was spent with Mr. Thelwall, the other prisoners, the junior counsel, Mr. Gibbs, and with the witnesses for the defence, in making preparations for the following day. Altogether, perhaps, the amount of labor, anxiety, and fatigue, which Mr. Erskine underwent on that occasion, is quite unparalleled in the annals of the English bar. I doubt if it has many parallels in the history of mankind. No mere professional zeal, great as I know that zeal oftentimes to be, could have borne him up under the accumulated pressure. Nothing but the fact of his whole heart and soul being embarked in the enterprise of procuring the acquittal of the prisoners; nothing but the most sincere and warmest sympathy, grounded on settled principle, with the persons arraigned, could have sustained him.

may here mention, only died about eighteen repose. Indeed he could scarcely be said to months ago, was the person singled out from have slept at all. His time being occupied the others for trial; it following, as a matter in court all day, a large portion of his nights of course, that his acquittal would be followed by the acquittal of all the others, or his conviction, by theirs. The trial lasted nineteen days, and ended in the acquittal of the parties. Some time before Mr. Thelwall's death, he and I had some conversation on the subject, and though then about seventy years of age, his eye lighted up at the very mention of Mr. Erskine's name. He described to me, in terms of animation, scarcely inferior to the well-known ardor of his temperament in his youthful years, the extraordinary zeal which Mr. Erskine showed, the almost super. human exertions he made, and the unrivalled talent he displayed on that occasion. Mr. Erskine was a man whom no fee, however large, could ever induce to appear in any case in which any great principle of justice could be compromised by his acceptance of such But what places the sincerity and ardor of fee. When he undertook any case involving Mr. Erskine's zeal for his clients, on this octhe liberty or lives of his fellow-subjects, the casion, beyond all question, is the fact, that amount of remuneration he would receive for he was in the habit, ever after, when he could his services, never entered into his thoughts snatch a moment from his professional avocafor a moment. He was aroused to exertion tions, of visiting them at their own houses. by an overwhelming feeling of the injustice When his retirement from public life gave which was threatened to be committed; and him ample opportunities of being in their sohence his whole soul was bent on the acquit-ciety, there was scarcely a day in which he tal of the defendant. It is worthy of observation, that all the greatest triumphs he achieved in the courts of law, were in the character of counsel for the defendant.

did not visit some one of them. A friend of mine, who was intimately acquainted with the late Mr. Hardy, says he has met Lord Erskine at Mr. Hardy's house four or five times in one week.

I have already mentioned the case of Captain Bailie, the first in which he appeared on Mr. Erskine was an orator in the strictest being called to the bar. It was followed by meaning of the term. His matter was always his triumphant defence of Lord George Gor excellent. He often wandered from the subdon, accused of constructive treason, for the [ject, but his audience were so charmed with part he took in the memorable riots of 1780. the richness of his fancy, the sublimity of his The same holds true of his defence of the sentiments, and his happy illustrations of the Dean of St. Asuph-in that of Stockdale, the positions he sometimes laid down in his erpublisher-in that of Perry, then proprietor ratic flights, that they were seldom conscious of the "Morning Chronicle"-all charged of his digressions. He occasionally indulgwith libels; and, to give no more instances, ed in declamation: only, however, when he in that of Mr. Thelwall and his associates. It had, after a careful examination beforehand, was not that he manifested a burning zeal, or come to the conclusion that it was likely to made great exertions for the accused, while be more serviceable to his client than close examining witnesses or addressing the jury and continued argument. There was nothing the interest he felt in the result was equally turgid or meretricious in his diction; he was great, and was displayed in an equally strik-no clap-trap orator. His style combined the ing manner, out of court. I use no hyperbo-rare qualities of being easy and terse. His lical or exaggerated expression, when I say, sentences flowed from him so naturally, that it that his anxiety for the fate of the prisoners never appeared to cost him an effort to speak. was with him an absorbing feeling, apart He was happy in concentrating all the powers from all pecuniary considerations, and even of his mind, and in bringing them to bear on from that of his own forensic fame, though any particular emergency that might arise in both these things, the latter especially, must the course of the trial, the moment that emerin ordinary circumstances have operated to gency did arise. Nothing seemed to take him a certain extent on his mind, as they do on by surprise: no circumstance, however adthe minds of other men. For about four verse or unexpected, that might occur in the weeks-this includes several days immediate- course of the proceedings, deprived him, for ly preceding the commencement of the trial; an instant, of his self-possession. In the susfor about four weeks his mind was exclusive-tained brilliancy of his eloquence, it is doubtly engrossed, without the intermission of a ful if he ever had-he certainly has not now moment, with matters connected with the-an equal at the bar. His manner, too, was proceedings. Mr. Thelwall himself, than excellent. He had an intelligent eye, rewhom no one, of course, could be a better markably expressive of the ardor with which judge, assured me that during that time Mr. he had embarked in the cause of the client Erskine scarcely enjoyed one hour's sound on whose behalf he was addressing the jury.

