ulprit making a
low bow, and giving a deep sigh, replied, "Oh, my lord, they are all
hanged but your lordship and I."
We have already given examples of personalities in the retorts of
counsel upon members of the Bench, and if the same derogatory reflection
can be traced in the two following anecdotes of judges' retorts on
counsel, it is at least veiled in finer sarcasm. A nervous young
barrister was conducting a first case before Vice-Chancellor Bacon, and
on rising to make his opening remarks began in a faint voice: "My lord,
I must apologise--er--I must apologise, my lord"--"Go on, sir," said his
lordship blandly; "so far the Court is with you." The other comes from
an Australian Court. Counsel was addressing Chief Justice Holroyd when a
portion of the plaster of the Court ceiling fell, and he stopping his
speech for the moment, incautiously advanced the suggestion, "Dry rot
has probably been the cause of that, my lord."--"I am quite of your
opinion, Mr. ----," observed his lordship.
On the other hand, judges can be severely personal at times, and Lord
Justice Chitty was almost brutal in a case where counsel had been
arguing to distraction on a bill of sale. "I will now proceed to address
myself to the furniture--an item covered by the bill," counsel
continued. "You have been doing nothing else for the last hour,"
lamented the weary judge.
And Mr. Justice Wills once made a rather cutting remark to a barrister.
The barrister was, in the judge's private opinion, simply wasting the
time of the Court, and, in the course of a long-winded speech, he dwelt
at quite unnecessary length on the appearance of certain bags connected
with the case. "They might," he went on pompously, "they might have been
full bags, or they might have been half-filled bags, or they might even
have been empty bags, or--."--"Or perhaps," dryly interpolated the
judge, "they might have been wind-bags!"
* * * * *
[Illustration: HENRY BROUGHAM, BARON BROUGHAM AND VAUX, LORD
CHANCELLOR.]
When Lord Brougham attained the position of Lord Chancellor he was
greatly addicted to the habit of writing during the course of counsel's
argument of the case being heard before him. On one occasion this
practice so annoyed Sir Edward Sugden, whenever he noticed it, that he
paused in the course of his argument, expecting his lordship to stop
writing; but the Chancellor, without even looking up, remarked, "Go on,
Sir Edward; I
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