it, and indicated our opinion
to that effect to the unhappy client.
He turned from us with a sad look, as if desperation had seized him,
and then, with tears in his eyes, asked Clarkson if he thought it
advisable for him to _surrender_ and take his trial.
"My good man," said Clarkson, "it is my duty as a loyal subject to
advise you to surrender and take your trial, _but, if I were in your
shoes_, I'll be damned if I would!"
The man, however, for some reason or other, _did_ surrender like a
good citizen, and the man who did not appear was his own leading
counsel Clarkson. He never even looked in, and the conduct of the
case, therefore, devolved on me. I did my best for him, however, and
succeeded. The man was acquitted.
Not content with this piece of good fortune, for such indeed it
was, he was ill-advised enough to bring an action for _malicious
prosecution_. Lord Denman tried it, and told him it was a most
impudent action, and he was astonished that he was not convicted.
During this conversation another, of no little importance, took place,
and Lord Westbury is reported to have said,--
"I did not assert that the House of Lords had abolished hell with
costs, although I have no doubt that the large majority would gladly
assent to any such decree--all, in fact, except the Bishops."
As I never listen to after-dinner theology, I forbear comment on this
subject; but before this time there had been a curious action brought
by a churchwarden against his vicar for refusing to administer the
Sacrament to him, on the ground that he did not believe in the
personality of the devil. After the decisions in the courts below, it
was finally determined by the House of Lords that the vicar was wrong.
Hence it was that Westbury was reported to have said that the House of
Lords had abolished hell with costs. "What I did say," said Westbury,
"was that the poor churchwarden who did not at one time believe in the
personality of the devil returned to the true orthodox Christian faith
when he received his attorney's bill."
Turning to me, his lordship said,--
"My dear Hawkins, you shall write your reminiscences, and, what is
more, they shall be printed in good type, and, what is more, the first
copy shall be directed to me."
And so it should be, if I only knew his address.
CHAPTER XLIII.
THE LITTLE MOUSE AND THE PRISONER.
I come now to a small event which occurred during my judgeship, and
which I call my li
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