the jury," were his closing words after an impassioned
address, "the reputation of a cheesemonger in the City of London is like
the bloom upon a peach. Breathe upon it, and it is gone for ever."
Among many apocryphal stories told of expedients by which smart counsel
have gained verdicts, this one respecting a case in which Mr. Justice
Gould was the judge and Erskine counsel for the defendant is least
likely of credit. The judge entertained a most unfavourable opinion of
the defendant's case, but being very old was scarcely audible, and
certainly unintelligible, to the jury. While he was summing up the case,
Erskine, sitting on the King's Counsel Bench, and full in the view of
the jury, nodded assent to the various remarks which fell from the
judge; and the jury, imagining that they had been directed to find for
the defendant, immediately did so.
When at the Bar, Erskine was always encouraged by the appreciation of
his brother barristers. On one occasion, when making an unusual exertion
on behalf of a client, he turned to Mr. Garrow, who was his colleague,
and not perceiving any sign of approbation on his countenance, he
whispered to him, "Who do you think can get on with that d--d wet
blanket face of yours before him."
Nor did he always exhibit graciousness to older members. One nervous old
barrister named Lamb, who usually prefaced his pleadings with an
apology, said to Erskine one day that he felt more timid as he grew
older. "No wonder," replied Erskine, "the older the lamb the more
sheepish he grows."
When he was Lord Chancellor he was invited to attend the ministerial
fish dinner at Greenwich--known in later years as the Whitebait
Dinner--he replied: "To be sure I will attend. What would your fish
dinner be without the Great Seal?"
* * * * *
When a stupid jury returns an obviously wrong verdict the judge must
feel himself in an awkward position; but in such cases--if they ever
occur now--a good precedent has been set by Mr. Justice Maule who, when
in that predicament, addressed the prisoner in these terms:
"Prisoner, your counsel thinks you innocent, the prosecution thinks you
innocent, and I think you innocent. But a jury of your own
fellow-countrymen, in the exercise of such common sense as they possess,
have found you guilty, and it remains that I should pass sentence upon
you. You will be imprisoned for one day, and as that day was yesterday,
you are free to go abou
|