d with him, to make an apology for
him. But Clerk could not resist his humorous vein by very equivocally
adding, "My client has expressed his astonishment, my Lords, at what he
had met with here; if my young friend had known this court as long as I
have, he would have been _astonished at nothing_."
A kind Perthshire correspondent has sent me a characteristic anecdote,
which has strong internal evidence of being genuine. When Clerk was
raised to the Bench he presented his credentials to the Court, and,
according to custom, was received by the presiding Judge--who, on this
occasion, in a somewhat sarcastic tone, referred to the delay which had
taken place in his reaching a position for which he had so long been
qualified, and to which he must have long aspired. He hinted at the long
absence of the Whig party from political power as the cause of this
delay, which offended Clerk; and he paid it off by intimating in his
pithy and bitter tone, which he could so well assume, that it was not of
so much consequence--"Because," as he said, "ye see, my Lord, I was not
juist sae sune _doited_ as some o' your Lordships."
The following account of his conducting a case is also highly
characteristic. Two individuals, the one a mason, the other a carpenter,
both residenters in West Portsburgh, formed a copartnery, and commenced
building houses within the boundaries of the burgh corporation. One of
the partners was a freeman, the other not. The corporation, considering
its rights invaded by a non-freeman exercising privileges only accorded
to one of their body, brought an action in the Court of Session against
the interloper, and his partner as aiding and abetting. Mr. John Clerk,
then an advocate, was engaged for the defendants. How the cause was
decided matters little. What was really curious in the affair was the
naively droll manner in which the advocate for the defence opened his
pleading before the Lord Ordinary. "My Lord," commenced John, in his
purest Doric, at the same time pushing up his spectacles to his brow and
hitching his gown over his shoulders, "I wad hae thocht naething o't
(the action), had hooses been a new invention, and my clients been
caught ouvertly impingin' on the patent richts o' the inventors!"
Of Lord Gardenstone (Francis Garden) I have many early _personal_
reminiscences, as his property of Johnstone was in the Howe of the
Mearns, not far from my early home. He was a man of energy, and promoted
improvem
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