of two adversaries, in one cause. Mirror of Justices, chap. 2, sect. 5.

[25] "It is impossible to state a case, in which a witness should be
treated roughly. If you attempt it, every one feels offended, in the
person of the witness. You make your work more difficult; the witness
shuts himself up, considers you as his enemy, and stands upon his
defence: whereas, an open countenance, and an easy insinuating address,
unlocks his breast, and disarms him of his caution, if he has any."
Deinology, 228. This admirable little work, which has been attributed to
the pen of Lord Erskine, cannot be too highly recommended to the student
of law. The postscript, which suggests considerations on the _viva voce_
examination of witnesses, is particularly worthy a very attentive
perusal.

[26] Preston on Estates, 2.

[27] Co. Litt. 71 _a._

[28] Ibid. 6 _a._

[29] Art. Edward Tilghman, in the Encyclopaedia Americana, vol. xiv; The
Leaders of the Old Bar of Philadelphia, 50. Let me recommend to the
attention of the student a curious and interesting work, entitled "An
introduction to the science of the law, showing the advantages of a
legal education, grounded on the learning of Lord Coke's Commentaries,
upon Littleton's Tenures, &c., by Frederick Ritso, Esq." There are few
works of celebrity, in regard to which such opposite opinions have been
maintained as the Commentaries of Sir William Blackstone. While some
have expressed the most enthusiastic admiration, there have been others,
like Mr. Austin, Professor of General Jurisprudence, in the University
of London (Outlines of Lectures, 63), who have dealt in language of
unsparing condemnation and contempt. Mr. Ritso thinks that "the error
was in adopting them as an institute for the instruction and education
of professional students, which was evidently no part of Blackstone's
plan, nor within the scope of his engagement." In this point of view, he
objects, that "he represents everything rather for effect, than with a
view to demonstrate. Like the gnomon upon the sun-dial, he takes no
account of any hours, but the serene:

Et quae,
Desperat tractata nitescere posse, relinquit.

In a professional point of view, this solicitude rather to captivate the
imagination of the student, than to exercise and discipline the
understanding, is equally unprofitable and inconvenient. It puts him off
with ornamental illustration, instead of solid argument, an