The tones of his voice were clear and sonorous; and his action was energetic, without verging on that extravagance which is unpleasant.

But I must not shut my eyes to the defects of Mr. Erskine. His knowledge of law was neither varied nor profound. He often committed egregious blunders from this cause, though the splendor of his parts as an orator, diverted attention from them. Mr. Thelwall stated to me, that the junior counsel, Mr. Gibbs, was immeasurably Mr. Erskine's superior, both as a lawyer and logician: indeed, Mr. Thelwall thought the latter gentleman unequalled in those respects by any of his then contemporaries at the bar, though he never afterwards rose to any distinction. He was one of the many instances which occur in every profession, and in every walk of life, of merit not meeting its due reward.

Such was Mr. Erskine at the bar. Would that I could stop here. He entered the House of Commons soon after attaining the meridian of his distinguished reputation. There he displayed great talent; but nothing which could stand a moment's comparison with that which he evinced at the bar. In 1806, on the formation of the Grenville administration, he was made Lord Chancellor. Alas! for the sake of his own reputation that he ever was so. Never was the common observation, that a good advocate makes a bad judge, more strikingly proved than in his case. His decisions were the derision of the whole bar: the merest tyro in the study of the law could not but detect their unsoundness, and his errors in regard to those authorities and reasons on which he grounded them. A volume of his lordship's judgments in the Court of Chancery has been published; but it has never been referred to either by his successors in office, or by the bar. Were a counsel, indeed, to quote the decision of Lord Erskine in support of his own view of any case, it would make him the laughing-stock of the profession, and prove ruinous to his legal reputation.

most ignorant portion of the community could have done. On the following day he quitted London with his cook, whom he made his second wife. His last days were embittered by pecuniary embarrassments, aggravated by unpleasant circumstances of a domestic nature. He was an inveterate egotist: he never could relate any anecdote in which he himself was not the principal character. In his egotism he resembled old Cobbett-with this difference, that his egotism was generally pleasant, and not injurious to other parties.

