"I don't know that," replied Sir William Follett with a significant
smile. "But why won't your people be more careful?" And then turning to
his junior, said--"Now for the Privy Council!" And all this with such
provoking, easy, smiling _nonchalance_!
Heaven forbid that any thing here said should favour the attempt to
defeat justice by technical objections; but there is, at the same time,
much vulgar error on that subject, grounded on reasons which would tend
to subvert all rules of law and legal procedure whatever. In the case
above mentioned, the legislature had thought fit to impose on applicants
for redress under the statute in question, a duty, which through haste
or negligence had been overlooked, and which Sir William Follett's
clients had a perfect right to take advantage of, as soon as his
acuteness had detected it. To return, however. No member of the bar, let
his experience and skill have been what they might, was ever opposed to
Sir William Follett without feeling, as has been already intimated, the
necessity of the greatest possible vigilance and research to encounter
his boundless resources; his dangerous subtlety and acuteness in
detecting flaws, and raising objections; his matchless art in concealing
defects in his own case; and building up, with easy grace, a
superstructure equally unsubstantial and imposing, and defeating all
attempts to assail or overthrow it. Even very strong heads would be
often at fault, conscious that they were the victim of some subtle
fallacy, which yet they could not _then and there_ detect and expose;
and by their hazy and inconsistent efforts to do so, only supplied
additional materials for the use of their astute and skilful enemy, to
whom nothing ever seemed to come amiss; who converted every thing into
ingredients of success; whom scarce any surprise or mischance could
defeat or overthrow. A very short time before he withdrew from practice,
he was engaged at Liverpool, whither he had gone upon a special
retainer, in a very intricate and important ejectment case.
Unexpectedly he discovered, when about half-way through the case, that
his client (the plaintiff) had omitted to serve a notice upon the
defendant's attorney to produce a certain critical document, at the
contents of which it was necessary to get, in order to make out the
plaintiff's case. The objection was promptly taken by his opponent--and
to the dismay of Sir William's clients. Not so with him, however.
"You have not given a notice to produce them, eh?" he calmly whispered
to his client, and was answered with a disturbed air in the negative;
and all the court saw that Sir William was in the very jaws of a
non-suit.
Public-domain text, read in full here on John Shaqi.
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