friends. In a murder case he found that the woman killed
was not the wife of the prisoner but his mistress, which led his
lordship to explain to the prisoner that it might have been some apology
for his crime had the woman been his wife, because there was difficulty
in getting rid of her any other way. But the victim being only his
associate he could have left her at any time, and consequently there
were absolutely no ameliorating circumstances in the case. From this
point of view it would seem to have been (in Lord Moncreiff's eyes) less
criminal to murder a wife than a mistress. In another, a bigamy case,
after referring to the perfidy and cruelty to the women and their
relations, Lord Cockburn reports him to have said: "All this is bad; but
your true iniquity consists in this, that you degraded that holy
ceremony which our blessed Saviour _condescended_ to select as the type
of the connection between him and His redeemed Church."

In the Court of Session, the judges who do not attend or give a proper
excuse for their absence are (or were) liable to a fine. This,
however, is never enforced: but it is customary on the first day of the
session for the absentee to send an excuse to the Lord President. Lord
Stonefield having sent an excuse, and the Lord President mentioning that
he had done so, the Lord Justice-Clerk said: "What excuse can a stout
fellow like him hae?"--"My lord," said the President, "he has lost his
wife." To which the Justice-Clerk replied: "Has he? That is a gude
excuse indeed, I wish we had a' the same."

* * * * *

Lord Cockburn's looks, tones, language, and manner were always such as
to make one think that he believed every word he said. On one occasion,
before he was raised to the Bench, when defending a murderer, although
he failed to convince the judge and jurymen of the innocence of his
client, yet he convinced the murderer himself that he was innocent.
Sentence of death was pronounced, and the day of execution fixed for the
3rd of March. As Lord Cockburn was passing the condemned man, the latter
seized him by the gown, saying: "I have not got justice!" To this the
advocate coolly replied: "Perhaps not; but you'll get it on the 3rd of
March."

Cockburn's racy humour displayed itself in another serious case; one in
which a farm-servant was charged with maiming his master's cattle by
cutting off their tails. A consultation was held on the question of the
man's m