite true that I took half a guinea, where the fee should have been a guinea, and that it was made up of a crown-piece, four shillings, two sixpences, and sixpence in copper." There was a great sensation on this confession of the charge. But Cockle went on: "But, gentlemen, before I took the money, I ascertained it was the last farthing the poor devil had, and I appeal to the honorable profession, whether, under such circumstances, taking his last penny from him, I was not quite justified, and have maintained the character of the bar?" It was unanimously agreed that he had done all that a lawyer could do, in such a case, and, honorably acquitting Cockle, the bar-mess inflicted the fine of a basket of claret upon his accuser-the grand rule at all mess-trials being that somebody must be mulcted in the generous juice of the grape!-How different is this merely professional acquisitiveness from the generous feeling of the sailor at Gibraltar, during the early and warlike years of the present century. Landing at "the Rock," with his comrades, all agreed, having plenty of money, that it would be suitable and creditable for each to purchase a goldlaced cocked-hat. On reassembling at night, one man had a silver-laced hat and was immediately denounced (with a promise of early cobbing, when they were on board) as a shabby fellow. His protest had all the energy of truth. "Messmates," said he, "I scorn the charge. When I went to the man who sells the gold-lacers, I found that he had not one left. So, I took this silverlacer, but paid him for it all as one as if 'twere gold." Of course, Jack was honorably acquitted.· M.

-

* Sir William Cusack Smith, one of the Barons of the Exchequer in Ireland, was a remarkable man. He was born in January, 1766, and died in August, 1836, in his seventy-first year. His father, Sir Michael Smith, was a great lawyer, and finally became Master of the Rolls. The younger Smith studied at Oxford, and there obtained the friendship of Edmund Burke, at whose

66

[blocks in formation]

have puzzled St. Thomas Aquinas, without the aid of inspira-
tion, to detect a difference: when every other argument has
failed with Baron M'Cleland, he tips him the wink, and point-
country-house, in a neighboring county, he passed all his leisure. In 1788, he
was called to the Irish bar, and soon after became Doctor of Civil Law, to
qualify him for practice in the Ecclesiastical Courts. In 1795, Mr. William
Smith was made king's counsel, and entered Parliament in the same year. He
strenuously supported the Union, not only by his votes and speeches, but as a
pamphleteer. In 1800, he was made Solicitor-General, and in 1802, when his
father, who then was a puisne Baron of the Exchequer, was raised to the higher
dignity of Master of the Rolls (the second equity Judge in Ireland, and not
removable as the Chancellor is, on a change of ministry), the younger Smith
succeeded him. In 1808, by his father's death, he succeeded to the baronetcy.
Sir William Smith, who had studied in the school of Burke, was what is called
'an old whig," and strongly advocated the justice and policy of Catholic
Emancipation. When this was granted, and the Repeal agitation followed,
Sir William Smith denounced it as impolitic, ungrateful, and illegal. Up to
that time, he had been in high favor with the Catholic leaders. But, in Feb-
ruary, 1834, Mr. O'Connell moved that the House of Commons should appoint
a Committee to inquire into Sir William Smith's judicial conduct― mainly
complaining that, in his charges to grand-juries at the Assizes, he largely in-
troduced political subjects, and that his habits were singularly at variance with
what ought to be the habits of a judge. It was stated by Mr. O'Connell (and
not denied) that Baron Smith commonly came into the Court about half-past
twelve at noon-1 that he thus delayed the despatch of business-that, at Ar-
magh, he had tried fourteen prisoners between six o'clock in the evening and
six in the morning-that one of these trials had actually commenced long
after midnight, and that his whole course was irregular. This primâ-facie case
against Baron Smith was so strong, that (the whig ministry siding with Mr.
O'Connell) the motion for inquiry was carried by a majority of 167 to 74. A
week after, however, Mr. Peel and his party reopened the question, defended
Baron Smith, accused O'Connell of personal and vindictive motives, and pro-
posed that the vote for inquiry be rescinded--which was done, by a majority
of 165 to 159. There is no doubt that Baron Smith's habits had latterly be
come very eccentric. As a judge he was impartial, and was humane even to
a fault. He had a horror of sentencing a culprit to death, and "leant to mer-
cy's side" on the trial of all capital offences. He was attached to letters, and
published several pamphlets, chiefly on politics, which are forgotten. He also
was author of an examination of the Hohenloe miracles. The only work by
which he is likely to be remembered as an author, is a singular production
called " Metaphysical Rambles."-- His second son, Thomas Berry Cusack
Smith, Attorney-General under the Peel administration, conducted the O'Con
nell State Trials in 1844. He is now (1854) Master of the Rolls, as his grand-
father was, and completes the singular instance of three out of one family having
successively worn the ermine.-M.

1

ing with his thumb to the opposite attorney, suggests the merits of the client, by a pantomimic reference to those of his representative; and with the same spirit of exquisite adaptation, plunges into the darkest abysses of black-letter erudition with Baron Pennefather, and provokes his Lordship into a citation from the Year-books (which excruciates the ears of Mr. Furlong) in Tipperary French.

