"There you see the advantage of being on the highroad. But now, let us see these two stalwart farmers coming along, and--instead of the handsome public and the bitter ale there is this shop, where they sell medical arrangements--can you imagine one of them saying to the other, "I say, Jim, here"s a very nice medical shop; what d"ye say to going in and having a truss?""
The argument considerably reduced the compensation, but what it lacked in money the claimant got in laughter.
Sometimes I led a witness who was an expert valuer for a claimant to such a gross exaggeration of the value of a business as to stamp the claim with fraud, and so destroy his evidence altogether.
Sir Henry Hunt used to nod with apparent approval at every piece of evidence which showed any kind of exaggeration, but every nod was worth, as a rule, a handsome reduction to the other side.
I shall never forget an attorney"s face who, having been offered 10,000 for a property, stood out for 13,000.
It was a claim by a poulterers" company for eight houses that were taken by a railway company. I relied entirely on my speech, as I often did, because the threadbare cross-examinations were almost, by this time, things of course, as were the figures themselves mere results of true calculations on false bases.
This attorney, who had, perhaps, never had a compensation case before, was quite a great man, and took the arbitrator"s a.s.senting nods as so much cash down.
So encouraged, indeed, was he that he became almost impudent to me, and gave me no little annoyance by his impertinent asides. At last I looked at him good-humouredly, and politely requested him, as though he were the court itself, to suspend his judgment while I had the honour of addressing the arbitrator for twenty minutes, "at the end of which time I promise to make you, sir," said I, "the most miserable man in existence."
I was supported in this appeal by the arbitrator, who hoped he would not interrupt Mr. Hawkins.
As I proceeded the attorney fidgeted, puffed out his cheeks, blew out his breath, twirled his thumbs as I twirled his figures, and grated his teeth as he looked at me sideways, while I concluded a little peroration I had got up for him, which was merely to this effect, that if railway companies yielded to such extortionate demands as were made by this attorney on behalf of the poulterers" company, they would not leave their shareholders a feather to fly with.
The attorney looked very much like moulting himself, and the end of it was that he got _two thousand pounds_ less than we had offered him in the morning, and consequently had to pay all the costs.
As I have stated, John Horatio Lloyd was my princ.i.p.al opponent in these great public works cases, and I remember him with every feeling of respect. He was an advocate whom no opponent could treat lightly, and was uniformly kind and agreeable.
Of course I had a very large experience in those times--I suppose, without vanity, I may say the very largest. I was retained to a.s.sess compensation for the immense blocks of buildings acquired for the s.p.a.ce now occupied by the Law Courts. In the very early cases the law.
officers of the Crown were concerned, but after that the whole of the business was entrusted to my care, although for reasons best known to themselves the Commissioners declined to send me a general retainer, which would have been one small sum for the whole, but gave instead a special retainer on every case. If my memory serves me, on one occasion I had ninety-four of these special retainers delivered at my chambers. This was in consequence of their refusing to retain me generally for the whole, which would have been a nominal fee of five guineas.
CHAPTER XXVI.
ELECTION PEt.i.tIONS.
Another cla.s.s of work which gave me much pleasure and interest was that of election pet.i.tions. These came in such abundance that I had to put on, as I thought, a prohibitory fee, which in reality increased the volume of my labour.
One day Baron Martin asked me if I was coming to such and such an election pet.i.tion.
"No," I answered, "no; I have put a prohibitory fee on my services; I can"t be bothered with election pet.i.tions."
"How much have you put on?"
"Five hundred guineas, and two hundred a day."
The Baron laughed heartily. "A prohibitory fee! They must have you, Hawkins--they must have you. Put on what you like; make it high enough, and they"ll have you all the more."
And I did. It turned out a very lucrative branch of my business, and my electioneering expenses were a good investment. My experience at Barnstaple, to be told hereafter, repaid the outlay, and no feature of an election ever came before me but I recognized a family likeness.
Amongst the earliest was that of W.H. Smith, who had been returned for Westminster. The pet.i.tioner endeavoured to unseat him on the ground of bribery, alleged to have been committed in paying large sums of money for exhibiting placards on behalf of the candidate. It was tried before Baron Martin.
About the payments there was no element of extravagance, but there were undoubtedly many cases of payment, and these were alleged to be illegal.
