mately amended at a fearful cost, all expenses previously incurred being, of course, thrown away. Before the cause had become ripe, however, for trial, the plaintiff died; the defendant, a foreign merchant, fell into embarrassed circumstances; and the executors of the plaintiff recovered nothing. The slip in the declaration had been made by the junior counsel, a consummate pleader, whose large practice occasioned him to draw the declaration, which was long and intricate, in too much haste.*

SUMMARY DECISION.

MR. BROUGHAM, when at the bar, opened before Lord Chief Justice Tenterden, an action for the amount of a wager laid upon the event of a dog fight, which, through some unwillingness of the dogs or men, had not been brought to an issue. "We, my Lord," said the advocate, 66 were minded that the dogs should fight." "Then I,” replied the judge, "am minded to hear no more of it ;" and he called another cause.

UNFORTUNATE COMPARISON.

LORD CHIEF JUSTICE KENYON was conspicuous for economy in every article of his dress. Once, in the case of an action brought for the non-fulfilment of a contract, on a large scale, for shoes, the question mainly was, whether or not they were well and soundly made, and with the best materials. A number of witnesses were called; one of whom being closely

*From "The Moral, Social, and Professional Duties of Attorneys and Solicitors." By Samuel Warren.

NO NICKNAMES ALLOWED.

49

questioned, returned contradictory answers; when the Chief Justice observed, pointing to his own shoes, which were regularly bestridden by the broad silver buckle of the day: "Were the shoes anything like these?" "No, my Lord,” replied the evidence; "they were a great deal better, and more genteeler." The court were convulsed with laughter, in which the Chief Justice heartily joined.

TWOFOLD ILLUSTRATION.

SIR FLETCHER NORTON was noted for his want of courtesy. When pleading before Lord Mansfield on some question of manorial right, he chanced unfortunately to say:-"My Lord, I can illustrate the point in an instance in my own person: I myself have two little manors." "The judge immediately interposed, with one of his blandest smiles, "We all know it, Sir Fletcher."

NO NICKNAMES ALLOWED.

JOHN MAGEE, publisher of the Dublin Evening Post, in a time when the Irish press was much less moderate and much more persecuted than now, was a man remarkable at once for his shrewdness and his eccentricity. Several prosecutions were set on foot against him on the part of the Government, and many keen combats were waged, during the hearing of the cases, between Magee and John Scott, Lord Clonmel, then Chief Justice of the King's Bench. In addressing the Court, Magee made reference to some public man known by a nickname. The official gravity of Lord

D

Clonmel was disturbed. "Mr. Magee," he exclaimed, 66 we allow no nicknames in this Court!" 66 Very well, John Scott!" was the ready home-thrust of Magee.

HORNE TOOKE AND WILKES.

HORNE TOOKE having challenged Wilkes, who was then sheriff of London and Middlesex, received the following cutting reply: "Sir, I do not think it my business to cut the throat of every desperado that may be tired of his life; but as I am at present High Sheriff of the City of London, it may happen that I shall shortly have an opportunity of attending you in my official capacity, in which case I will answer for it that you shall have no ground to complain of my endeavours to serve you."

THE JURY PANEL.

"Look sharply after your jury panel," says Mr. Warren. "Only the other day, I saw at Guildhall the brother of the defendant upon the jury! And a friend to whom I mentioned this circumstance, assured me that he himself almost fancied that he recollected, some years before, seeing the plaintiff himself sneaking into the jury-box."

SUCCESS AT THE BAR. LORD CHIEF-JUSTICE KENYON once said to a rich friend, asking his opinion as to the probable success of a son:-"Sir, let your son forthwith spend his fortune, marry, and spend his wife's; and then he may be expected to apply with energy to his profession."

LOSS OF A LETTER.

51

DILATORY INCLINATIONS.

SIR ROBERT PEEL, speaking of Lord Eldon, remarked that " even his failings leaned to Virtue's side;" upon which it was observed, that his lordship's failings resembled the leaning tower of Pisa, which, in spite of its long inclination, had never yet gone over.

CHANCERY DELAYS.

WE feel for climbing boys, (says Sydney Smith,) as much as anybody can do; but what is a climbing boy in a chimney to a full-grown suitor in the Master's office?"

LOSS OF A LETTER.

AN attorney's clerk had omitted one single letter in making the copy of a writ of capias, to be served upon a defendant, who was clandestinely going off to India, owing a widow lady a large sum of money, which she had lent him. She accidentally discovered, however; what he was about, and instantly communicated with her attorney, in such a state of alarm as may be easily conceived. He was an able and energetic practitioner; and within a few hours' time had got a capias issued against the dishonourable fugitive; and, accompanied by an officer, succeeded in arresting the debtor, just as he was stepping into a steam-boat to go to the ship, which was expected to sail from Gravesend on that day, or the ensuing one. You may guess the consternation with which he found himself thus overtaken; but it scarcely equalled that with which the attorney

"It is

received, early the next day, the copy of a rule, which had been obtained by the defendant, calling on the plaintiff to show cause why the defendant should not be discharged out of custody, on entering a common appearance, on the ground of a variance between the writ and the copy served; the discrepancy being between the words "sheriffs of London" in the one, and "sheriff of London" in the other. Eminent counsel were instantly instructed to show cause, and struggled desperately to discharge the rule; but in vain. better," said the tranquil Chief Justice Tindal, "to adhere to a general rule, capable of application in all cases, than to raise an argument on every imperfection in a copy, as to the materiality or immateriality of the error, and thereby offer a premium on carelessness.” So the rule was made absolute, and the defendant discharged. He went to India; and it is sadly feared that he has never made his appearance here again; and that the widow lost all that he owed her, and which, but for this wretched mistake, she would, in all human probability, have recovered.

That eminent conveyancer, the late Mr. Butler, accidentally omitted a single word, (“Gloucester,”) in drawing the will of Lord Newburgh, which deprived a lady, the intended devisee, of estates worth about 14,000l. a year. It was clear that the omission was through a mere mistake-and entirely contrary to Lord Newburgh's intentions; but parol evidence to prove these facts was unanimously rejected by the julges, and their opinion cordially adopted by the House of Lords, as you will see by referring to the