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until the expiration of the lease, which was, I think,
in 1865. It was then removed to Knightsbridge,
where I still continue my visits.

The new premises, or, as it might be called, the
new institution, was inaugurated with a grand dinner,
chiefly attended by members of the sporting world,
including Admiral Rous, George Payne, and many
other well-known and popular patrons of our national
sport. There were also a great many who were
known as ' swells,' people who took a lively interest
in racing affairs, and others who belonged to the
literary and artistic world, and enjoyed the national
sports as well. It was a large assembly, and if any
persons can enjoy a good dinner and lively con-
versation, it is those who take an interest in sport.
Their unanimity and sparkling joviality seemed to
inspire the champagne itself, while this, by reflex
action, returned the compliment. There was no air of
superiority, no desire to outshine one another, but a
universal wish to be agreeable, and to make things-
pleasant all round. Mixed as the company might be,
it was uniform in its object, which was to be happy
as well as jolly. How they succeeded all who have
enjoyed a social evening with them know. General


and generous sociability is the keynote of enjoy-

Richard and Edmund Tattersall were there, the
representatives of old Richard Tattersall, long and
favourably known to many a brave veteran sportsman
included in that company. But Richard, alas ! had
long since joined the great majority. He lived in
memory, and to his memory was the toast proposed.
He had contributed to the happiness of mankind.

That I should have been asked to be present on
this historic occasion was extremely gratifying, but
I could find no reason for the honour conferred upon
me, except that it might be because I had always
endeavoured to make myself agreeable a faculty,
if it be a faculty, most invaluable in all the relations
and circumstances of life. I was flattered by the
compliment, because in reality I was the guest of all
the really great men of the day. Not the only repre-
sentative of the profession to which I belonged was I,
for there were one or two Queen's Counsel and about
the same number of Serjeants, besides those fashion-
able members of the Bar who are seen almost every-
where except in court, and know almost everything
except their business.

But a still more striking honour was in store for
me. I was called upon to respond for somebody or
something ; I don't remember what it was to this day,
nor had I the faintest notion what I ought to say.
I was perfectly bewildered, and the first utterance
caused a roar of laughter. I did not at that time
know the reason. It is of no consequence whether
you know what you are talking about in an after-
dinner speech or not, for say what you may, hardly


anybody listens, and if they do few will understand
the drift of your observations. You get a great deal
of applause when you stand up, and a great deal more
when you sit down. I seemed to catch my audience
quite accidentally by using a word tabooed at that time
in sporting circles, because it represented the black-
legs of the racecourse, and was used as a nickname for
rascaldom. ' Gentlemen,' I said, ' I have been unex-
pectedly called upon my legs ' Then I stammered

an apology for using the word in that company, and
the laughter was unbounded. They thought I did
it for the purpose instead of it being the result of my
innocence. Of course, the next morning it was in all
the sporting papers, reported as an excellent joke,
although the last person who saw the joke was myself.
However, I diverted my audience from the subject,
and made a few chaffing observations on my learned
friends, explaining to my numerous hosts that the
visits of these distinguished persons to the old
Tattersall's were only to be accounted for by their
insatiable thirst for knowledge, which is the accom-
paniment of the most learned, and doubtless in the
future they would come to the New Palace for the
same disinterested object of picking up information
and dropping their money. This, I need not say,
was received as a set-off to the indebtedness of my
original observation.

After dinner we adjourned to the new premises,
which included a betting -room, since christened
' place,' by interpretation of a particular statute by
myself and others. Oh, the castigation I received
from the Jockey Club on that account ! Whether the
monitory fox was anywhere within the precincts I


do not know, but I missed him at that time, and
attributed to his absence the lapse from virtue which
undermined my previous resolution, and in a moment
undid the merits of exemplary years. However, it
brought me to myself, and was, after all, a ' blessing
in disguise ' and pleasant to think of.

We were in the betting- room, and there was Harry
Hill, my genial old friend, who had advised me to
take care, and never to bet, 'because we know our
business better than you do.' Alas! amidst the
hubbub and the excitement, to say nothing of the
joviality of everybody and the excellence of the
champagne, I said in a brave tone :

' Come now, Mr. Hill, I must have a bet, on the
opening of the new Tattersall's. I will give you evens
for a fiver on for the Derby !'

