s heard him argue with the judges. Nothing consequently
could be more flattering than the evident attention with which they
listened to him, and most properly; for he never threw away a word,
never wandered from the point, and showed on all occasions such a
complete mastery of his facts, and such an exact and extensive knowledge
of the law applicable to them, as not only warranted but required the
best attention of those whose duty it was to decide the case. His manner
was very respectful to the bench, without a trace of servility; and to
those associated with him, or opposed to him, he was uniformly courteous
and considerate. When he had to follow his leader, or even two of them,
he would frequently give quite another tone to the case, a new direction
to the argument, and draw his opponents and the judges after him,
unexpectedly, into the deeper waters of law. He was also distinguished
by a most scrupulous and religions fidelity and accuracy of statement,
whether of cases or facts, and documents, especially affidavits. The
judges felt that they might rely upon every syllable that fell from him;
that he was too accurate and cautious to be mistaken, too conscientious
to suppress, garble, mislead, or deceive, with whatever safety or
apparent advantage he might have done so. I have heard him say, that he
who made rash and ill-considered statements in arguing in a court of
justice, was not worthy of being there, and ought to be pitied or
despised, according as the fault arose from timidity and inexperience,
or confirmed carelessness or indifference, or fraudulent intention to
deceive. It was in arguing before the court _in banc_, that Mr. Smith so
much excelled; being equally lucid in stating and arranging his facts,
logical in reasoning upon them, and ready in bringing to bear on them
the most recondite doctrines of law. He was certainly not calculated to
have ever made a figure at Nisi Prius; yet I recollect one day that one
of the present judges, then a Queen's Counsel, was talking to me in
court as Mr. Smith entered, and said, "What think you? your friend Smith
has been opposing me to-day in a writ of inquiry to assess damages in a
crim. con. case." I laughed. "Ay, indeed,--I thought myself that if
there was a man at the bar more unfit than another for such a case, it
was Smith; but I do assure you that he conducted the defendant's case
with so much tact and judgment, that he reduced my verdict by at least
L500! He really