Page:The Green Bag (1889–1914), Volume 05.pdf/69

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The Green Bag.

lawyer named Bruce. Bruce's case was looked spring, and catching Barnaby by the bosom of upon as good as lost when it was ascertained that his shirt, tore it open, displaying his red flannel, Barnaby was retained against him. — ' when Mr. Barnaby himself wears a red flannel "The suit came on for trial, and Baruaby found coat concealed under a blue one?' "The effect was electrical. Barnaby was beaten that Bruce had worked hard, and left no stone unturned to gain the victory. The testimony for at his own game, and Bruce gained the case." the plaintiff was very strong, and unless it could be impeached the case of the defendant was lost. LORD CAMPBELL tells a good story of an incident The principal witness introduced by the plaintiff which occurred in the opening period of his pro wore a red coat. "In summing up for the defence, old Barnaby fessional career, soon after the publication of his "Nisi Prius Reports." He had successfully de commenced a furious attack on the witness, pull fended a prisoner charged with a criminal offence; ing his testimony all to pieces, and appealing to the jury if. a man who wore a red coat was under and while elated with the victory achieved by his advocacy, he discovered that his late client, with any circumstances to be believed. "'And who is this red-coated witness," exclaimed whom he had held a confidential conversation, had Barnaby, "but a descendant of our common enemy, contrived to relieve him of his pocket-book full who has striven to take from us our liberty, and of bank-notes. As soon as the presiding judge. would not hesitate now to deprive any poor man Lord Chief Baron Macdonald, heard of the mishap of his land by making any sort of a red-coated of the reporting barrister, he exclaimed : " What! does Mr. Campbell think that no one is entitled statement! ' "During this speech Bruce was walking up and to take notes in court except himself?" down the bar greatly excited, and convinced that his case was gone, — knowing as he did the preju THE following was the title of a Virginia act : dice of the jury against anything British. While, " Supplementary to an Act to amend an Act however, Barnaby was gesticulating and leaning making it penal to alter the mark of an unmarked forward to the jury in his eloquent appeal, his dog." shirt-bosom opened slightly, and Bruce accident ally discovered that Barnaby wore a red under JUUGE PETERS, upon being told that Congress shirt. had passed a law increasing the salary of certain "Bruce's countenance brightened up. Putting judges, replied : " That law will not affect me, for both hands in his coat-pockets, he walked to the I am an uncertain judge." bar with great confidence, to the astonishment of his client and all lookers-on. A surr for rent, predicated upon a lease which "Just as Barnaby concluded, Bruce whispered in the ear of his client, ' Г ve got him, — your case contained, among other clauses, one providing for is safe! ' and approaching the jury, he commenced the payment of the rent on the first day of each month, and another providing for the termination his reply to the slaughtering argument of his ad versary. Bruce gave a regular history of the of the lease ipse facto upon the death of the ancestry of his red-coated witness, proving his lessee, came up for trial before a justice of the patriotism and devotion to the country, and his peace of Hibernian extract, in the city of St. character for truth and veracity. Louis. The attorney for the defendant made the point "' But what, gentlemen of the jury,' broke forth Bruce, in a loud strain of eloquence, while that rent was supposed and intended to be com his eye flashed fire, ' what are you to expect of a pensation; and that therefore there was a direct man who stands here to defend a cause based on conflict between the two clauses of the lease, for no foundation of right or justice whatever; of a the reason that the lessee might die before the man who undertakes to destroy our testimony on expiration of the term, and as this would termi the ground that my witness wears a red coat, nate the lease, no recovery should be had until the when, gentlemen of the jury, — when — when, end of the month, when it could only then and gentlemen of the jury/ — here Bruce made a for the first time be known to a certainty that the