Alas ! my friend, who ought to have known better,
forgot the good advice he had given me only a few
years before, and I, heedless of consequences in my
hilarity, repeated the offer of evens on the favourite.

1 Done !' said two or three, and amongst them Hill.
I might have repeated the offer and accepted the bet
over and over again, so popular was it. * Done, done,
done !' everywhere.

But Hill was the man for my money, and he had it
before morning the favourite was scratched !

It was the race which Hermit won ! Poor Hastings
lost heavily and died soon after. I had backed the wrong
horse, and have never ceased to wonder how I could have
been so foolish. ' Let me advise you not to speculate
amongst us/ were Hill's words, ' for if you do we shall
beat you '; and it cost me five pounds to learn that.
A lawyer's opinion may be worth what is paid for it in


a case stated ; but of the soundness of a horse's wind,
or the thousand and one ailments to which that
animal's flesh and blood are heir, I knew nothing
not so much as the little boy who runs and fetches
in the stable, and who could give the ablest lawyer
in Great Britain or Ireland odds on any particular
favourite's ' public form ' and beat him.

Put not your trust in tipsters ; they no more knew
that Hermit had a chance for the Derby than they
could foretell the snowstorm that was coming to enable
him to win it.

This was the last bet I ever made ; and I owe my
abandonment of the practice to Harry Hill, who gave
me excellent advice and enforced it by example.



AMONGST the Judges for whom I entertained the
highest esteem were Kelly and Pollock, both Chief
Barons of the Exchequer. They possessed especially
Pollock so wide a knowledge of mankind that it
would be difficult to find their match even in these
days of wireless telegraphy. They were courteous,
kind, and pleasant in every way. Kelly was extremely
precise in diction and choice in language ; but what-
ever his decision, you went away satisfied that you
had been fairly dealt with that you, at least, had
had a fair hearing ! He was precise and painstaking,
but always in every sense of the word a gentle-
man of the old English school; you never smarted
under a sneer, or had to put up with a mediocre
jest. Pollock was equally good-natured and in every
way a pattern of refinement and courtesy ; his language
was always well chosen, sometimes sparkling with
humour, and, as it seemed to me, clear and convincing.
He had mixed with the world and taken lessons from
many schools of human character. Pedantry with him
him was coxcombry, and common-sense the best of



These men were not the waifs and strays of the
political world provided for by Judgeships ; they were
selected for their learning and character, and therefore
competent for the high positions they were called upon
to occupy.*

An instance of Chief Baron Kelly's careful fore-
thought in looking at all contingencies when a settle-
ment was being arrived at, occurs to my mind.

In a case in which my opponent and myself had
agreed to dispense with the jury and try the matter
before the Judge, the Lord Chief Baron showed
himself almost painfully anxious about the smallest
detail. Every date, no matter how unimportant, he
would insist on having on his notes, lest something or
other might turn upon it.

After proceeding for a considerable time, a grave
discussion took place with regard to the future conduct
of the case. It was a difficult matter, involving in-
numerable details, and there seemed every probability
of its outlasting, at the rate we were progressing, the
present generation. Kelly had no regard for posterity,
and during the argument with the Chief Baron,
details of the smallest moment became invested
with an amount of importance that no one contem-

When the learned Judge was finally asked to make
an order for an arrangement that we considered satis-
factory to all parties, Kelly again laid down in precise
and measured syllables his views of the situation, and

* I have studied Judges all my professional life, and am
certain that the less religious or political sentiment imported
to the Bench the better it is for the interests of justice.
E. H.


gave us a very beautiful discourse on contingencies
that might or might never arise, events that might or
might not happen.

' I will make no order,' said his lordship with great
emphasis, ' for any arrangement if there is a possibility
that anything should set the parties at variance again.
A mutual agreement must of ne ces sity embrace
all par ticulars and details so that in no circum-
stances should there be the least room for any
mis understanding between the several parties
there fore, Mr. Hawkins Mr. Hawkins, will you
attend? as you well know you must shape the
order so that due pro vision be made for
ev ery con tin gen cy.'