The name of Lord ELLENBOROUGH, late Lord Chief Justice of the Court of King's Bench, is one with which the public are still familiar. He was chiefly brought into prominent notice by the circumstances attending the trial of Mr. Hone in 1817. Of that trial, and those circumstances, I shall presently have to speak very briefly. He was the son of Dr. Law, Bishop of Carlisle. For a long time after he was called to the bar he had but little employment. His prospects first began to assume somewhat of a bright complexion on the marriage of his sister with Sir Thomas Rumbold, whose connection with influential noblemen and gentlemen who had been in India, procured him employment as one of the counsel in the celebrated trial of the Marquis of Hastings. His talents at the bar were nothing more than respectable; but he was remarkable for the boldness of his manner-the fearlessness of his attacks on an opponent-and the galling, withering sarcasms, which the violence of his temper, and a considerable fluency of language, enabled him, at all times, to level at those on the adverse side of a case. These were recommendations of sufficient weight to procure for him, in 1801, the office of Attorney-General on the formation of Mr. Addington's adminis. tration. In a year afterwards, the death of Lord Kenyon paved the way for his elevation to the Chief Justiceship of the King's Bench, with the appendage of a peerage. His singularly rapid good fortune only tended, as Lord Erskine did not retain the great seal Sir Egerton Brydges, in his Autobiography for any length of time. He retired with the observes, to puff him up still higher-" it ministry who raised him to the high office, puffed him unto the skies." It would have and their tenure of place did not much ex- been well had the ebullitions of his hot and ceed six months. He remained in town for haughty temper been confined to his ordimany years, and then returned to Scotland, nary intercourse with his fellow men; but his native place, where he lived till his death, they were unhappily too often exhibited on about twelve years since, in retirement. He the seat of justice. No man, so far as I am never was the same man after he left the bar. aware, ever imputed to Lord Ellenborough a It was his proper sphere. Before he quitted disposition to employ the important powers London for Scotland he got careless, to some with which the crown had vested him, in any extent, in his person, and to a still greater ex-way which could interfere with the administent as to the individuals with whom he asso-tration of justice; all that ever was said ciated. I may mention, as an illustration of against him was, that the warmth and viothe change which his mind had undergone in this respect, that when a number of the "Morning Chronicle," containing some woodcuts relative to the murder of Weare by Thurtell appeared, he went to the office himself, and purchased six copies of the paper, evincing by his conversation with the publisher, and in other ways, that he felt as great an interest in the affair as the lowest and

lence of his temper often made him arrive at certain conclusions, which, had he possessed the qualities of coolness and patience he never would have come to.

Sir Egerton Brydges, who knew him well when at Cambridge, says, that the ungovernable temper which he evinced till the last moments of his life, was often exhibited by him when a boy. As a judge, the same author

