aid, a clever, self-composed person, who spoke confidently as to
seeing the defendant in bed with her mistress. Dunning, on rising to
cross-examine her, first made her take off her bonnet, that they might
have a good view of her face, but this did not discompose her, as she
knew she was good-looking. He then arranged his brief, solemnly drew up
his shirt sleeves, and then began: "Are you sure it was not your master
you saw in bed with your mistress?"--"Perfectly sure."--"What, do you
pretend to say you can be certain when the head only appeared from the
bedclothes, and that enveloped in a nightcap?"--"Quite certain."--"You
have often found occasion, then, to see your master in his
nightcap?"--"Yes--very frequently."--"Now, young woman, I ask you, on
your solemn oath, does not your master occasionally go to bed with
you?"--"Oh, that trial does not come on to-day, Mr. Slabberchops!"
replied the witness. A loud shout of laughter followed, and Lord
Mansfield leaned back to enjoy it, and then gravely leaned forward and
asked if Mr. Dunning had any more questions to put to the witness. No
answer was given, and none were put. The same counsel, when at the
height of his large practice at the Bar, was asked how he got through
all his work. He replied: "I do one-third of it; another third does
itself; and I don't do the remaining third."
A witness under severe cross-examination by Serjeant Dunning was
repeatedly asked if he did not live close to the Court. On admitting
that he did, the further question was put, "And pray, sir, for what
reason did you take up your residence in that place?"--"To avoid the
rascally impertinence of dunning," came the ready answer.
A barrister's name once gave a witness the opportunity to score in the
course of a severe cross-examination. Missing was the leader of his
Circuit and was defending his client charged with stealing a donkey. The
prosecutor had left the donkey tied up to a gate, and when he returned
it was gone. "Do you mean to say," said counsel, "the donkey was stolen
from the gate?"--"I mean to say, sir," said the witness, giving the
judge and then the jury a sly look, at the same time pointing to the
counsel, "the ass was missing."
* * * * *
Mr. Clarke, a leader of the Midland Circuit, was a very worthy lawyer of
the old school. A client long refusing to agree to refer to arbitration
a cause which judge, jury, and counsel wished to get rid of, he at
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