Some years ago one of the Banks brought an action against some one who owed them money, and Smith was retained for the defence. He first attempted to compromise the action, but he found that his client had in some way so annoyed the directors and the manager, that they would not entertain any proposition; the case therefore stood for trial at Warwick Assizes. Smith hit upon a very novel expedient. He caused subpoenas to be served upon every clerk in the bank and upon the manager. The latter had what is technically called a _subpoena duces tecum_, in virtue of which he was under an obligation to produce at Warwick the whole of the books of the establishment. This caused great dismay, it being seen that if the trial were to go on, the business of the bank must be entirely suspended. The result was that Smith's terms were accepted, and the action was settled. During the "railway mania" of 1845 a company was formed in Birmingham for making a railway from Wolverhampton to Birkenhead, and Smith was its solicitor. The company, like many others, "came to grief." The directors were great losers, and much litigation followed. In those days there were no "winding up" arrangements, and the creditors of defunct companies had to sue individual directors to recover the amount of their claims. One action in connection with this company came on for trial at Warwick, in 1847 or 1848, before the late Mr. Justice Patteson. Mr. M. (the present Justice M.) was counsel for the defence, and Smith was a witness for the plaintiff. The Judge was deaf, and Smith's loud voice and clear replies evidently pleased him. He complimented Smith, who was soon in one of his best humours, his broad, merry face beaming with smiling good-nature. His examination-in-chief being over, Mr. M. got up, prospectus in hand, and majestically waving a pair of gold eye-glasses, said, "Well, Mr. Smith, I see by this prospectus that the solicitor of this company is John Smith, _Esquire_, Upper Temple Street, Birmingham; are _you_ 'John Smith, _Esquire_?'" Smith (with great energy): "I AM!" Mr. M. (evidently disconcerted): "Oh! very good, Mr. Smith; very good! H'm! I see by your prospectus that you had a large number of persons connected with you in this matter. You had, I see, Parliamentary agents, solicitors, London solicitors, local solicitors, consulting engineers, acting engineers, surveyors, auditors, secretary, and a variety of other officers. Had you standing counsel, Mr. Smith?" Smith (folding his arms, and with the greatest possible coolness): "No, we hadn't, Mr. M.; but I remember the subject being discussed at one of our board meetings, and I mentioned your name as that of a rising young man at the Bar, and there was some idea of retaining you."