represents Lord Ellenborough to have been sence. There have been most unseemly disimpatient, hasty, vituperative, and by neces- turbances in the court, you are the persons sary consequence, sometimes incorrect in his who are responsible, and you shall be responauthorities, arguments, conclusions, and opi-sible; and therefore, you will use your utmost nions." Sir Egerton goes on to say, that activity in apprehending any persons who there is some advantage to the public, though dare to interrupt the course of justice." In not to the suitors, in such a mind and temper a very short time after this, Lord Ellenboas Lord Ellenborough's; for, he adds, "it rough, who had a little before refused to makes despatch of business, as it cuts or allow Mr. Hone to retire for a moment from tears asunder what it cannot untie." In this the court, though very unwell, refused him opinion few men will concur; for I question permission to read some extracts from a if there be a more unseemly spectacle in newspaper which he thought essential to his the world, or one whose effects are more in- defence: on which he, with peculiar emphajurious to society, than that of a judge be- sis, exclaimed, "My lord! my lord! your traying such a temper on the seat of justice. Lordship is not on your trial-I am." A Lord Ellenborough's infirmity of temper, member of the bar, who was present on the as might have been expected, often brought occasion, once mentioned to me that he never him into unpleasant collision with counsel at witnessed anything produce such an effect. the bar. The scenes which were sometimes It acted with the simultaneousness of elecexhibited on such occasions, were not calcu- tricity on the audience. A peal of applause, lated to add to the dignity of the proceedings which lasted for some time, showed the rein a court of justice. But the only instance sponse which their bosoms gave to the felicity in which any squabble with the person ad- of the remark. When silence had at length dressing the court seems to have made any been obtained, Lord Ellenborough again adpermanent impression on his own mind, was jured the sheriffs, in angry tones, to do their the trial, in 1817, of Mr. William Hone, at duty. They replied they could not fix on any that time a well-known vender of political particular individual, as they had been conpamphlets. Mr. Hone had been indicted on founded by the instantaneousness and unithree several informations for sedition and versality of the applause. On this Lord Elblasphemy. Mr. Justice Abbott, afterwards lenborough, worked up into a paroxysm of Lord Tenterden, presided on the trial of rage, and as if scarcely knowing what he said, Mr. Hone on the first information. To the exclaimed, " Open your eyes and see; stretch infinite surprise of Lord Ellenborough, and I out your hand and seize the offender!" The believe of the government also, at whose in- trial went on amidst various other similar instance, as a matter of course, the informa-terruptions, and the defendant was again actions had been brought, the defendant was quitted. It was thought the third information acquitted. Lord Ellenborough conceiving the would, under these circumstances, be abancase to be so clear against Mr. Hone, that no doned. Such was not the fact. Lord Ellenjury, if the law and the facts were brought|borough took his seat next day on the bench fairly before their minds, could hesitate to and the Attorney-General proceeded with the convict, said, immediately on hearing of the case against the defendant. The court was acquittal on the first information, "I'll go again, and to a greater extent, the scene of down," meaning to the Court of King's Bench similar exhibitions; and the result of the at Guildhall, "I'll go down and preside my proceedings was, as before, the acquittal of self to-morrow." His lordship did so, and the defendant. When the verdict of "Not the trial on the second information proceeded. Guilty" was pronounced, the applause was The court was crowded to suffocation, the absolutely deafening. Lord Ellenborough was case having excited the deepest interest. Mr. the same evening heard to say to a friend I Hone defended himself in person. Regarding will not name, "I must bow down till the himself as, in some measure, a martyr to his storm blows over." This was the first time opinions, and encouraged by the sympathies he had ever been known to utter any expresof a crowded court, the defendant evinced sion indicative of yielding to the pressure of the greatest self-possession thoughout the circumstances. He never was himself again. proceedings: and being naturally a man of He died in about twelve months afterwards of great readiness in replying to any observa- a broken heart. Such, at any rate, was the tion made against him, he made some exceed-general opinion. In person he was about the ingly happy remarks when Lord Ellenbo- middle size, and rather stout. His comrough interfered with the manner in which plexion was florid, and the expression of his he was conducting his case. Such remarks countenance corresponded with the irritabilalmost invariably elicited simultaneous bursts ity of his temper. He had a fine sonorous of applause from the spectators, which very voice, and was considered a good speaker. naturally irritated the temper of Lord Ellen- Mr. Baron GRAHAM, who died a few years borough, as they were no doubt unbecom- since, was well known for his eccentricities ing the solemnity of a court of justice. His before his retirement from the Court of Exlordship, losing all patience, sent for Mr. She- chequer. As a barrister, before being raised riff Desanges and his colleague; and on their to the Bench, he displayed respectable talentering the court, he addressed the former ents, and had a fair share of business. As a in most indgnant tones, in these terms:-"I judge, he was also respectable; but by no have sent for you and your colleague, sir, as means distinguished above his brethren on there is an absolute necessity for your pre-the bench. It is, therefore, chiefly on ac

