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The present Chief Justice of England believes, dered fair terms. He lived cheaply in London, certainly, that his biographical works are speci- and dined, when he could leave the Temple, for mens of the best style in which that description of sevenpence-halfpenny, and a halfpenny to the waithistory can be written. We learn, from several ress, in the neigbourhood of Chancery-lane, where statements in this third volume, that he expects the feat may still be accomplished ; although the some person to perform the like service for him. greater number of customers make the second item self that he has done for others. Still he alleges a penny, as Mr. Lloyd Kenyon, who was an the most complete impartiality in his works, and economical yet a just man, would have done, if casts himself upon posterity with confidence, in he had known that the place was bought and paid his capacities alike of barrister, historian, and. for. judge. His third volume contains the lives of Waiters and waitresses in these coffee shops pay Lords Kenyon, Ellenborough, and Tenterden. handsomely for leave to serve. One city man in Two of the three were of lowly, but not "low" that trade is said recently to have been driven in origin, and lord chief justices are generally men from his country place every morning in his own who have carved their own way in the world. phaeton by his own two ponies; and to have deLord Campbell is not an exception to the general parted at night in the same style. Bat he was an rule. He is one of the many sons of Scotch artiste in bis profession, who excelled in pleasing manses, who have brought honour to their train- his customers, and receiving from them acknowing; yet he was not a remarkably precocious | ledgments of the most substantial kind for his young man, but plodded like others for many services. We remember one waitress in a small years, before he became Attorney-General of coffee-house, who resigned her occupation, because England and member for Edinburgh.

she could not afford to pay her master more than Lord Kenyon, the first of the chief justices eighteen shillings weekly, for leave to do his work; whose lives are recorded in this volume, was the while another had offered twenty shillings. One second son of a Welsh squire, who was a Justice hundred years ago matters were differently ordered; of the Peace for Flintshire, and proprietor of the and the value of the perquisite system was anestates of Bryn and Gredington, in the parish of known, or Mr. Kenyon would have paid the penny, Hanmer and the county named. These estates, exacted by the common habit and repute of these even when united, were not of great importance, places. but, as acquisitions by matrimony, they were evi- He was called to the bar in 1754, but he did dences that the Kenyons prospered in one branch not make any figure or much money for a nomber of the business of life--the father and the grand- of years ; nor until Mr. Dunning, a barrister, with father of the Chief Justice married well. The more briefs than brains, employed him to abridge grandfather married Bryn, and the father Greding his briefs, and thus to afford him a general vies of ton. That official was, however, only a second the cases that he had to plead. Mr. Dunning son; and having been taught a little Latin, less paid nothing for this labour; but it introduced arithmetic, and no Greek, he began the world as his fag to attornies, who employed Kenyon as a an attorney's clerk at Nantwich. Our society of chamber counsel and paid him small sums for his advocates in Scotland require the juvenile aspi- opinions. They were good law, but unsatisfactory rants for briefs to work through a dreary curri. to the profession, because they were very short, and culum at one of the universities, before they can produced only a small price for copies. pass to the bar. The barristers—their contempo- Mr. Kenyon was employed ultimately to do for raries—in England, were less particular once, and Thurlow, on the bench, the sort of work that he passed any man who, after eating a certain number had performed for Dunning at the bar, and the of dinners, and paying for them, was able to stand Lord Chancellor, anxious to repay him in some an examination of a superficial nature. The only form, and confident of his legal knowledge, made difference between the student of law who had, him Chief-Justice of Chester, when the office fell and the student who had not, taken a degree at into his gift, and the situation was satisfactory to any university, was in the latter being required to the Welsh barrister, because it included North study law for five years. Mr. Lloyd Kenyon was Wales in its circuit. This good fortune came to born in 1732, and was turned into Brick Court, Kenyon in 1780, and in the autumn of the same Temple, in 1750, to pass through his probation of year he was elected to Parliament for the borough five years. This transfer to the bar from the desk of Hindon, in Wiltshire. Mr. Kenyon was not a was made practicable by the death of his elder good speaker, and never addressed" juries to adbrother, when the attorney's clerk became heir vantage, yet he was counsel for Lord George Gorapparent to the family estates—small estates—in don, when he was tried on the charge of high Flintshire; and his old master in Nantwich re- treason, originating in the celebrated No-Popery fused to make him a partner, on what he consi- | riots. To the advocacy of the other counsel in

* London: John Murray. 1 Vol.

