For many years Tooke was the terror of judges, ministers of state, and all constituted authorities. When put on trial for his life (for treason), "so far from being moved by his dangerous position, he was never in more buoyant spirits. His wit and humour had often before been exhibited in Courts of Justice; but never had they been so brilliant as on this occasion. Erskine had been at his request assigned to him as counsel; but he himself undertook some of the most important duties of his advocate, cross-examining the witnesses for the Crown, objecting to evidence, and even arguing points of law. If his life had really been in jeopardy, such a course would have been perilous and rash in the highest degree; but nobody in court, except, perhaps, the Attorney and Solicitor-General, thought there was the slightest chance of an adverse verdict. The prisoner led off the proceedings by a series of preliminary jokes, which were highly successful. When placed in the dock, he cast a glance up at the ventilators of the hall, shivered, and expressed a wish that their lordships would be so good as to get the business over quickly as he was afraid of catching cold. When arraigned, and asked by the officer of the court in the usual form, how he would be tried? he answered, 'I _would_ be tried by God and my country--but----' and looked sarcastically round the court. Presently he made an application to be allowed a seat by his counsel; and entered upon an amusing altercation with the judge, as to whether his request should be granted as an indulgence or as a right. The result was that he consented to take his place by the side of Erskine as a matter of favour. In the midst of the merriment occasioned by these sallies, the Solicitor-General opened the case for the Crown."[42] [42] Massey's _History of England_.