페이지 이미지
PDF
ePub

ceive that many of them can be very interesting out of court, particularly after he becomes defunct, which nature has certainly set down as a "motion of course." One or two, however, which connect themselves with my egotistical feelings shall not be omitted. At the same time, I assure him, that I by no means approve of our late brother Daly's method of reasoning, who, on his speaking rather indecorously of Mr. William Johnson, in his absence, at the Bar-mess on circuit, was tartly and very properly asked by the present Mr. Justice Jebb, "Why he should say such things of Mr. Johnson behind his back?" "Because," replied Mr. Daly, "I would not hurt his feelings by saying them to his face."

I often reflect on a most singular circumstance which occurred between Johnson and me, as proving the incalculability of what is called in the world "fortune," which, in my mind, cannot have a better definition than "The state lottery of nature." My friend is the son of a respectable apothecary, in Fishamble-street, Dublin, and was called to the bar some few years before me; but the world being blind as to our respective merits, I got immediately into considerable business, and he, though a much wiser man and a much cleverer lawyer, got none at all. Prosperity, in short, deluged me as it were; when suddenly I fell ill of a violent fever on circuit, which nearly ended my career. Under these circumstances, Johnson acted by me in a most kind and friendly manner, and insisted on remaining with me, to the neglect of his own concerns. This I would not allow; but I never forgot the proffered kindness, and determined, if ever it came within my power, to repay his civility.

The next year I was restored to health, and my career of good fortune started afresh, whilst poor Johnson had still no better luck. He remained assiduous, friendly, and good-natured to me; but at the same time he drooped, and told me at Wexford, in a state of despondency, that he was determined to quit the bar and go into orders. I endeavoured to dissuade him from this, because I had a presentiment that he would eventually succeed; and I fairly owned to him that I doubted much if he were mild enough for a parson.

In about two years after, I was appointed King's counsel. My stuff gown had been, so far, the most fortunate one of our profession, and Johnson's the least so. I advised him to get a new gown; and shortly after, in the whim of the moment, fancying there might be some seeds of good luck sticking to the folds of my old stuff after I had quitted it for a silken robe, I despatched a humorous note to Johnson, together with the stuff gown, as a mark of my gratitude for his attentions, beg

[ocr errors]

ging he would accept it from a friend and well-wisher, and try if wearing it would be of equal service to him as to me.

He received my jocose gift very pleasantly, and in good part; and, laughing at my conceit, put on the gown. But, whatever may become of prepossessions, certain it is that from that period Johnson prospered; his business gradually grew larger; and, in proportion as it increased, he became what they call in Ireland, high enough to every body but the attorneys; and thus my friend William Johnson trudged on through thick and thin to the Parliament House, into which Lord Castlereagh stuffed him, as he said himself, "to put an end to it." However he kept a clear look-out, and now sits in the place his elder brother Judge Robert had occupied, who was rather singularly unjudged for having Cobbettized Lord Redesdale, as will hereafter appear.

Old Mr. Johnson, the father of these two gentlemen, when upwards of sixty, procured a diploma as physician-to make the family genteeler. He was a decent, orderly, good kind of apothecary, and a very respectable, though somewhat ostentatious doctor; and, above all, a good, orthodox, hard-praying Protestant. I was much amused one day after dinner at Mr. Hobson's, at Bushy, near Dublin, where the doctor, Curran, myself, and many others were in company. The doctor delighted in telling of the successes of his sons, Bob, Bill, Gam, and Tom the attorney, as he termed them; he was fond of attributing Bob's advancement rather to the goodness of Providence than that of the Marquess of Downshire; and observed, most parentally, that he had brought up his boys, from their very childhood, with "the fear of God always before their eyes." "Ah! 'twas a fortunate circumstance indeed, doctor," said Curran, "very fortunate indeed-that you frightened them so early.'

[ocr errors]

One of the most honourable and humane judges I ever saw upon the Irish bench was the late Justice Kelly, of the Common Pleas. He acquired professionally a very large fortune, and died at a great age beloved and regretted by every being who had known him. It was he who tried the cause of Lady M—, and never did I see him chuckle with pleasure and a proper sense of gallantry, more than he did at the verdict in that case.

He was no common man. Numerous anecdotes have been told of him: many singular ones I myself witnessed; but none which did not do credit to some just or gentlemanly feeling. He had practised several years in the West Indies; and studying at the Temple on his return, was in due season admitted to the Irish bar, to the head of which he rose with universal approbation.

At the time the Irish insisted on a declaration of their independence, Judge Kelly had attained the high dignity of Prime Serjeant, a law office not known in England: in Ireland the Prime Serjeant had rank and precedence of the attorney and solicitor-general. On the government of Ireland first opposing that declaration of independence, Kelly, from his place in Parliament, declared " he should consider it rather a disgrace than an honour to wear the prime serjeant's gown under a ministry which resisted the rights of his country!" and immediately sent in his resignation, and retired to the rank of a private barrister.

Among such a people, and in consequence of such conduct, it is useless to attempt describing his popularity. His business rose to an extent beyond his powers. Nobody was satisfied who had not Tom Kelly for his advocate in the courts; no suitor was content who had not Tom Kelly's opinion as to title: all purchasers of property must have Tom Kelly's sanction for their speculations. In a word, he became both an oracle and a fortune-teller: his court-bag grew too heavy for his strength, but he got through every cause gallantly and cheerfully he was always prepared; his perseverance never yielded; his arguments seldom failed; his spirits never flagged. This enviable old man lived splendidly, yet saved a large fortune. At length, it was found so unpopular to leave him at the bar, that he was first appointed Solicitor-General, and then mounted on the bench of the Common Pleas, where having sat many years, he retired to his beautiful country residence, near Stradbally, Queen's County, and lived as a country gentleman in hospitable magnificence. He married three of his daughters well, pursued his field-sports to his death, and departed this world to the unanimous regret of all who knew him.