In this case it had been arranged between the
opposing counsel and myself that a learned friend who
had more time at his disposal than money, should
proceed to the Gold Coast, the most deadly of all
climates, to take evidence on commission in the cause.
The arrangement had, as I have said, taken a long
time to settle, because of the innumerable details to be
provided for in so adventurous a business.

The Chief Baron, seeing that we had nearly come to
terms, interposed with the question :

'I take it for granted, that you gentlemen are
perfectly aware that the Gold Coast is a very un-
healthy spot, and that the special exam iner might
die in the course of dis charging his duty ?'

' Oh yes, my lord,' I answered ; ' we are much
obliged to your lordship for calling our attention to the
matter, but we have made, I think, suitable arrange-
ments and provided for the contingency your lordship
has suggested most satisfactorily.'


Kelly bowed politely, and sat with his refined face
leaning forward and his keen eye glittering with

' Will you inform me, Mr. Hawkins, what are your
proposed arrangements, and what are these most satis-
factory terms ? Will you be good enough, Mr. Hawkins,
to let me know what it is you wish me to approve
of and sanction ?'

' If your lordship pleases. In the sad event your
lordship seems to anticipate '

* No, Mr. Hawkins, by no means I trust not ; but
in coming to an arrangement you must provide, I said,
for all contingencies, and this not unlikely event is one
of them : let us hope the special examiner will return
with unimpaired vigour to this country. What is
your arrangement, Mr. Hawkins ? You represent the
plaintiff, as I understand ?'

' Yes, my lord ; and the arrangement we have come
to is this : that in so sad an event as the death of the
special examiner during the exercise of his duties in
that behalf, he is to have power to direct, in his
return to the commission, where he would like to be

Kelly seemed to think that a pretty reasonable
proviso, to which he nodded his assent.

' And to make all other arrangements for the funeral
that he may deem necessary.'

' Does that meet the special examiner's views.
Mr. Hawkins ?'

' Oh, quite, my lord. One other matter I ought
to bring to your lordship's attention : it is the de-
fendant who desires this evidence to be taken on this
insalubrious coast, to say the least of it, and therefore


the arrangement is that he is to pay the funeral

' A most satisfactory arrangement, Mr. Hawkins,
and most equitable. I will make the order accord-

Whether the latter part of the arrangement was
ever carried out I have not learnt. Nothing more was
heard of the case.

No man is true to his own character at all times or
on all occasions ; his diversity often depends on the
merest trifle, so that he may do the very opposite
of what one might expect ; he may even act honestly,
which is as contrary to the nature of some men as
anything in this world can be.

When I came across a real good rogue I played him
as though I had hooked a salmon : I let him have a
little line now and then ; and a little air ; and then he
would take a plunge into deep water, but he never got
away if I could help it.

Let me give you an instance of what I mean, as
illustrating human character, only that instead of taking
two rogues, I will take two highly respectable Hebrew
solicitors who in my early days occasionally briefed
me. One of them was named Saul Jeakes, and the
other Elias Jacobs. They enjoyed a large practice,
were highly respected, and were both of considerable
age. They had been opponents all their lives, and
had grown old in their professional rivalry. What
those two men did not know would have to be sought
for in a warmer climate than this world enjoys.

Internally there was not much difference between
them, outwardly there was ; but where Nature caused
them to differ in appearance Art contrived a re-


semblance so as to bring them to an equality as nearly
as possible.