count of certain peculiarities about his char- tall and gaunt. One of the greatest objects acter that I make a brief allusion to him. I of his ambition was to have his wig of the believe there are not many instances on largest dimensions it could conveniently be record in our courts of law, of any judge made, and as stiffly curled as possible. He having discharged the judicial functions so always displayed a bunch of frills, which long. He was upwards of thirty years a were equally prominent from their unusual judge; and as during a great part of his ju- size, and the ebony aspect they exhibited dicial career crime was very prevalent in the from the immense quantities of snuff he conprovinces, and capital punishments were then sumed, but of which not more than the onethe order of the day, he earned for himself half found its way into his nasal apertures; the unenviable reputation-if reputation it the other half was spilled in the act of being must be called-of having sentenced more taken, on his frills, which from their promi unfortunate human beings to death than any nent proturberance necessarily caught the other judge who ever presided at the country greater part of the powder which slipped assizes. One of his peculiarities of character through his fingers, in its downward journey. was a sort of antiquated politeness, which he Out of court he always wore a three-cornerpractised under all circumstances, and to the ed hat, and a black coat remarkable for the very latest period of his life. He even car- antiquity of its cut. His waistcoat was made ried it with him to the bench: hence the un- to match. He always rejoiced in kneehappy prisoner at the bar was often deceived breeches, while his shoes, or shods, as he used into a belief that the rigors of the law would to call them, were invariably ornamented by be somewhat abated in his case. What will the huge buckles which were so fashionable appear still more extraordinary, Mr. Baron about a century ago. Lady Graham fully Graham invariably exemplified his peculiar sympathised with the baron in his notions as notions of politeness, even in the act of sen- to dress. She also invariably appeared in the tencing poor creatures to death. His man- costume which was fashionable among the ners, on such occasions, would often have ladies in the early part of the last century. been laughable, but for the deeply affecting They both used to walk out, after he had recircumstances under which the unhappy pri- tired from his judicial duties, regularly at a soner stood. A very singular instance of the certain hour every fine day, when they ex baron's excessive and ill-timed politeness oc- cited much curiosity from the singularity of cured, on one occasion, after the close of the their dress. The place they chose for their trials at a country assize. Nine unhappy men promenade was always Oxford Street; and were all appointed to receive sentence of what is worthy of mention is, that on no acdeath for burglary, highway robberies, and count could they ever be induced to walk on other offences. It so happened, however, that the south side of the street. Sheridan once in entering the names of the unfortunate par- made a wager with Fox, that on both walkties, after being convicted, on his own slip of ing up Piccadilly he would see more cats paper, Baron Graham omitted one of them. lying in the window than the other. Fox acThe nine men were brought up to receive cepted the offer: and each went from one judgment, and the eight, whose names were end of Piccadilly to the other. When they on his paper, were severally sentenced to had finished the journey, it turned out that death. They then quitted the bar. The ninth Sheridan had seen no fewer than eight cats in stood in mute astonishment at the circum- the windows, while Fox had not seen one. The stance that no sentence was passed on him. thing appeared unaccountable to the latter, The clerk of the court perceiving the mis- until Sheridan explained that he had taken take, immediately called aloud to his Lord- the sunny side of the street, as cats are found ship just as he was opening the door to leave of sunning themselves in the windows of the court, that he had omitted to pass sentence shops. Whether the marked predilection of on one unfortunate inan. Turning about, and the Baron and Lady Graham for the north casting a look of surprise at the unhappy side of Oxford Street, arose from a similar prisoner, he hurried back to the seat he had fondness for basking in the sun, I have no just vacated, and taking a pinch of snuff- means of learning. for he was one of the most inveterate snuff- Among the late judges' in our courts of law, takers that ever lived-and putting on the there are few whose names are better known black cap, he addressed the prisoner in the than Lord TENTERDEN. No man who ever following strain, giving at the same time a sat on the bench was more respected, and no profusion of bows:-"My good man, I really man ever better deserved the respect with beg your pardon for the mistake: it was en- which he was universally regarded. His tirely a mistake-altogether a mistake, I as- lordship rose to the distinction of Lord Chief sure you. The sentence of the court on you Justice of the King's Bench, from the humis, that you be taken to the place whence you blest origin. He was the son of a barber, of came, thence to the place of execution, and the name of Abbott, in Canterbury, at the there hanged by the neck until you are dead. free grammar school of which place he reAnd the Lord have mercy on your soul. Iceived his education. He was induced to do beg your pardon: I'm very sorry for the mistake, I assure you." So saying, he made another low bow to the unhappy man, and then quitted the court.

In personal appearance Baron Graham was

select the law as a profession, in consequence of the advice of the late Mr. Justice Buller, to whose son he had been, for some time, a tutor. He had not been long at the bar, when, chiefly through the influence of friends,

cess.

His Lordship had one infirmity of mind. He was ashamed of that in which he ought above all things to have gloried. He never could recur to the fact of his humble origin, without feeling mortified. On one occasion circumstances led him to make some remarks in the House of Lords on the antiquity of that House and its peculiar privileges, and on the consequent veneration in which it ought to be held. While expatiating on these topics, he overheard a noble lord who sat beside him whispering into the ear of another noble lord, evidently in a very sarcastic man. ner, the observation, that it was a decidedly good joke to see a barber's son stand up, and, identifying himself with the noble and ancient families who belonged to that House, dilate on its antiquity, high privileges, and so forth. The circumstances cut him to the quick. He very rarely, if ever, spoke on any subject afterwards.