Judge Kelly's only son, whilst his father yet lived, turned methodist; got infatuated amongst devotees and old women; became a sectarian preacher ! and has by these ignoble means contrived, as thoroughly as the possession of a large fortune will permit him, to bury once more the family name in that obscurity whence his father had raised it. After Judge Kelly had assumed the bench, the public began to find out that his legal knowledge had been overrated! his opinions were overruled, his advice thought scarce worth having, his deductions esteemed illogical:-in short, he lost altogether the character of an infallible lawyer, but had the happiness of thinking he had confirmed his reputation for honour, justice and integrity. He used to say, laughingly, "So they find out now that I am not a very staunch lawyer: I am heartily glad they did not find it out thirty years ago!"

VOL. I.

34

He loved the world, and this was only gratitude, for the world loved him; and nobody ever yet enjoyed his existence with more cheerfulness and composure. "Egad!" he used to say, "this world is wheeling round and round quite too fast to please me. For my part I'd rather be a young shoe-boy than an old judge." (Who would not?-says the author :) He always most candidly admitted his legal mistakes: I recollect my friend William Johnson once pressed him very fiercely to a decision in his favour, and stating as an argument (in his usual peremptory tone to judges he was not afraid of) that there could be no doubt on the point-precedent was imperative in the matter, as his Lordship had decided the same points the same way twice before.

"So, Mr. Johnson," said the judge, looking archly-shifting his seat somewhat-and shrugging up his right shoulder,-"so! because I decided wrong twice, Mr. Johnson, you'd have me do so a third time? No, no, Mr. Johnson! you must excuse me. I'll decide the other way this bout:"-and so he did.

The anecdotes of his quaint humour are in fact innumerable,` and some of his charges quite extraordinary. His profile was very like Edmund Burke's: he had that sharp kind of nose which gives a singular cast to the whole contour; but there was always an appearance of drollery lurking in his countenance. No man could more justly boast of carrying about him proofs of nationality, as few ever had the Irish dialect stronger. It was in every word and every motion! Curran used to say he had the brogue in his shoulders. If Judge Kelly conceived he had no grounds to be ashamed of his country, she had still less to be ashamed of him. He was calculated to do credit to any land.

I also had the pleasure of being acquainted with Mr. Arthur Wolfe intimately, afterwards Baron Kilwarden and Chief Justice of Ireland. This gentleman had, previously to his advancement, acquired very high eminence as an equity lawyer: he was much my senior at the bar.

Wolfe had no natural genius, and but scanty general information: his talents were originally too feeble to raise him by their unassisted efforts into any political importance. Though patronized by the earl of Tyrone, and supported by the Beresford aristocracy, his rise was slow and gradual; and his promotion to the office of Solicitor-General had been long predicted, not from his ability, but in consequence of his reputation as a good-hearted man and a sound lawyer.

On the elevation of Mr. John Fitzgibbon to the seals, Mr. Wolfe succeeded him as Attorney-General, the parliamentary

duties of which office were, however, far beyond the reach of his oratory, and altogether too important for his proportion of intellect; and hence he had to encounter difficulties which he was unable successfully to surmount. The most gifted members of his own profession were, in fact, then linked with the first-rate political talents of the Irish nation, to bear down those measures which it had become Mr. Wolfe's imperative official duty to originate or support.

In the singular character of Mr. Wolfe, there were strange diversities of manner and of disposition. On first acquaintance, he seldom failed to make an unfavourable impression; but his arrogance was only apparent-his pride innoxious-his haughtiness theoretical. In society, he so whimsically mixed and mingled solemn ostentation with playful frivolity, that the man and the boy, the judge and the jester, were generally alternate. Still Kilwarden's heart was right, and his judgment sufficing. In feeling he was quick-in apprehension slow. The union of these qualities engendered a sort of spurious sensibility, which constantly led him to apprehend offence where none was ever intended. He had a constant dread of being thought petulant; and the excitement produced by this dread became itself the author of that techy irritation which he so much deprecated. Thus, like certain humorous characters on the stage, he frequently worked himself into silly anger by endeavouring to show that he was perfectly good-tempered.

Lord Kilwarden, not perceiving the true distinction between pride and dignity, thought he was supporting the appearance of the one, when, in fact, he was only practising the formality of the other: and, after a long intercourse with the world, he every day evinced that he knew any one else's character better than his own. As Attorney-General during a most trying era, his moderation, justice, and discretion were not less evident than was his strict adherence to official duties; and the peculiarities of his manner were merged in the excellence of his more sterling qualities.

In the celebrated cause of the King against Heavy, (in the King's Bench,) Mr. Curran and I were Heavy's counsel, and afterwards moved to set aside the verdict on grounds which we considered to form a most important point, upon legal principles.

Curran had concluded his speech, and I was stating what I considered to be the law of the case, when Lord Kilwarden, impatient and fidgetty, interrupted me:-"God forbid, Mr. Barrington," said he, that should be the law!"

"God forbid, my Lord," answered I, "that it should not be the law."

« 이전계속 »