Ballantine was my junior. One of the curious matters in the case was that these payments had been princ.i.p.ally made by, or under, the advice of my old friend, whom I cannot mention too often, the Hon. Robert Grimston.
Ballantine, as I thought, most injudiciously advised me not to call "that old fool;" but believing in Grimston, and having charge of the case, I resolved to call him. Baron Martin knew Grimston as well as I did, and believed in him as much.
"Who is this?" asked the Judge.
"Another bill-sticker, my lord."
Grimston gave his evidence, and was severely cross-examined by my friend, J. Fitzjames Stephen. He fully and satisfactorily explained every one of the questioned items, evidently to the satisfaction of Martin, who dismissed the pet.i.tion, and thus Mr. Smith retained his seat.
The learned Judge said, in giving judgment, that without Grimston"s evidence the seat would have been in great danger, but that he had put an innocent colour on the whole case, and that, knowing him to be an honourable man and incapable of saying anything but the truth, he had implicitly trusted to every word he spoke.
Mr. Smith, whom I met some days after, said he was perfectly a.s.sured that if I had not had the conduct of the case, and Grimston had not been called, his seat would have been lost.
In the pet.i.tion against Sir George Elliot for Durham there was nothing of any importance in the case, except that Sir George gave a very interesting history of his life.
He had been a poor boy who had worked in the cutting of the pit, lying on his back and picking out from the roof overhead the coal which was shovelled into the truck. From this humble position literally and socially he had proceeded, first to his feet, and then step by step, until, from one grade to another, he had ama.s.sed a large fortune, and sufficient income to enable him to incur, not only the expenses of an election and a seat in Parliament, but also those of a bitterly hostile election pet.i.tion, enormously extravagant in every way. I succeeded in winning his case, and never was more proud of a victory.
It had lasted many days.
There is one matter almost of a historical character, which I mention in order to do all the justice in my power to a man who, although deserving of reprobation, is also ent.i.tled to admiration for the chivalry of his true nature. I speak of it with some hesitation, and therefore without the name. Those who are interested in his memory will know to whom I allude, and possibly be grateful for the tribute to his character, however much it may have been sullied by his temporary absence of manly discretion.
He was charged with a.s.saulting a young lady in a railway train between Aldershot and Waterloo. There was much of the melodramatic in the incidents, and much of the righteous indignation of the public before trial. There was judgment and condemnation in every virtuous mind. The a.s.sault alleged was doubtless of a most serious character, if proved.
I say nothing of what might have been proved or not proved; but, speaking as an advocate, I will not hesitate to affirm that cross-examination may sometimes save one person"s character without in the least affecting that of another.
But this was not to be. Whatever line of defence my experience might have suggested, I was debarred by his express command from putting a single question.
I say to his honour that, as a gentleman and a British officer, he preferred to take to himself the ruin of his own character, the forfeiture of his commission in the army, the loss of social status, and _all_ that could make life worth having, to casting even a doubt on the lady"s veracity in the witness-box.
My instructions crippled me, but I obeyed my client, of course, implicitly in the letter and the spirit, even though to some extent he may have entailed upon himself more ignominy and greater severity of punishment than I felt he deserved.
He died in Egypt, never having been reinstated in the British army.
I knew but little of him until this catastrophe occurred; but the manliness of his defence showed him to be naturally a man of honour, who, having been guilty of serious misconduct, did all he could to amend the wrong he had done; and so he won my sympathy in his sad misfortune and misery.
In the days when burglary was punished with death, there was very seldom any remission, I was in court one day at Guildford, when a respectably-dressed man in a velveteen suit of a yellowy green colour and pearl b.u.t.tons came up to me. He looked like one of Lord Onslow"s gamekeepers. I knew nothing of him, but seemed to recognize his features as those of one I had seen before. When he came in front of my seat he grinned with immense satisfaction, and said,--
"Can I get you anything, Mr. Orkins?"
I could not understand the man"s meaning.
"No, thank you," I said. "What do you mean?"
"Don"t you recollect, sir, you defended me at Kingston for a burglary charge, and got me off., Mr. Orkins, in flyin" colours?"
I recollected. He seemed to have the flying colours on his lips. "Very well," I said; "I hope you will never want defending again."
"No, sir; never."