On the second day of the trial, after the usual processional circumstance, and a formal permission to the Judges to put their hats on over their wigs, Lord Wintoun was again called upon for his defence. He looked towards his counsel. His counsel looked towards him. The earl then said to the clerk, who stood near him throughout the trial, and repeated his words aloud to the House, that he was ignorant of law, and that his counsel would speak for him. Then ensued a scene that occurred more than once while the trial was in progress. The Lord High Steward complained that he had to tell the earl again and again that his counsel dared not speak except to a point of law, and that he, against whom the indictment was laid, must first state what the point of law was! He was then invited to state it. The earl answered, with the slightest touch of impatience, ‘It is impossible for me to do a thing I don’t understand. I don’t know what the point of law is no more than a man that knows nothing about it!’ At this natural remark some of the lords tittered; whereupon Lord Wintoun said with quite natural gravity: ‘I am only speaking in my own defence. I do not expect to be laughed at!’ On which words, falling amid a sudden silence, the Lord High Steward came to the earl’s support, saying with dignity: ‘I think his Lordship does observe well. I hope every one will forbear that!’ At the end of this incident, the old dialogue was renewed. Wintoun was invited to speak; he referred to his counsel; Lord Cowper explained the law and custom, till he was weary of repeating it, but Wintoun was never weary of provoking him to the tiresome process. At length, Wintoun, the Jacobite earl, asserting that it would be useless to produce his witnesses then in town, until he could bring up others from the North to corroborate them, demanded further delay. Mr. Cowper impatiently arose to press for immediate proceeding. He taunted the earl by acknowledging that he had taken the best course he could in such desperate circumstances; beating about the bush; fencing with direct questions; trying to show that he might commit treason without being a traitor;――yet being unable to disprove what had been alleged and confirmed against him. [Sidenote: _THE KING’S COUNSEL._]