For instance, one that was Saul possessed an
abundance of flowing white locks, which gave him
a most patriarchal appearance. You might have taken
your choice of the Biblical children of Israel and not
outdone Saul in respectability of outline. He looked
like Jacob asking his father's blessing. Elias, on the
contrary, had no hair at all on the top of his head,
which gave him a rather anti-Biblical appearance no
Esau in him ; but he had a margin of hair round
his neck and a little scanty fringe above the ear. To
make up for this deficiency, Elias indulged in a lavish
application of hair- powder, which, in my ignorance,
I took to be kitchen flour. Whatever it was, he
made a liberal use of it, and was a friend of the

When these two worthy practitioners sat together
in court it was difficult to decide who had the best of
it so far as respectability of appearance went. Each
was accompanied by a satellite, who revolved around
his primary, and never swerved from his particular
orbit. One of them was named Shakes. He it was
who waited on Jeakes. The other was Davis, the
gentleman usher of Jacobs. They were a family party
whose friendship other people's quarrels never could
disturb, but rather cemented.

I have no word of disparagement for either side.
They played their game with legitimate weapons,
according to the rules of Jewish warfare, and would
have treated with the greatest indignation any sug-
gestion that one of the four would or could act con-
trary to the highest traditions of their honourable


profession. They were most strict in their observance
of the etiquette of their business.

I speak with impartiality, because I was as often for
the one honourable practitioner as the other. Mr.
Serjeant Byles and I divided their patronage between
us that is to say, when he was retained for one
side, I was usually chosen for the other. Byles was
a man of considerable humour, and although he knew
our clients were conscientiously fair, he sometimes
smiled at their mode of showing it. He often wondered,
as I did, that gentlemen who, to vulgar eyes, would
seem to be of the lowest principles should be the slaves
of a despotic conscientiousness. Notwithstanding this
precision, however, we were not always permitted to
confine ourselves to matters that merely related to the
issue ; the margin was large, but confined to a proper
regard to etiquette. That had to be observed, even if
both clients should perish simultaneously.

This will be more apparent from a case in which I
appeared for the defendant, and Byles for the plaintiff.
The plaintiff himself was a strict Jew, and my client
of course knew it.

The action was of the simplest kind a claim of
25 for a baker's bill, and, so far as I could see, we
had no defence whatever. The goods had been re-
ceived, and the money was owing. But no human
being not of their persuasion could imagine the
resources of the rival firms of Jeakes and Jacobs.

The defence according to my instructions was to
cross-examine the plaintiff, and I had learnt by this
time enough to know that cross-examination is not
always a defence to an honest action, let the books say
what they will.


' Ask him,' whispered the Jew from behind his
hand, ' whether he does not keep a pig.'

' Keep a pig !' I exclaimed. ' Suppose he keeps
twenty pigs, must he not pay his baker's bill ?'

' Yes, sir, keep a pig ; he'll know what you mean.
Ask him if he keeps a pig.'

I was staggered at the suggestion, and did not
intend to play into his hands, whatever it might

' What,' I asked, ' has a pig to do with the baker's
bill ? A pig does not exonerate a man from paying
his debts. Is a pig an answer to an honest claim ?'

' You ask him, Mr. Hawkins, you'll see,' grinned my
instructor, with his lean finger to the side of his nose.

1 Has he not a right to keep a pig ?' I asked. ' What
on earth do you mean ?'

' Ask him, sir ; he'll be so mad, he'll forget all about
his case, and won't answer another question ; and
Mr. Serjeant Byles shall get no more answers from
him, too.'

I need not say the question was not put, and the
baker was triumphant !

There was a young solicitor who had been en-
trusted with a defence in a case of murder. It was
his first case of importance, and he was, of course,
enthusiastic in his devotion to his client's interests.
Indeed, his enthusiasm rather overstepped his pru-

By way of extra precaution, when the case was
about to be called on, he managed in some way or
other to ingratiate himself with a man who was a
juror-in-waiting, and likely to be called into the box to
try his case. By dint of perseverance and persuasion


he obtained a promise from the man that if he should
be on the jury he would consent to no other verdict
than manslaughter, which would be a tremendous
triumph for the young solicitor.

The case was a very strong one for wilful murder.
The friendly juror-in-waiting was called, and took his
seat in the box. Everything went well except the
evidence, and the solicitor's heart almost failed for fear
his man should give way. Would the juror think
more of the money than his conscience ? The jury
retired, and were absent for a long time ; then re-
turned to court, and said they were unable to agree.

Now the young solicitor felt he was right : it was
his faithful juror who was standing out.

