'im; wot d'ye think o' that?"

But persons in much higher station were no less at times fond of chaff, which I always took good-humouredly. A story of Lord Grimthorpe, who, many years after, had some fun with me at times over my little Jack, will appear in his reminiscences a little farther on.

I used to lead Jack with a string in the same manner as I had done the other, for educational purposes, and Lord Grimthorpe jocularly called me Jack's prisoner. But I must let him tell his own story in his own way when his turn comes.

The Midland Circuit was always famous for its ill accommodation of her Majesty's Judges, and of late years even in the supply of prisoners to keep them from loitering away their days in idleness or lonely diversions.

I always loved work and comfortable lodgings, and may say from the first to the last of my judicial days set myself to the improvement of both the work and the accommodation.

Some Judges in their charges used to discourse with the grand jury of our foreign relations, turnips, or the state of trade; but I took a more humble theme at Aylesbury, when I informed that august body that the quarters a.s.signed to her Majesty's Judges were such that an officer would hardly think them good enough to billet soldiers in.

"My rest, gentlemen, has been rudely disturbed," said I, "in the lodgings a.s.signed to me. My bedroom was hardly accessible, on account of what appeared to be a dense fog which was difficult to struggle through. I sought refuge in the dressing-room. Being a bitterly cold night and a very draughty room, some one had lighted a fire in it; but, unfortunately, all the smoke came down the chimney after going up a little way, bringing down as much soot as it could manage to lay hold of. All this is the fault of the antiquated chimneys and ill-contrived building generally. My marshal was the subject of equal discomfort; and I think I may congratulate you, gentlemen, not only on there being very few prisoners, but also on the fact that you are not holding an inquest on our bodies."

The grand jury were good enough to say that there was "an inst.i.tution called the Standing Joint Committee, who will, no doubt, inquire into your lordship's subject of complaint." The "Standing Joint Committee"

sounded powerfully, but I believe no further notice was taken, and the question dropped.

"That's a nice un," said one of the javelin-men at the door when a friend of his came out. "Did yer 'ear that, Jimmy? Orkins is a nice un to talk about lodgings. Let him look to his own cirkit--the 'Orne Cirkit--where my brother told me as at a trial at Guildford the tenant of that there house wouldn't pay his rent. For why? Because they was so pestered wi' wermin. And what do you think Orkins told the jury?--He was counsel for the tenant.--'Why,' he says, 'gentlemen, you heard what one of the witnesses said, how that the fleas was so outrageous that they ackshally stood on the backs o' the 'all chairs and barked at 'em as they come in.' That's Orkins on his own circuit; and 'ere he is finding fault with our lodgings."

It was not long after my arrival at Lincoln, on the first occasion of my visiting that drowsy old ecclesiastical city, that I was waited upon, first by one benevolent body of gentlemen, and then another, all philanthropists seeking subscriptions for charitable objects.

One bitterly cold morning I was standing in my robes with my back to the fire at my lodgings, waiting to step into the carriage on my way to court, when a very polite gentleman, who headed quite a body of other polite gentlemen, asked "if his lordship would do them the honour of receiving a deputation from the L. and B. Skating Club."

I a.s.sented--nothing would give me more pleasure; and in filed the deputation, arranging themselves, hats in hand, round me in a semicircle.

"We have the honour, my lord, to call upon your lordship in pursuance of a resolution pa.s.sed last night at a special meeting of our club--"

"What is the name of your club?"

"The L. and B. Skating Club, my lord."

"What is its object?"

"_Our_ object, my lord?"

"No, the object of your _society_. I can guess your object."

The leader answered with a smile of the greatest satisfaction,--

"Er--skating, my lord."

"Your own amus.e.m.e.nt?"

The head of the deputation bowed.

"Do you want _me_ to skate?"

"No, my lord; but we take the liberty of asking your lordship to kindly support our club with a subscription."

"When I see," I replied, "so much poverty and misery around me which needs actual relief, and when I look at this inclement weather and think how these poor creatures must suffer from the cold, it seems to me that _they_ are the people who should apply to those who have anything to bestow in charity; not those who are the only people, as it would appear, who can take pleasure in this excruciating weather.

See if your club cannot do something for these poor sufferers instead of collecting merely for your own personal amus.e.m.e.nt; contribute to their necessities, and then come and see me again. I shall be here till Monday."

The head of the deputation stared, but it did not lose its presence of mind or forget its duty. The deputation made a little speech "thanking me heartily for the kind manner in which they had been received."

I never saw anything more of them from that day to this.

[In a case at Devizes Sir Henry showed in a striking manner the character he always bore as a humane Judge. He was not humane where cruelty was any part of the culprit's misdeeds, for he visited that with the punishment he thought it deserved, and his idea of that was on a somewhat considerable scale.]

