s a judge to decide on
hearing both sides, and the counsel has no right to assume the office of
the judge. Of course, if he is made aware of any fraud in the conduct of
the case, or even suspects it, he must abandon his brief at once.
Lee's manner was of that rough and ready kind which always tells with a
jury. Once, after a very keen cross-examination, the witness charged him
with severity to one who was his relation. "Why, how do you make that
out," said Lee. The man stated the genealogy. "Well," said Lee, "I
believe you are right. I only wish, my good fourth or fifth cousin, you
would speak a little truth for the honour of the family; for not one
word of truth have you spoken yet."
Even this able man had gone many years to York without a single brief;
and even then began only on a burlesque case, fabricated by his brother
barristers.
Accuracy of recollection is obviously of peculiar importance at the bar;
but the profession has sometimes exhibited surprising instances of this
faculty. Lord Eldon spoke of Chief Justice De Grey's powers of memory as
extraordinary. De Grey suffered so much from the gout, the he used to
come into court with both hands wrapped in flannel. He thus could not
take a not. "Yet I have known him," said Lord Eldon, "try a cause that
lasted nine or ten hours, and then, from memory, sum up all the evidence
with the greatest correctness. When counsel offered any intimation of
his inaccuracy, his answer was--'I am sure I am right; refer to your
short-hand writer's notes;' and he was invariably found to be right." A
similar faculty is possessed by that very distinguished person, Lord
Lyndhurst.
It is remarkable that none of the lucky accidents which have raised so
many inferior men into prosperity ever occurred to Scott, who was yet
destined to rise to such opulence and eminence. His first steps in life
might be regarded as all but ruin. He abandoned his college, where he
had secured at least existence; and he abandoned it for a profession
proverbially hazardous, and in which, for whole years, he made nothing.
At this period, too, when scarcely able to support himself, he ran away
with a portionless wife; and thus began the world not merely helpless,
but with a new weight which has broken down many a strong mind. The
opinion of every one who took an interest in him was, that this marriage
was fatal to all his prospects. It necessarily compelled him to give up
all collegiate objects; and we re
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