Rank and Talent; A Novel, Vol. 1 (of 3)Scargill, William Pitt
General
Rank and Talent; A Novel, Vol. 1 (of 3)
Scargill, William Pitt
England -- Social life and customs -- 19th century -- Fiction
The plaintiff’s attorney had put his brief into the hands of the young
barrister; the defendant had retained a more experienced advocate, one
well versed in the theory of the law, and, what is far more to the
purpose, deeply skilled in the ways of the world, and the practice of
courts--one who had the professionally desirable art of mystifying a
jury, and of persuading twelve men out of their senses--one who would
be sure of every cause he undertook, were it not for the summing up of
the judge--one who, by means of a loud voice and swaggering manner,
was a terror to nine-tenths of the simpletons who entered the witness’
box--one who never cross-examined a female witness without making her
blush, or terrifying her to tears--one who could talk very solemnly
about “our holy religion,” and could convert into a joke the clearest
principles of morality, or the deepest sufferings of humanity. It was
a great amusement to the country people and the county magistrates to
hear this very clever man; and poor old Richard Smith was very much
alarmed when he found what a dexterous and terrific adversary was
employed against him, and he expressed his fears to his own attorney,
who comforted him by saying, “Had your cause been a bad one, I would
have retained Mr. ----.”
After one or two causes had been disposed of, that of Smith _versus_
Martindale was called. Then, for the first time, and in his native
town, did Horatio Markham open his lips in a court of justice.
Notwithstanding the profound and anxious silence which prevailed in the
court, scarcely one-half of the persons there could hear distinctly the
commencement of his speech; but by degrees he gained confidence, and
his voice was more audible. The audience, however, was not very highly
pleased with what he said. Many thought that he stated the case much
too feebly. Some thought that he was afraid of the defendant’s counsel;
and others thought he was fearful of offending the defendant himself.
The Hon. Philip Martindale, who was on the bench, listened with but
slight attention to the speech; and when it was finished, honoured it
with a contemptuous sneer. This sneer was reflected in most courtly
style by the gentlemen who sat on either side of him; the high-sheriff
was one, and a clerical magistrate was the other.
Witnesses were then called to prove the case. From them it appeared
very clear that the Hon. Philip Martindale had, upon very defective
evidence, and against very credible evidence, committed Richard Smith
to jail as a poacher; and the said Hon. Philip Martindale had also with
great severity, not to say cruelty, struck the said Richard Smith,
in order, as the defendant had said, to punish the old man for his
insolence. What this insolence was, would not have appeared to the
court, had it not been for the dexterity of the defendant’s counsel, in
cross-examining one of the plaintiff’s witnesses.
Public-domain text, read in full here on John Shaqi.
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