I was down upon cruelty, and always lenient where there were any mitigating circ.u.mstances whatever, either of mental weakness, great temptation, provocation, or unhappy surroundings.

A woman was brought up before me who had been committed to take her trial on a charge of concealing the birth of a child. For prisoners in these circ.u.mstances I always felt great sympathy, and regarded the moral guilt as altogether unworthy of punishment. The law, however, was bound to be vindicated so far as the legal offence was concerned.

She had already been in prison for three months, because she was too poor and too friendless to find bail. I am always pointing out that if magistrates would send more cases to the Judges than they do, they would get some precedents as to the appropriate measure of punishment, which they seem badly to need. This woman had already been punished, without being found guilty, with three times the punishment she ought to have received had she been found guilty. A month's imprisonment would have been excessive.

Prisoners should always be released on their own recognizances where there is a reasonable expectation that they will appear.

The result was that the unhappy woman, who had been punished severely while in the eye of the law she was innocent, was discharged when she was found to be guilty.

We have seen how Mr. Justice Maule examined a little boy as to his understanding the nature of an oath. I once examined a little girl upon a preliminary point of this kind, before she had arrived at that period of mental acuteness which enables one to understand exactly the meaning of the words uttered in the administration of the oath. The child was called, and after allowing the form of "the evidence you shall give," etc., and "kiss the book," to be gabbled over, I said, before the Testament could reach the child's lips,--

"Stop! Do you understand what that gentleman has been saying?"

"No, sir."

I think it is a great farce to let little children be sworn who cannot be expected to understand even the language in which the oath is administered, to say nothing of the oath itself. How can they comprehend the meaning of the phrases employed? And many grown-up uneducated people are in the same situation. Surely a simple form, such as, "_You swear to G.o.d to speak the truth_"--or, even better still, to make false evidence punishable without any oath at all--would be far better.

CHAPTER x.x.xIII.

JACK.

I was always fond of dogs, and never cease to admire their intelligence and sagacity.

My little Jack was given to me when quite a puppy by my old and very dear friend Lord Falmouth. He was brought to me by Lady Falmouth, and from that time his history was my history, for his companionship was constant and faithful; in my hours of labour and of pleasure he was always with me, and I believe, if I had had any sorrows, he would have shared them as he did my pleasures--nay, these he enhanced more than I can tell.

Of course he invariably came circuit, and sat with me in my lodgings and on the Bench, where he would patiently remain till the time came to close my notebook for the day. Whether he liked it or not I am unable to say, but he seemed to take an interest in the proceedings.

About this, however, his reminiscences will speak for themselves. He always occupied the seat of honour in the Sheriff's carriage, and walked to it with a dignity worthy the occasion. I am glad to say the Judges all loved Jack, and treated him most kindly, not for my sake, but, I believe, for his own--although, I may add in pa.s.sing, he sometimes gave them a pretty loud rebuke if they showed any approach to ill-humour on an occasional want of punctuality in coming into court. Some of them were exceedingly particular in being up to time to a _moment_; and I should have equal to the occasion at all times, but that I had to give Jack a run before we started for the duties of the day. It was necessary for his health and good behaviour. On circuit, of course, whenever there was little to do--I am speaking of the Midland particularly, although the Western was quite as pleasant--I gave him longer runs. For instance, in Warwick Park nothing could be more beautiful than to loiter there on a summer morning amongst the cedars on the beautiful lawn.

It may seem unreasonable to say so, but Jack almost seemed to be endowed with human instincts. He was as restless as I was over long, windy speeches and cross-examinations that were more adapted for the smoking-room of a club than a court of justice; and in order to repress any tendency to manifest his displeasure I gave him plenty of exercise in the open air, which made him sleep generally when counsel began to speak.

Having mentioned the commencement of my companionship with Jack, which in these reminiscences I would on no account omit, I shall let him hereafter tell his own experience in his own way.

JACK'S REMINISCENCES.

I was born into the family of my Lord Falmouth, and claim descent from the most well bred of my race in this kingdom, the smooth fox terrier.

All my ancestors were noted for their love of sport, their keen sense of humour, and hatred of vermin.

At a very early period of my infancy I was presented to Sir Henry Hawkins, one of Her Majesty's Judges of the High Court, who took a great fancy to me, and, if I may say so without appearing to be vain, at once adopted me as his companion and a member of his family.

Sir Henry, or, as I prefer to call him, my lord, treated me with the sweetest kindness, and I went with him wherever it was possible for him to take me. At first my youthful waywardness and love of freedom--for that is inherent in our race--compelled him to restrain me by a string, which I sometimes pulled with such violence that my lord had to run; and on seeing us so amusing ourselves one morning, old Lord Grimthorpe, I think they called him, who was always full of good-natured chaff, cried out,--