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the cause, Mr. Erskine, Lord George Gordon was future, and to confine himself more closely to his indebted, however, for his acquittal. In 1782, judicial functions. In 1788 Lord Mansfield reMr. Kenyon was appointed Attorney-General, signed his seat on the Bench as Chief Justice; under Lord Rockingham's administration, through and Mr. Pitt gave the appointment to the Master the kindness of his friend, Lord Thurlow, who was of the Rolls, who was also elevated to the peerstill Lord Chancellor, and who believed that the age. Government had more need of a good lawyer than Lord Kenyon's legislative career, both in the of a fine orator in that office.

lower and the upper house, was distinguished by The Rockingham cabinet was a coalition Go- hatred to change of all kinds, and almost upon vernment, and as is usual in such cases, was dis- any subject. He was especially opposed to Mr. united, for the Attorney-General insisted on bring. Fox's bill to amend the law of libel; although it ing in a bill to render the public servants, or their was supported by Mr. Pitt's Government. And executors and heirs, liable to pay interest for the he sought to maintain the old fiction, that the balances of money that had remained in their falsehood or truth of the libellous matter did not hands from time to time; although the measure decrease or increase its obnoxious character in the would have ruined Charles James Fox, who was eyes of the law. He was also anxious to oppose then a Secretary for State in the same ministry. any change of the law by which the jury could

This seems to have been a pet measure of the express an opinion respecting the character of the Attorney-General's, who insisted upon its per- matter published, and he wished to leave that formance, alike in office and in opposition, al- privilege entirely with the judge. though its justice may be doubted, since the pay- In 1797 he opposed Lord Moira's “bill to masters were compelled to account for the money abolish imprisonment for debt” (sic), as Lord Campin their names, even if it had been lost by open bell himself writes, in making extracts from his investment—as with their bankers, for example. predecessors sic in the original. Lord Kenyon's

Seeing, then, that the nation rau no hazard, it opposition to the proposal was a difficulty that may be, and it was argued, that they had no right should have been anticipated. A charge of a very to know how the paymasters invested balances, for annoying character, was, during the discussion, which they had given security.

preferred against him personally, It was alleged When the Rockingham ministry were broken that in his official capacity as Chief-Justice, he up, Fox and Kenyon parted company. They were derived a profit from the sale of beer and spirits most dissimilar in their character, and the wonder to the prisoners in the Court of King's Bench. how the Rockingham Government lived even for a The charge was contained in a petition presented time with such discordant elements has never been to the House, and although many abuses existed solved. The lawyer rode his hobby on, not against in the last century, as many still exist; and Lord the paymasters, who were supposed to speculate Kenyon was a miser, and held money in high estiwith the balances of public money in their hands, mation ; yet he was an honest man, and, perhaps, alone; but against the ghosts of all who had ever above the acceptance of fees or perquisites from had a balance of public funds, or against their the source indicated. His bitter and indignant heirs and executors. Private pique may have had denial of the assertion was not, however, requisite something to do with this excessive zeal for the to give vigour to his opposition to the bill; and five per cents.; and at any rate the Kenyons were he said that “For the public good, I am clearly of a clean-handed family. They had not been en- opinion that imprisonment for debt should conriched by the pickings of interest on public tinue.” balances in their hands; and their representative Lord Campbell adds that “The bill was thrown was unsuccessful in obtaining for the public those out by a majority of 37 to 21, and did not pass returns which he earnestly and frequently sought. till above forty years afterwards, when I had the

