Clerk was another type of man. In his last years Carlyle, then in his
early career, noted that “grim strong countenance, with its black, far
projecting brows.” He fought his way slowly into fame. His father had
half humorously complained, “I remember the time when people seeing John
limping on the street were told, that’s the son of Clerk of Eldin; but
now I hear them saying, ‘What auld grey-headed man is that?’ and the
answer is, ‘That is the father of John Clerk.’” He was a plain man,
badly dressed, with a lame leg. “There goes Johnny Clerk, the lame
lawyer.” “No, madam,” said Clerk, “the lame _man_, not the lame
_lawyer_.” Cockburn says that he gave his client his temper, his
perspiration, his nights, his reason, his whole body and soul, and very
often the whole fee to boot. He was known for his incessant quarrels
with the bench, and yet his practice was enormous. He lavished his fees
on anything from bric-à-brac to charity, and died almost a poor man. In
consultation at Picardy Place he sat in a room crowded with curiosities,
himself the oddest figure of all, his lame foot resting on a stool, a
huge cat perched at ease on his shoulder. When the oracle spoke, it was
in a few weighty Scots words, that went right to the root of the matter,
and admitted neither continuation nor reply. His Scots was the powerful
direct Scots of the able, highly-educated man, a speech faded now from
human memory. Perhaps Clerk was _princeps_ but not _facile_, for there
was Braxfield to reckon with. On one famous occasion, to wit, the trial
of Deacon Brodie, they went at it, hammer and tongs, and Clerk more than
held his own, though Braxfield as usual got the verdict. They took Clerk
to the bench as Lord Eldin, when he was sixty-five, which is not very
old for a judge. But perhaps he was worn out by his life of incessant
strife, or perhaps he had not the judicial temperament. At any rate his
record is as an advocate, and not as a senator. He had also some renown
as a toper. There is a ridiculous story of his inquiring early one
morning, as he staggered along the street, “Where is John Clerk’s
house?” of a servant girl, a-“cawming” her doorstep betimes. “Why,
_you_’re John Clerk,” said the astonished lass. “Yes, yes, but it’s his
house I want,” was the strange answer. I have neither space nor
inclination to repeat well-known stories of judicial topers. How this
one was seen by his friend coming from his house at what seemed an early
hour. “Done with dinner already?” queried the one. “Ay, but we sat down
yesterday,” retorted the other. How this luminary awakened in a cellar
among bags of soot, and that other in the guard-house; how this set
drank the whole night, claret, it is true, and sat bravely on the bench
the whole of next day; how most could not leave the bottle alone even
there; and biscuits and wine as regularly attended the judges on the
bench as did their clerks and macers. The pick of this form is Lord
Public-domain text, read in full here on John Shaqi.
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