he got into one of the largest and most lucra-acter of which I have spoken. There was tive practices at that time in the profession. something approaching to feminine softness His income, from his practice, was understood about it. He had a fine eye, and a promi to have been ten thousand pounds a year, nent well-formed forehead. His face inclinIn 1816 he was appointed to a puisne judge- ed to rotundity. It was allowed, on all hands, ship in the Court of Common Pleas. In a to be so handsome, that not even his large few months afterwards he was made one of wig could disfigure it. His person was of the the judges in the Court of King's Bench, on middle size, and well made. which occasion he was knighted; and in less than two years afterwards he was raised to the dignity of Lord Chief Justice of that court. In 1827 he was made Baron Tenterden. As a barrister, he never distinguished himself. He was known by the profession to be an excellent lawyer; but he wanted those more flashy qualities necessary to give a man any general reputation at the bar. He had no imagination: neither did he possess that dexterity or tact in addressing a jury, so necessary to sucHis manner was cold and inanimate, and his speeches were monotonous and tiresome to all who heard them. It was doubted, under these circumstances, whether, on his being raised to the bench, he would make a good judge. Many of his former acquaintances at the bar, confidently predicted he would not. The event showed they were wrong. He had not long occupied a seat on the bench, when to the surprise of most persons, and to the confusion of his enemies, of The circumstances attending his dying whom, from feelings of wounded jealousy, he hour were very remarkable. The ruling had a great many, he gave promise of prov- passion strong in death," is in everybody's ing one of the greatest ornaments a court of mouth. History abounds with striking illusjustice ever had. He saw the essential points trations of it. Addison, who had long laborof a case as if by a sort of intuition, and ed to convert an infidel friend in his life, sent mastered with a singular ease and facility all for him in his expiring moments, in the hope its difficulties. Nor was he less happy in that his death-bed scene would do that which communicating his views, on such occasions, all other arguments had failed to accomplish. to the jury or to his brother judges. He was "See," said Addison, seizing his infidel friend remarkably clear in all his statements; and by the hand, "see in what peace a Christian his summings up were distinguished for their can die," and then expired. The infidel was perfect impartiality, as well as for their lu- converted by the scene. Jean Gordon, a minousness. He showed, with wonderful prc. plain country woman, whose name is still well cision, the law he was called to administer, known in the South of Scotland, having been in all its bearings, on the case before the thrown into the river Tay by the mob, becourt. And such was the extent of his legal cause of her attachment to the Pretender, knowledge, that he could at once refer to any exclaimed each time her head rose above previous case in the records of the Court the water, "Prince Charlie yet - Prince which bore on the case under consideration. Charlie yet!" These were her last and only He was a man of great mildness and ur- words from the time she was thrown into the banity of manner on the Bench, as well river until she sank to rise no more. Pitt, as in private life. He was never known to whose attachment to his country was so betray the least violence; nor to be a party marked through life, died with the prayer on to any unseemly squabbles with the bar. his lips, "O save my country, Heaven!" He was also a man of highly cultivated mind, Not to mention other instances, most persons in a literary sense. Sir Egerton Brydges, are aware of the striking exemplification of who was his intimate friend from his boyhood the ruling passion strong in death, afforded until the time of his death, thought highly of in the last moments of Nelson and of Sir him both as a man and a gentleman of lite- John Moore. Lord Tenterden's death affordrary taste. I have lately had an opportunity ed another instance, though under somewhat of seeing a large quantity of Sir Egerton's different circumstances. The last trial at unpublished manuscripts, and nothing could which he presided, was the memorable one exceed the terms of eulogy in which he of the Bistol magistrates, for the riots in that speaks of Lord Tenterden in all the relations city. This was in 1832. He was observed, of private and public life, and also as a man for some months before, to have been graof intellectual capacity. dually getting weaker and weaker. His Lord Tenterden's appearance was ex-altered looks clearly showed that his health tremely prepossessing. The principles of had been seriously affected; and his friends Lavater held true as applied to him. His did everything they could to dissuade him countenance indexed the mildness of char- from undertaking to preside at a trial which