With this commendation upon the liquor, Nicholas departed, and we proceeded to fill our glasses.
I cannot venture perhaps it is so much the better that I cannot to give any idea of the conversation which at once broke out, as if the barriers that restrained it had at length given way. But law talk in all its plenitude, followed; and for two hours I heard of nothing but writs, detainers, declarations, traverses in prox, and alibis, with sundry hints for qui tam processes, interspersed, occasionally, with sly jokes about packing juries and confusing witnesses, among which figured the usual number of good things attributed to the Chief Baron O'Grady and the other sayers of smart sayings at the bar.
"Ah!" said Mr. Daly, drawing a deep sigh at the same instant "the bar is sadly fallen off since I was called in the year seventy-six. There was not a leader in one of the circuits at that time that couldn't puzzle any jury that ever sat in a box; and as for driving through an act of parliament, it was, as Sancho Panza says, cakes and gingerbread to them. And then, there is one especial talent lost for ever to the present generation just like stained glass and illuminated manuscripts, and slow poisons and the like that were all known years ago I mean the beautiful art of addressing the judge before the jury, and not letting them know you were quizzing them, if ye liked to do that same. Poor Peter Purcell for that rest his ashes he could cheat the devil himself, if he had need and maybe he has had before now, Peter is sixteen years dead last November."
"And what was Peter's peculiar tact in that respect, Mr. Daly?" said I.
"Oh, then I might try for hours to explain it to you in vain; but I'll just give you an instance that'll show you better than all my dissertations on the subject, and I was present myself when it happened, more by token, it was the first time I ever met him on circuit;
"I suppose there is scarcely any one here now, except myself, that remembers the great cause of Mills versus Mulcahy, a widow and others, that was tried in Ennis, in the year '82. It's no matter if there is not. Perhaps it may be more agreeable for me, for I can tell my story my own version, and not be interrupted. Well, that was called the old record, for they tried it seventeen times. I believe, on my conscience, it killed old Jones, who was in the Common Pleas; he used to say, if he put it for trial on the day of judgment, one of the parties would be sure to lodge an appeal. Be that as it may, the Millses engaged Peter special, and brought him down with a great retainer, in a chaise and four, flags flying, and favors in the postillions' hats, and a fiddler on the roof playing the 'hare in the corn.' The inn was illuminated the same evening, and Peter made a speech from the windows upon the liberty of the press and religious freedom all over the globe, and there wasn't a man in the mob didn't cheer him, which was the more civil, because few of them knew a word of English, and the others thought he was a play-actor. But it all went off well, nevertheless, for Peter was a clever fellow; and although he liked money well, he liked popularity more, and he never went any where special that he hadn't a public meeting of some kind or other, either to abolish rents, or suppress parsons, or some such popular and beneficial scheme, which always made him a great favourite with the people, and got him plenty of clients. But I am wandering from the record. Purcell came down, as I said before, special for Mills; and when he looked over his brief, and thought of the case, he determined to have it tried by a gentlemen jury, for although he was a great man with the mob, he liked the country gentlemen better in the jury box, for he was always coming out with quotations from the classics, which, whether the grand jury understood or not, they always applauded very much. Well, when he came into court that morning, you may guess his surprise and mortification to find that the same jury that had tried a common ejectment case, were still in the box, and waiting, by the chief justice's direction, to try Mills versus Mulcahy, the great case of the assizes.
"I hear they were a set of common clod-hopping wretches, with frize coats and brogues, that no man could get round at all, for they were as cunning as foxes, and could tell blarney from good sense, rather better than people with better coats on them.
"Now, the moment that Mr. Purcell came into the court, after bowing politely to the judge, he looked up to the box, and when he saw the dirty faces of the dealers in pork and potatoes, and the unshaven chins of the small farmers, his heart fell within him, and he knew in a minute how little they'd care for the classics if he quoted Caesar's Commentaries itself for them ignorant creatures as they were!
"Well, the cause was called, and up gets Peter, and he began to 'express', (as he always called it himself,) 'the great distress his client and himself would labour under, if the patient and most intelligent jury then on the panel should come to the consideration of so very tedious a case as this promised to be, after their already most fatiguing exertions;' he commented upon their absence from their wives and families, their farms neglected, their crops hazarded, and in about fifteen minutes he showed them they were, if not speedily released and sent home, worse treated and harder used than many of the prisoners condemned to three months imprisonment; and actually so far worked upon the feelings of the chief himself, that he turned to the foreman of the jury, and said, 'that although it was a great deviation from his habitual practice, if at this pressing season their prospects were involved to the extent the learned counsel had pictured, why then, that he would so far bend his practice on this occasion, and they should be dismissed.' Now Peter, I must confess, here showed the most culpable ignorance in not knowing that a set of country fellows, put up in a jury box, would rather let every glade of corn rot in the ground, than give up what they always supposed so very respectable an appointment; for they invariably imagine in these cases that they are something very like my lord the judge, 'barrin' the ermine;' besides, that on the present occasion, Peter's argument in their favour decided them upon staying, for they now felt like martyrs, and firmly believed that they were putting the chief justice under an obligation to them for life.
"When, therefore, they heard the question of the court, it did not take a moment's time for the whole body to rise en masses and bowing to the judge, call out, 'We'll stay, my lord, and try every mother's son of them for you; ay, if it lasted till Christmas.
"'I am sure, my lord,' said Peter, collecting himself for an effort, 'I cannot sufficiently express my gratitude for the great sacrifice these gifted and highly intelligent gentlemen are making in my client's behalf; for being persons who have great interests in the country at stake, their conduct on the present occasion is the more praiseworthy; and I am certain they fully appreciate, as does your lordship, the difficulty of the case before us, when documents will be submitted, requiring a certain degree of acquaintance with such testimonials sufficiently to comprehend. Many of the title deeds, as your lordship is aware, being obtained under old abbey charters, are in the learned languages; and we all know how home to our hearts and bosoms comes the beautiful line of the Greek poet 'vacuus viator cantabit ante latronem.'" The sound of the quotation roused the chief justice, who had been in some measure inattentive to the preceding part of the learned counsel's address, and he called out rather sharply, 'Greek! Mr. Purcell why I must have mistaken will you repeat the passage?'