"_Lord Chief Baron._--'Is this plaintiff the gentleman of the same name
who hath sent me the venison?' _Judge's servant._--'Yes, please you, my
lord.' _Lord Chief Baron._--'Stop a bit, then. Do not yet swear the
jury. I cannot allow the trial to go on till I have paid him for his
buck!' _Plaintiff._--'I would have your lordship to know that neither
myself nor my forefathers have ever sold venison, and I have done
nothing to your lordship which we have not done to every judge that has
come this circuit for centuries bygone.' _Magistrate of the
County._--'My lord, I can confirm what the gentleman says for truth, for
twenty years back.' _Other Magistrates._--'And we, my lord, know the
same.' _Lord Chief Baron._--'That is nothing to me. The Holy Scripture
says, 'A gift perverteth the ways of judgment.' I will not suffer the
trial to go on till the venison is paid for. Let my butler count down
the full value thereof.' _Plaintiff._--'I will not disgrace myself and
my ancestors by becoming a venison butcher. From the needless dread of
_selling_ justice, your lordship _delays_ it. I withdraw my record.'"
As far as good taste and dignity were concerned, the gentleman of the
West Country was the victor in this absurd contest: on the other hand,
Hale had the venison for nothing, and was relieved of the trouble of
hearing the cause.
In the same manner Hale insisted on paying for six loaves of sugar which
the Dean and Chapter of Salisbury sent to his lodgings, in accordance
with ancient usage. Similar cases of the judge's readiness to construe
courtesies as bribes may be found in notices of trials and books of
_ana_.
_A propos_ of these stories of Hale's squeamishness, Lord Campbell tells
the following good anecdote of Baron Graham: "The late Baron Graham
related to me the following anecdote to show that he had more firmness
than Judge Hale:--'There was a baronet of ancient family with whom the
judges going the Western Circuit had always been accustomed to dine.
When I went that circuit I heard that a cause, in which he was
plaintiff, was coming on for trial: but the usual invitation was
received, and lest the people might suppose that judges could be
influenced by a dinner; I accepted it. The defendant, a neighboring
squire, being dreadfully alarmed by this intelligence, said to himself,
'Well, if Sir John entertains the judge hospitably, I do not see why I
should not do the same by the jury.' So he invited to dinner the whole
of the special jury summoned to try the cause. Thereupon the baronet's
courage failed him, and he withdrew the record, so that the cause was
not tried; and although I had my dinner, I escaped all suspicion of
partiality."
Public-domain text, read in full here on John Shaqi.
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