you--do you
hear!--don't you hear?--Good----will nobody tell her that I don't mean
to hang her?"

One of the humorous aspects of a repulsive subject is seen in the
curiosity and fastidiousness of prisoners on trial for capital offences
with regard to the professional _status_ of the judges who try them. A
sheep-stealer of the old bloody days liked that sentence should be
passed upon him by a Chief Justice; and in our own time murderers
awaiting execution, sometimes grumble at the unfairness of their trials,
because they have been tried by judges of inferior degree. Lord Campbell
mentions the case of a sergeant, who, whilst acting as Chief Justice
Abbott's deputy, on the Oxford circuit, was reminded that he was 'merely
a temporary' by the prisoner in the dock. Being asked in the usual way
if he had aught to say why sentence of death should not be passed upon
him, the prisoner answered--"_Yes; I have been tried before a journeyman
judge._"

CHAPTER XL.

HUMOROUS STORIES.

Alike commendable for its subtlety and inoffensive humor was the
pleasantry with which young Philip Yorke (afterwards Lord Hardwicke),
answered Sir Lyttleton Powys's banter on the Western Circuit. An amiable
and upright, but far from brilliant judge, Sir Lyttleton had a few pet
phrases---amongst them, "I humbly conceive," and "Look, do you
see"--which he sprinkled over his judgments and colloquial talk with
ridiculous profuseness. Surprised at Yorke's sudden rise into lucrative
practice, this most gentlemanlike worthy was pleased to account for the
unusual success by maintaining that young Mr. Yorke must have written a
law-book, which had brought him early into favor with the inferior
branch of the profession. "Mr. Yorke," said the venerable justice,
whilst the barristers were sitting over their wine at a 'judges'
dinner,' "I cannot well account for your having so much business,
considering how short a time you have been at the bar: I humbly conceive
you must have published something; for look you, do you see, there is
scarcely a cause in court but you are employed in it on one side or the
other. I should therefore be glad to know, Mr. Yorke, do you see,
whether this be the case." Playfully denying that he possessed any
celebrity as a writer on legal matters, Yorke, with an assumption of
candor, admitted that he had some thoughts of lightening the labors of
law-students by turning Coke upon Littleton into verse. Indeed, he
confessed that h