Mr. O'Loghlin is a native of Clare. I had at first, and before I had made more minute inquiries, conjectured, from the omega in his name, that he must be lineally descended from some of the ancient monarchs of Ireland, or be at least collaterally connected with one of the Phenician dynasties. Upon investigation, however, I discovered that "the big 0," the celebrated object of royal antipathy, was but a modern annexation; and that, as I have already intimated, Mr. O'Loghlin

*The late Sir Michael O'Loghlin, it is scarcely too much to say, was one of the best judges that Ireland ever possessed. Able, acute, clear-headed, and thoroughly just, he towered above his fellows. He was born in October, 1789, and though he had immense practice at the bar, was excluded by his religion (he was a Catholic) from obtaining professional preferment as early as he deserved it. When the liberals came into power, after the granting of Emancipation, his talents obtained due recognition. He was made third Sergeant in 1831; second Sergeant in 1832; Solicitor-General in 1834; Attorney-General in 1835; and was made one of the Barons of the Exchequer in 1836being, I think, the first Catholic judge for one hundred and fifty years. On the Bench he maintained and, if possible, increased the reputation he had won at the bar. All parties and all creeds honored and respected the upright judge, and the urbane and accomplished gentleman. There was a general feeling of gratification, at the bar, and among the public, when, in 1837, he was raised to the dignity of Master of the Rolls. In this capacity, he showed the great grasp of his mind, for, though his bar-practice had chiefly been at common law, his decisions in equity were irrefragable. In 1838, he was created a Baronet. Sir Michael O'Loghlin died, September, 1842, aged fifty-three. The legal profession of Ireland, who knew his value, raised a large sum for the purpose of erecting a monument to perpetuate their sense of his worth. It has been erected, and consists of his statue, by M'Dowall (an Irish artist), which is appropriately placed in the Hall of the Four Courts, Dublin the only other statue in that suitable situation being one of Justice, toward which it looks. Sir Coleman O'Loghlin, educated at London University, and called to the Irish bar in 1840, is eldest son of the late Master of the Rolls, and has already obtained a high reputation. He was employed for the defence, in the State Trials of 1844 and 1848, and acquitted himself with great distinction.- M.

HIS DANISH ANCESTOR.

117

is of a Danish origin. It has often been observed that the face of some remote progenitor reappears, after the lapse of centuries, in his progeny; and in walking through the halls of ancient families, it is surprising sometimes to see, in the little boy who whips his top beside you, a transcript of some old warrior who frowns in armor on the mouldering canvass above your head. There is preserved among the O'Loghlins a picture of their ancestor. He was a captain in the Danish navy. The likeness of this able cruiser off the Irish coast to the Counsellor is wonderful. He was a small, square, compact, and active little fellow, with great shrewdness and intelligence of expression. Domestic tradition has preserved some traits of his character, which show that the mind, as well as the face, can be preserved during ages of unimpaired transmission to the last. He was remarkable for his skill as a navigator. Not a pilot in all Denmark worked a ship better. He sent his light and quick-sailing galley through the most intricate quicksands. His coolness and self-possession never deserted him, and in the worst weather he was sure to get into port. He generally kept close to the shore, and seldom sailed upon desperate adventures. Remarkable for his talent in surprising the enemy, and stealing into their creeks and harbors, he would unexpectedly assail them, and carry some rich prize away. The descendant of this eminent cruiser works a cause upon the same principles as his ancestor commanded a ship. He holds the helm with a steady and skilful hand, and shifts his sails with the nicest adaptation to every veering circumstance that occurs in his course. Sometimes, indeed, he goes very close to the wind, but never misses stays. I scarcely ever saw him aground. He hits his adversary between wind and water, and, when he lies most secure, sails into his anchorage, boards, and cuts him out. It is not, therefore, to be wondered at, that he is in as great practice in the Hall as his forefather was upon the ocean, of whom it is recorded that he—

"Pursued o'er the high seas, his watery journey,
And merely practised as a sca-attorney."

FRANCIS BLACKBURNE.

I AM one of those whose political information is derived from a perusal of "The Weekly Register,"* through the ample columns of which I disport myself upon Saturday evening, and refresh myself with news much older than the beverage with which I raise my spirit to the proper pitch of patriotism, in order to wash down the eloquence of the Catholic Association. While others busy themselves in political anticipations, and leave Time panting and toiling after them, I follow him at a distance, and am contented if, upon the eve of the Sabbath, I can collect enough of news to join in the discussions of divers Popish counsellors, who assemble at half past one o'clock to offer their devotions to "our Lady of Carmel,” under the auspices of Mr. L'Estrange, in the avenues of Clarendonstreet Chapel. In this sacred spot, just after benediction, one may observe a certain convocation of politic lawyers with huge prayer-books, bound in green morocco, under their arms. After years of hebdomadal employment, the golden pages these holy volumes look as bright and fresh as when they issued from the burnishing hands of the bookseller to Maynooth College, and bear evidence of the care which the pious

[ocr errors]

of

A newspaper of great influence in those days (1827) and for twenty years after. It sided with Mr. O'Connell through the great struggle for Emancipation, and the various efforts to obtain Repeal, by means of a Parliamentary enactment. When Mr. Duffy, in The Nation, and Mr. John Mitchel, in The United Irishman, advocated the bolder policy of force (argument having whol ly failed) the Weekly Register, which was opposed to physical force, fell to the ground.-M.

« SebelumnyaLanjutkan »