CLASSIC CRIMES
memorable address to the jury for George Smith.1 It is re-
corded of him that before beginning his speech he drank a
bottle of claret, then the recognized "refresher" of the Scots
Bar* His client, he observed, was an Englishman; a stranger
there, in great straits for his life. No one had a good word to
say for him, though that great villain John Brown on leaving
the box was highly complimented by his Lordship in the Chair,
"Be short and concise, sir," growled Braxfield, "at this time
of the morning." Presently Clerk fired his first shot; "I
think a great deal of most improper evidence for the Crown
has been received in this case/* "That, sir," interrupted
Braxfield, "is a most improper observation to address to the
jury*" And the other Judges chanted in chorus: "A positive
reflection on the Court"; "A flat accusation that we have
admitted improper evidence"; "I never heard the like of this
from a young counsel at the beginning of his career at this
Bar." "With these admonitions, proceed, sir," said Braxfield
grimly. Clerk did so, and developed a strong attack on
"these twa corbies or infernal villains," Brown and Ainslie.
Brown was a convicted felon in England and ought not to be
received as a witness in any case within the British dominions,
BRAXFIELD*—Mr* Clerk, please restrict your observations. The
Court have admitted the witness.
CLERK.—Yes, my Lord, I know that very well, but your Lordships
should not have admitted him, and of that the jury will now judge,
, BRAXFIELD*—This is most indecent behaviour* You cannot be
allowed to speak to the admissibility; to the credibility you may.
LORD STONEFIELD.—This young man is again attacking the Court.
CLERK*—No, my Lords, I am not attacking the Court; I am attack-
ing that villain of a witness, who I tell your Lordships is not worth his
value in hemp*
BRAXFIELD,—The Court, sir, have already decided that in law the
objection^ to these witnesses should be repelled, and they were re-
pelled accordingly; therefore you should have nothing more to say
to us on that point.
^ CLERK-—But, my Lords, the jury are to judge of the law as well as
the facts,
BRAXFIELD,—Sir, I tell you the jury have nothing to do with the
law, but to take it simplwiter from me.
CLERK.—That I deny,
* Clerk's quaint peculiarities of character and appearance are admirably described
and illustrated in The Scattuh Bar Fifty Kww Ago, by Robert Scott Moncriie£f.
Edinburgh: 1871.
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