A contested election for Westminster, in which honour to re-introduce it.” Mr. Fox appeared to be the successful candidate, We entertain high respect for Lord Campbell was followed by a scrutiny that, from the noto. as a law reformer, but we were not aware that a riety of the candidate, engaged the attention of bill had yet passed “to abolish imprisonment for the public, for it threatened to outlive the parlia- debt.” On the contrary, the old system exceedment. Sir Lloyd Kenyon, who, in 1784 had been ingly flourishes. If any one of our readers choose appointed Master of the Rolls, was one of Mr. to get into debt for more than twenty pounds, and Fox's strenuous and stubborn opponents; and he cannot pay the money, he may learn soon that defended the scrutiny in and out of Parliament, Lord Campbell is entirely mistaken in his claim with the violence of an imprudent partisan. Mr. for credit, on account of passing a bill to abolish Scott, afterwards Lord Eldon, although he bitterly imprisonment for debt. A bill was passed to opposed the politics of Mr. Fox, supported him in abolish imprisonment for debts under twenty this instance, and held that the scrutiny was con- pounds; but Lord Brougham and other law reducted in a most objectionable manner, because it formers allowed a clause to creep into the bill was evidently intended to spend money and time. for establishing county courts, which gave power The odium caused by the transaction induced Sir of imprisonment to their judges, for all amounts Lloyd Kenyon to meddle less with politics for the within their jurisdiction, and for any period.

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Thus, barristers of inferior standing to the judges, Such was the general opinion respecting the infirmity of in the supreme courts of England, were armed his temper, that the following anecdote was eirculated and with a power which the learned fathers of the bar believed, although the epigrammatic point, and the rudeness

which it imputes to George the Third, were equally at varidid not possess ; and some of them used that

ance with the character of that royal personage : " Lord power in a manner so relentless as to make other Kenyon being at the levee, soon after an extraordinary members of the legal profession ashamed of it; explosion of ill hamour in the Court of King's Bench, his and an act to abolish it passed in the last Majesty said to him, “My Lord Chief-Justice, I hear that session of Parliament ; but the City County Court you have lost your temper, and from my great regard for was not named in the act, and being omitted by you, I am very glad to hear it, for I hope you will find a

better . this accident, its presiding genius goes on imprisoning, as the only man in England who has the

As this anecdote should have its antidote, we power, for debts under twenty pounds.

may add that George the Third had great confiA biography of Chief-Justices

, written by a dence in and regard for the Chief-Justice, whose Chief-Justice, will be considered an authority on loyalty would not on his part have been law a hundred years hence; and the present shaken by any number of rebukes from the royal Chief-Justice should have been more careful than lips. His knowledge of English law gave him the to say that more than forty years after 1797 ;-abill respect of the bar, who believed in his judgments passed which he had the honour of re-introducing while they ridiculed his quotations and submitted to abolish imprisonment for debt. The only to his temper. way open to the learned author of correcting this His biographer, says :error, without a new edition, is to lose no time in

All these failings, nevertheless, were much more than carrying a bill for that object through Parliament counterbalanced by his professional learning, his energy, and in the next session. We are now sixty years after his probity, so that he was not only admired by common 1797, and next year we will be sixty-one years in jurymen who were on a level with him as to general acadvance of that date, but "more than forty years

quirements, and with whose feelings and prejudices he symwill cover the exact time with one half over; | minster, owned his superiority, the bar succumbed to his

pathised, but his brother judges, in all the Courts at Westand the book may be rendered correct after the despotic sway, and the public

, while they laughed at his autumn of 1858 by this step.

peeuliarities, confided in him and honoured him. I can Lord Kenyon was a favourite at court, because hardly point out any principle on which he openly prohe adopted conscientiously all the views of Georgeforcement of the rule, that in the possessory action of eject

fessed to differ from his predecessor, except the rigid en. the Third ; yet that monarch occasionally reprovedment the legal estate shall always prevail. his Chief Justice for the failings, and the faults exhibited by him on the bench.

Lord Kenyon had an unfortunate liability to The Chief-Justice was not a learned man, Latin quotations, notwithstanding the monarch's although by courtesy he had the title ; but he warning; and he continued it to the end. In was addicted to the use of Latin quotations, as trying a prosecution against the late Mr. Perry, many other persons are, who comprehend them for a libel which was said to be contained in a dimly. The quotations were misplaced occa

copy of the Morning Chronicle, he referred to the sionally, and these errors were bluntly men.

