e judges who in later times are called on to preside on
similar occasions. The disturbed temper of the times and the daring
spirit of the political offenders seemed, he thought, to call for a bold
and fearless front on the part of the judge, and Braxfield was the man
to show it, both on the bench and in common life. He met, however,
sometimes with a spirit as bold as his own from the prisoners before
him. When Skirving was on trial for sedition, he thought Braxfield was
threatening him, and by gesture endeavouring to intimidate him;
accordingly, he boldly addressed the Bench:--"It is altogether
unavailing for your Lordship to menace me, for I have long learnt not to
fear the face of man." I have observed that he adhered to the _broadest_
Scottish dialect. "Hae ye ony coonsel, man?" he said to Maurice Margarot
(who, I believe, was an Englishman). "No," was the reply. "Div ye want
to hae ony appinted?" "No," replied Margarot; "I only want an
_interpreter_ to make me understand what your Lordship says." A
prisoner, accused of stealing some linen garments, was one day brought
up for trial before the old judge, but was acquitted because the
prosecutor had charged him with stealing shirts, whereas the articles
stolen were found to be shifts--female apparel. Braxfield indignantly
remarked that the Crown Counsel should have called them by the Scottish
name of _sarks_, which applied to both sexes.
Braxfield had much humour, and enjoyed wit in others. He was immensely
delighted at a reply by Dr. M'Cubbin, the minister of Bothwell.
Braxfield, when Justice-Clerk, was dining at Lord Douglas's, and
observed there was only port upon the table. In his usual off-hand
brusque manner, he demanded of the noble host if "there was nae claret
i' the castle." "Yes," said Lord Douglas; "but my butler tells me it is
not good." "Let's pree't," said Braxfield in his favourite dialect. A
bottle was produced, and declared by all present to be quite excellent.
"Noo, minister," said the old judge, addressing Dr. M'Cubbin, who was
celebrated as a wit in his day, "as a _fama clamosa_ has gone forth
against this wine, I propose that you _absolve_ it,"--playing upon the
terms made use of in the Scottish Church Courts. "Ay, my Lord," said the
minister, "you are first-rate authority for a case of civil or criminal
law, but you do not quite understand our Church Court practice. We never
absolve _till after three several appearances_." The wit and the
condit
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