The Reminiscences of Sir Henry Hawkins (Baron Brampton)Brampton, Henry Hawkins, Baron
History
The Reminiscences of Sir Henry Hawkins (Baron Brampton)
Brampton, Henry Hawkins, Baron
Brampton, Henry Hawkins, Baron, 1817-1907; Judges -- Great Britain -- Biography
I was instructed to defend a man at Hertford Sessions for stealing a
wheelbarrow, and unfortunately the wheelbarrow was found on him; more
unfortunate still--for I might have made a good speech on the subject
of the _animus furandi_--the man not only told the policeman he stole
it, but pleaded "Guilty" before the magistrates. I was therefore in
the miserable condition of one doomed to failure, take what line I
pleased. There was nothing to be said by way of defence, but I learnt
a lesson never to be forgotten.
Being a little too conscientious, I told my client, the attorney, that
in the circumstances I must return the brief, inasmuch as there was no
defence for the unhappy prisoner.
The attorney seemed to admire my principle, and instead of taking
offence, smiled in a good-natured manner, and said it was no doubt a
difficult task he had imposed on me, and he would exchange the brief
for another. He kept his word, and by-and-by returned with a much
easier case--a prosecution where the man pleaded "Guilty." It was a
grand triumph, and I was much pleased.
Those were early days to begin picking and choosing briefs, for no man
can do that unless he is much more wanted by clients than in want of
them; but I learned the secret in after life of a great deal of its
success.
I was, however, a little chagrined when I saw the mistake I had made.
Rodwell was leader of the sessions, and ought to have been far above a
guinea brief; judge then of my surprise when I saw that same brief a
few minutes after accepted by that great man--the brief I had refused
because there was nothing to be said on the prisoner's behalf. My
curiosity was excited to see what Rodwell would do with it, and what
defence he would set up. It was soon gratified. He simply admitted
the prisoner's guilt, and hoped the chairman, who was Lord Salisbury,
would deal leniently with him.
I could have done that quite as well myself, and pocketed the guinea.
From that moment I resolved never to turn a case away because it was
hopeless.
I subjoin a copy of my first brief for the prosecution.
It must be remembered that in those days the gallows was a very
popular institution. They punished severely even trivial offences,
and this case would have been considered a very serious one; while
a sentence of seven years' transportation was almost as good as an
acquittal.
_Herts.
No. 10_.
Michaelmas Sessions,
1844.
Regina
_v_.
Elizabeth Norman.
Brief for the Prosecution.
Mr. Hawkins.
I Gua.
_H. Hawkins_.
Plea--Guilty.
H.H.
Oct. 14, 1844.
Transported for 7 years.
H.H.
_Cobliam_.
Ware.
These are my notes:--
_Sep_. 20.
Mr. Page.
Silk shawl.
Apprehension.
Various accounts.
Exam. before J---- J----.
Propy found.
Mrs. Stevens,}
Mr. Johnson, } Witnesses.
I made a rule throughout my professional life to note my cases with
the greatest care.
CHAPTER IV.
AT THE OLD BAILEY IN THE OLD TIMES.
Public-domain text, read in full here on John Shaqi.
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