defence set up, that the same sheet contained untioned by the King, if the following anecdote be exceptionable matter, even according to the state correct :

of the law in those days, and told the jury that The misfortune of his defective education now became “there may be morality and virtue in this paper ; more conspicuous, for he had not acquired enough general and yet apparently latet anguis in herbá.” But the knowledge to make him ashamed or sensible of his ignorance, jury would, perhaps, have as fully understood the and without the slightest misgiving, he blurted out observa- direction of the judge, if he had told them, that tions which exposed him to ridicule. He was particularly after all there lurked a snake among Mr. Perry's fond of quoting a few scraps of Latin which he had picked up at school, or in the attorney's office, without being aware grass ; and with that gentleman's consent. He of their literal meaning. Io addition to the “modus in

even coined novelties; and, in charging the jury rebus," he would say that, in advancing to a right conclu- empanelled to try John Reeve for a libel on the sion, he was determined" stare super antiquas vias," and English constitution, he began one sentence by when he declared that there was palpable fraud in a case, he

saying, “The quo animo, which the prosecution would add apparently " latet anguis in herba.”.. At last imputes to the defendant's is this.". Indeed, quo George the Third, one day at a levee, said to him, “ My animo as a noun was rather a favorite with Chief lord, by all I can hear, it would be well if you would stick to your good law, and leave off your bad Latin,” but this Justice Kenyon; but his biographer and historian advice, notwithstanding his extraordinary loyalty, he could delights in the recapitulation of these stories. not be induced to follow.

Lord Kenyon's love for modus in rebus, in and out Bad Latin was not the only objection to the of place, is apparent from more than one anecdote. Chief-Justice at Court, he had also a bad temper; Then his error regarding Julian the Apostate, and George the Third is said to bave rebuked that committed in his charge on the trial of Williams, fault in a pointed and rude style. The saying has for publishing Paine's Age of Reason, is twice been ascribed to less notable personages than that told, first at page 57, in the following form :monarch, and we consider, with the author, this

" Christianity,” said he," from its early institution puest anecdote apocryphal.

with its opposers. Its professors were very soon called was very bitter, and to his dying day he hated Law. But saved the expense of a diphthong!"

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So he was,

apon to publish their ' Apologies' for the doctrines they had A graver fault was his indulging in partialities and antiembraced. In what manner they did that, and whether pathies against particular barristers. Erskine was his pet ; they had the advantage of their adversaries, or sunk under he delighted to decide in favour of this popular advocate, the superiority of their arguments, mankind, for nearly two and when obliged to overrule him, he would give his head a thousand years, had an opportunity of judging. They have good-natured shake, and say with a smile, “It won't do seen what Julian, Justin Martyr, and other apologists have Mr. Erskine-it won't do.” Law, on the contrary, was so written, and have been of opinion that the argument was snubbed by him, that at last he openly complained of his in favour of those publications."

constant hostility, in the well-known quotation :-

Non mea tua fervida terrent The error was very ridiculous from that place

Dicta, ferox [pointing to Erskine] Di me terrent and at that time, yet the purpose of its narration

[pointing to the Bench] Et JUPITER hostis. would have been served without the reproduction at page 88, of the following passage from Coleridge's at great length; but this time, in the life of Lord

Again, at page 133, the whole story is repeated Table-Talk:

Bat some of the stories circulated respecting his his. Ellenborough, and with the intimation that Chief torical allusions and quotations must have been exaggera

Justice Kenyon did not understand Latin, so as tions or pare inventions. Thus, Coleridge, in his “ Table to take the sarcasm out of the quotation, but Talk," relates that Lord Kenyon, in addressing the jury in a considered himself complimented. blasphemy case, after pointing out several early Christians upon Mr. Erskine's principle, who when one of who had adorned the gospel, added, “ Above all

, gentlemen, his clients was prosecuted for defaming the chaneed I name to you the Emperor Julian, who was so celebrated for every Christian virtue, that he was called JULIAN racter of a noble lord by declaring that he might THE APOSTLEP” So, in the collection of legal anecdotes, sit for a portrait of Satan, insisted that the insinuentitled “ Westminster Hall,” the noble and learned lord is ation was hugely flattering, and quoted Milton in represented as concluding an elaborate address on dismissing support of his opinion that the personal appeara grand jury, with the following valedictory address :" Having thus discharged your consciences, gentlemen, you tual; and any peer in the land might be proud of

ance of Satan was most fascinating and intellecmay retire to your homes in peace, with the delightful consciousness of having performed your duties well, and may the comparison. Mr. Law of the following lay your heads upon your pillows, saying to yourselves quotation became in after years Chief Justice, and " Aut Casar aut nullus."

