y and insolence he argues and
battles the point, whatever it may be.

[Page Head: LORD BROUGHAM AND THE PRIVY COUNCIL.]

_Afternoon._ I am just come from the court. Lushington finished
his speech at two, and when Pemberton was about to reply Brougham
announced that he must go away to the London University, where he
was to distribute prizes. The consequence was that the reply was
deferred till next Wednesday, and the parties will be put to the
expense of L60 more. His conduct to-day was exactly of a piece
with that which he has exhibited throughout the trial. With all
the ingenuity and astuteness of which he is master he has
attacked every part of the respondent's case; and, to do him
justice, he has often displayed great acuteness and expressed
himself with admirable force and precision; but it was the
conduct of an advocate and not of a judge, and a much better
advocate has he been for Swift than either of those he retained.
(Pemberton, however, conducted the case with consummate skill and
judgment.) He finished by declaring that as far as he was
concerned he should not desiderate a reply, except on one or two
points on which he wished to hear it. After the court broke up
Baron Parke came into my room and asked my opinion, at the same
time telling me his own, which was as decidedly against the girl
as Brougham's. I argued the case with him, especially the points
which Lushington failed to enforce as strongly as I think he
might have done, but his mind was made up. Shadwell, on the
contrary, leans the other way, and agreed with me in my view of
it. It is, however, very clear that nothing can prevent the
reversal of Sir John Nicholl's judgment; for Erskine will very
likely go with Brougham and Parke, and if he does not Lord
Lansdowne undoubtedly will; but if I were to attend this court a
hundred years I should never forget the conduct of Brougham on
this trial. My disgust would not have been a jot less had he
espoused the same side that I do; and if I were myself engaged in
a suit, and he were to take up my own cause in such a barefaced
and outrageous manner, with such an utter contempt of dignity and
decency, I should feel the utmost shame at such partiality,
though exerted in my behalf.

June 30th, 1835 {p.268}

I went to Melbourne on Sunday and carried him my case.[9] He told
me he had already desired Spring Rice to speak to Baring on the
subject, and I believe he will do what he can; but these great
people,