grudges
In deep, deep draughts o' claret, and a' your senses tae,
Nae chatter wise or witty
On ticklish points o' dittay,--
The days o' my Circuits are a' fled away.
Nae high-jinks after dinner
Wi' ony madcap sinner,
Nae drinking whisky-toddy until the break o' day,
Nae speeches till a hiccup
Compels a sudden stick-up,--
The nichts o' my Circuits are a' fled away.
Lord Hermand's manner on the Bench conveyed the impression that he was
of an impatient, almost savage temper, but in his domestic circle he was
one of the warmest-hearted of men, and one with the simplest of tastes.
His outbursts on the Bench, too, were emphasised by what, in Scotland,
was called "Birr"--the emphatic energy of his pronunciation--which may
be imagined but cannot be transcribed in the following dialogue between
him and Lord Meadowbank.
Meadowbank: "We are bound to give judgment in terms of the statute, my
lords."
Hermand: "A statute! What's a statute? Words--mere words. And am _I_ to
be tied down by words? No, my laards; I go by the law of right reason."
He was a great friend of John Scott (Lord Eldon). In a case appealed to
the House of Lords, Scott had taken the trouble to write out his speech,
and read it over to Hermand, inviting his opinion of it. "It is
delightful--absolutely delightful. I could listen to it for ever," said
Hermand. "It is so beautifully written, and so beautifully read. But,
sir, it's the greatest nonsense! It may do very well for an English
Chancellor, but it would disgrace a clerk with us." The blunder that
drew forth this criticism was a gross one for a Scottish lawyer, but one
an English barrister might readily fall into.
It was put forward in mitigation of the crime that the prisoner was in
liquor when, either rashly or accidentally, he stabbed his friend. While
the other judges were in favour of a short sentence, Lord Hermand--who
had no sympathy with a man who could not carry his liquor--was vehement
for transportation: "We are told that there was no malice, and that the
prisoner must have been in liquor. In liquor! Why, he was drunk!... And
yet he murdered the very man who had been drinking with him! Good God,
my laards, if he will do this when he is drunk, what will he not do when
he is sober?"
On one of Lord Hermand's circuits a wag put a musical-box, which played
"Jack Alive," on one of the seats of the Court. The music struck the
audience
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