Lord Ellenborough. No doubt can exist that Coleridge embellished From the oratorical school in which he was exercised, these anecdotes, and their reappearance here is while representing Warren Hastings, he actually improved unnecessary for any ordinary biographical object. in his style of doing business; and by the authority he Stupid repetitions of the same anecdote, or an

acquired he was better able to compete with Lord Kenyon,

who bore a strong dislike to him, and was ever pleased with anecdote in similar language, occur frequently.

an opportunity to put him down. This narrow-minded and Thus, we have the story of the diphthong, the last ill-educated, thongh learned and conscientious Chief Justice, of Lord Kenyon's acts on earth-told where it had no respect for Law's classical acquirements, and had been should be told, if told at all, at page 23 :

deeply offended by the quick-eared Carthusian laughing at

his inapt quotations and false quantities. Erskine, who If we can believe his immediate successor, who had a

had more tact and desire to conciliate, was the Chief Justice's fair character for veracity, Lord Kenyon studied economy especial favourite, and was supposed to have his “ear" or even in the hatchment, put up over his house in Lincoln's.

"the length of his foot.” Law having several times, with inn-fields after his death. The motto was certainly found no effect, hinted at this partiality, after he had gained to be “ Mors Janua Vita,” this being at first supposed to much applause by his speech upon the Begum charge, openly be the mistake of the painter. But when it was mentioned | denounced the injustice by which he suffered. In the course to Lord Ellenborough, “ Mistake!" exclaimed his Lordship, of a trial at Guildhall, he had been interrupted by the Chief " it is no mistake. The considerate testator left particular | Justice while opening the plaintiff's case, whereas Erskine's directions in his will that the estate should not be burdened address for the defendant was accompanied by smiles and with the expense of a diphthong."

pods from his lordship, which encouraged the advocate, conLord Campbell's solemnity in the matter is alto. trary to his usual habit, to conclude with some expressions gether unnecessary.

of menace and bravado. Law, having replied to these with "If we can believe." What

great spirit and effect, thus concluded :are we to believe? A joke of Lord Ellenborough's,

“ Perhaps, gentlemen, I may without arrogance assume and a rather coarse one, which we assuredly are that I have successfully disposed of the observations of my not expected to believe ; although it is one at learned friend, and that the strong case I have made for my which some people will laugh, while Lord Camp.client remains unimpeached. Still

, my experience in this bell has probably sent to a house and sign painter's, court

renders me fearful of the result

. When I have finished,

the summing up is to follow." for the purpose of ascertaining the difference be

Looking at Erskine, he exclaimed, tween painting A and Æ diphthong.

"Non me tua fervida terrent We have the same thing repeated at page


Dicta, ferox.” in the life of Lord Ellenborough :

He then made a bow to the Chief Justice, and as he sat

down he added, in a low and solemn tone, Being told that the undertaker had made a foolish mis

“Difme terrent et JUPITER Hostis.'” take in the hatchment, put up on Lord Kenyon's house after

Lord Kenyon, thinking that the quotation must be apolothe death of that fragal Chief-Jastice, “ Mors Janua Vita," getical and complimentary, bowed again, and summed up im- . his successor exclaimed, “No mistake at all, sir—there is no mistake; it was by particular directions in his will. It partially. When it was explained to him, his resentment

henceforth he stood in awe of him, and treated him more Lord Kenyon preferred Erskine to Law, and courteously. we have two editions of another Latin story We still say that Lord Kenyon was compliarising out of that circumstance.

mented by being compared to Jupiter.

