"Would your lordship allow me to make an application?"

"Yes," said my lord--"yes; I see no objection. What is your application, Mr. ----?" I will not give his name.

"There is a case, my lord, in to-morrow's list--number ten. It is quite impossible, seeing the number of cases before it, that that case can be reached."

"If that is so," said my lord, "there is no necessity for making any application--if you know it is impossible to reach it, I mean to say--"

"It is _ex abundanti cautela_, my lord."

I think that was the expression, but, as it is not dog-Latin, I am not sure.

"It is a good horse to run, I dare say," said my lord, "but I don't think he'll win this time."

The counsel shook his head and would have smiled, I could see that, only he was disappointed. I felt sorry for him, because his clients had made arrangements to go to the Derby. As he was turning disconsolately away my lord spoke with a little more encouragement in his tone and a quiet smile.

"We will see later, Mr. ----. Is your client _unable_ to appear to-morrow?"

"I'm afraid so, my lord, quite."

"Have you a doctor's certificate?"

"I am afraid not, my lord; he is not ill."

"Then you can renew the application later; but understand, I am _determined to get through the list_."

That was so like my lord; nothing would turn him from his resolution, if he sat till midnight, and I nearly barked with admiration.

Then came number six on the list, with the same complaint that it was not likely to be reached.

"I'm not so sure," said Sir Henry. "I have just refused number ten; yours is a long way before that. Some of the previous ones may go off very soon; there does not seem to be anything _very long_ in front of you, Mr. ----. What's your difficulty about being here?"

"The real difficulty, my lord--" And as he hesitated the Judge said,--

"You want to be elsewhere?"

"Frankly, my lord, that is so."

"Very well; if both sides are agreed, I have no objection. If I am not trying your case I shall be trying some one else's, and it is a matter of perfect indifference to me whose case it is."

An hour after in came a brisk junior stating that his leader was unavoidably absent.

"What is the application, Mr. Wallsend?"

"There's a case on your lordship's list for to-morrow, my lord."

"Yes. What number?"

"Number seven, my lord. I am told number six is a long case, and sure to be fought. My application is that, as that case will last over Friday--"

"Friday? Why Friday?"

There was a little laughter, because it happened to be the Oaks day.

"I'm told it's a long case, my lord."

"Yes, but number six has gone, so that you will stand an excellent chance of coming on about two o'clock, perhaps a little before. What is the nature of your case?"

"Illegal imprisonment, my lord."

"Very well; if it is any convenience to you, Mr. Wallsend, I will take it last."

By the look of the young man it seemed of no great convenience.

"That will give your witnesses time to be here, I hope."

The counsel shook his head, and then began to say that the fact was that his client had an engagement, and his lordship would see it was the great race of the year.

"I do not like these applications made in this random manner. I am willing to oblige the parties in all cases if I can, but these constant motions to postpone interfere very much with the public convenience, and I mean to say that the public are to be considered."

Now came the gentleman who never attended races, and devoted himself to business. He could not have told you the name of a horse to save his life. But he also made his application to postpone a case until Thursday. Delightful day, Thursday; such a convenient day, too--between the Derby and the Oaks.

Said my lord, who was very friendly to the learned counsel, and liked him not only as a member of his old circuit, but as a brother Bencher and a clever advocate,--

"Oh, I see; I see where _you_ want to be to-morrow."

"My lord!"

It was no use; in spite of the gentleman's remonstrance and protestations, he said,--

"You may go, Mr. ----, and I hope you will enjoy yourself."

I need hardly say nothing was left of the list by twelve o'clock the next day, and Sir Henry had the honour of going in the royal train and dining at Marlborough House in the evening.

I ought, perhaps, to mention that there was a case proceeding when all these interruptions took place. I don't know the name, but two counsel were in it, one of whom was remarkable for the soul of wit which is called _brevity_, and the other was not. One was Frank Lockwood, Q.C., a very amusing counsel, whom I always liked, because he often sketched me and my lord in pen and ink.

Mr. Jelf, Q.C., was the other learned counsel. Although I liked most of the barristers, I often wished I could teach them the invaluable lesson _when to leave off_. It would have saved many a verdict, and given me the opportunity of hearing my own voice.

Lockwood was cross-examining, and appeared to me dealing rather seriously with Jelf's witnesses, who were a pious body of gentlemen, and prided themselves, above all things, on speaking the truth, as though it was a great credit not to commit perjury.

At last Mr. Jelf, tired with being routed in so ruthless a manner, cried in a lamentable voice,--

"Pray, pray, Mr. Lockwood!"

"So I do," said Lockwood--"so I do, Mr. Jelf, at fitting and proper times."