'All agreed but one, my lord.'

' Go back to your room,' said the Judge ; which they
did, and after another long absence returned with a
verdict of ' Manslaughter.'

The prisoner's solicitor was jubilant with his success.
His client was saved from the gallows, and his ten
years' penal servitude was nothing. Presently, how-
ever, he met his juryman and congratulated him on
his firmness, and thanked him effusively for his
exertions in his client's behalf.

1 How did you manage it, my good friend,' he asked
' how did you manage ? It was a wonderful verdict
wonderful !'

' Oh,' said he, ' I was determined not to budge. I
never budge. I gave you my word, and I stuck to it.
Conscience is ever my guide.'

' I suppose there were eleven to one against you ?'

' Eleven to one ! It was a tough job, sir a tough

VOL. I. 11


'Eleven for wilful murder, eh?' said the jubilant
young man. ' Dear me, what a narrow squeak !'

' Eleven for murder ! No, sir !' exclaimed the juror.

' What, then ?'

' Eleven for an acquittal ! You may depend upon it,
sir, the other jurors had been " got at." '

Lord Watson, dining with me one Grand Day at
Gray's Inn, said he recollected a very stupid and a
very rude Scotch Judge (which seems very remark-
able) who scarcely ever listened to an advocate, and
pooh-poohed everything that was said.

One day a celebrated advocate was arguing before
him, when, to express his contempt of what he was
saying, the cantankerous old curmudgeon of a Judge
pointed with one forefinger to one of his ears, and
with the other to the opposite one.

' You see this, Mr. - - ?'

' I do, my lord,' said the advocate.

' Well, it just goes in here and comes out there !'
and his lordship smiled with the hilarity of a Judge
who thinks he has actually said a good thing.

The advocate looked and smiled not likewise, but a
good deal more wise. Then the expression of his face
changed to one of contempt.

* I do not doubt it, my lord,' said he. ' What is
there to prevent it ?'

The learned Judge sat immovable, and looked like
a judicial wit.



THE ' Orsini Affair ' was one of high treason and
murder. It was the attempt on the part of a band
of conspirators to murder Napoleon III. In order to
accomplish this political object, they exploded a bomb
as nearly under His Majesty's carriage as they could
manage, but instead of murdering the Emperor they
killed a policeman.

Orsini was captured, tried, and executed in the
good old French fashion. His political career ended
with the guillotine, a sharp remedy, but effective, so
far as he was concerned.

One, Dr. Simon Barnard, was more fortunate than
his principal, for he was in England, the refuge of
discontented foreign murderers, who try to do good
by stealth, and sometimes feel very uncomfortable
when they find that it turns out to be assassination.

Barnard was a brother conspirator in this famous
Orsini business, and being apprehended in England,
was taken to be tried before Lord Chief Justice
Campbell, Edwin James and I being retained for the

There was no defence on the facts, and no case on
163 112


the law. He was indicted for conspiracy with Orsini
to murder the Emperor in Paris.

I had prepared a very elaborate and exhaustive
argument in favour of the prisoner, on the law, and
had little doubt I could secure his acquittal ; but the
facts were terribly strong, and we knew well enough
if the jury convicted, Campbell would hang the
prisoner, for he never tolerated murder. With this
view of the case, we summoned Dr. Barnard to a
consultation, which was held in one of the most
ghastly rooms of Newgate.

It was the most miserable place to be found outside
the gaol, and could only be surpassed in horror by one
within. It might have been, and probably was, an
ante-room to hell, but of that I say nothing. I leave
my description, for I can do no more justice to it.
The only cheerful thing about it was Dr. Barnard
himself. His cheerfulness was amusing. He was the
most cold-blooded person I had ever met. Not one
of those dark, mysterious beings your read of in
novels. He gave the lie to your stage conspirator,
and talked as cheerfully as if he were calculating
the chances of the favourite winning the Derby. In
its very lightness the situation seemed to be serious.
He was totally unconcerned with the danger of his
situation, and regarded himself as a hero of the first
order. Murder, hanging, guillotine all seemed to be
the everyday chances of life, and to him there was

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