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The same tendency to repeat stale jokes runs the ground of insanity. The trial was remarkable, through all the work; and yet we are informed if Lord Campell be correct in saying that Erskine's that the life of Lord Kenyon was commenced in ablest speech perhaps, “and therefore the finest 1849, when the biographer bad the near prospect speech ever delivered at the English bar," was of being himself a Chief Justice of England, and made that day. It was also a remarkable trial that is now a long time since-viz., eight years from the nature of the defence, and from the precisely on the 12th current, a period during detention of the prisoner, without any law to warwhich, in these busy times, a man might correct rant that course. “But the statutes 46 George many pages of manuscript. We might also expect III., chapters 93, 94 were passed,” legalising the literary precision from a lawyer who entered the detention in this and all similar cases. Court of King's Bench, fifty-seven years past, the Lord Kenyon had a bitter hatred towards all 28th of June. “Being then a hoy,” (sic) in the the vices of the press, and those general in “ this text, as the biographer says. “Then a boy !" | libertine age,” and he confounded invariably the Well, our boyhood was cut short at fourteen or nature of a civil action for damages with the fifteen years of age, or somewhere there; and we criminal punishment which the defendant might opine that the present Chief Justice of England or might not have incurred. He tried one case never saw London, during the years when it would against the Morning Post in which the jury gave have been true to say of himself “ being still a £4,000 of damages to Lady Elizabeth Lambert, boy." We can forgive any lady under four score because that journal had stated that “she had the vanity of cutting four or five years from her made a faux pas with a gentleman of the shoulder age, by saying, respecting any particular time, knot.” The damages were excessive in one respect, " being then a girl," when she really was mar- but they could scarcely be called improper, seeing riageable, and, probably, was married. But a that Lord Campbell says it was “the very infamous Chief Justice is not entitled to this indulgence, practice of some fashionable journals to invent not being an old woman. His Lordship's first scandalous stories of persons in high life", and visit, “ being then a boy,” to the Court of King's other persons in high life must have liked to read Bench, may be described in bis own language-- them; but, for the story in question, the defendant only for the pleasure of learning something new, confessed that no ground existed, while his parathat is how a notion may be inspired. Mr. Grant, graph was inadvertent, and proceeded upon misinthe Solicitor-General, it will be observed, according formation. to the author, “inspired notions.” Now, a notion,

Lord Kenyon proposed to snppress gambling, peradventure, might be an inspiration ; but how and recommended the prosecution of "fashionable itself could ever become the subject of inspiration, gaming establishments” as common nuisances," requires a man in scarlet and ermine, along with a adding, that "if auy such prosecutions are fairly collar of SS, to explain.

brought before me, and the guilty parties are con

victed, whatever may be their rank or station in On the 28th June, 1800, being yet a boy, for the first time in my life I entered the Court of King's Bench, and

the country, though they may be the first ladies in with these eyes I beheld Lord Kenyon. The scene was by the land, they shall certainly exhibit themselves in no means so august as I had imagined to myself. I expected the pillory." to see the judges sitting in the great hall, which, though The Earl of Carlisle of that day referred in his very differently constructed for magnificence, might be place in the Peers to this threat, talked of " legal compared to a Roman foram. The place where the trial was going on was a small room enclosed from the open monks,” who “thought that they must be virtuous space at the south-east angle, and here were crowded toge in proportion as they were coarse and ill-manther the judges, the jury, the counsel

, the attorneys, and the nered”—and the Chief Justice retaliated with the reporters, with little accommodation for bystanders. My declaration that “the judges of the land see much great curiosity was to see Erskine, and I was amazingly more of actual life on their circuits, and in WestStrack by his voble features and animated aspect. Mitford

, minster Hall, than if they were shut up in gaming the Attorney-Genoral, seemed dull and heavy; but Grant, the Solicitor-General, immediately inspired the notion of ex

houses and brothels.” traordinary sagacity. Law looked logical and sarcastic. Forestaling and regrating" he opposed with Garrow verified his designation of “the tame tiger." There extreme severity; and although the statutes against were five or six rows of counsel, robed and wigged, sitting the ordinary business of wholesale dealers in prowithout the bar-but I never heard the name of any of these mentioned before. I was surprised to find the four visions had been repealed, yet he caught this class Judges all dressed exactly alike. This not being a saint's under his interpretation of the common law of the day, the Chief Justice did not wear his collar of SS to dis. land. Buying provisions to resell to the continguish him from his brethren. There was an air of supe- sumers he allowed to be legitimate commerce, as riority about him, as if accustomed to give rule--but his the farmer could hardly sell the produce his physiognomy was coarse and contracted. Mr. Justice Grose's aspect was very foolish, but he was not by any means a

farm by retail ; but any buying of provisions, with sool, as he showed by being in the right when he differed

a view to resell to a dealer at an advanced price from the rest. Mr. Justice Lawrence's smile denoted great he declared had a direct tendency to deprive the acuteness and discrimination. Mr. Justice Le Blanc looked poor of the necessaries of life, and therefore prim and precise.

blinked upon murder;" and Lord Campbell “ is The court had assembled to try Hadfield for ashamed to say that most of the puisne judges shooting at George III. He was acquitted upon participated in the hallucination of the Chief

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