9

designed to make the body addressed feel that it would like to public speakers. He alone can depend upon the compulsory process do the thing to which the speaker sought to persuade it. The other of government to furnish an audience. However tedious he may was the argument of one who must convince a tribunal that the prove, he can, if able to secure a client, rely upon one sympathetic judgment sought was one required by the settled principles of a hearer at least, and the sheriff and jury commissioners will furnish land of liberty protected by law. Certainly the Greeks were great the rest. Nor does he suffer the pangs of the man who, having orators. Masters of all the arts, they seem to many to be our * hired a hall,” discovers that, models in this, as in literature, sculpture, and architecture. But

Though his voice completely filled the house, if this be true, one must lay aside his modern instincts and become

It also emptied it.” saturated with the spirit of the antique life to feel that it is so. To the lawyer the Greek orator violates every tradition of his For the lawyer's hearers there is no way of escape. Even though training, every acquired instinct of his calling. Between Demos- we put jurymen to sleep-an autobiographical reminiscence--a kindly thenes' Oration on the Crown and Cicero's Defence of Milo we seem judge may sometimes request the sheriff to awaken them. Were to have passed from a world governed by popular or personal flight open to them we would doubtless have many occasions to despotism, benevolent or malignant as the case may be, to one regret that our remarks were not more brief and pointed. As it is, where the tribunals must at least profess allegiance to civil liberty the penalty for prosiness, though inevitable, is delayed; weary and settled rights.

lawyers with endless tongues” have become a by-word, and the For many centuries the adrocate has been a familiar figure to temptation to slovenly and inartistic advocacy in our off days which the world, and for much of this time he has constituted the most we all have is left to work its full measure of evil with our style. numerous, the most highly skilled, and the ablest class devoted to

If the lawyer's discipline has its dangers and defects, it has also the profession of influencing human conviction and actîon by the some striking merits. By virtue of addressing most commonly, in persuasion of the tongue. The forum has been the world's great the jury, an audience for whom he must translate into common school in this art. Sparkling or dull, eloquent or tedious, the Hood speech the intricacies of a technical branch of learning, he is apt of speech has flowed through the courts for ages, and will continue to be free from the grave defect of most specialists, arising from to flow, whatever changes in its manner and methods the fashions

their inability to understand how much of their learning the hearer of the day may impose.

must be ignorant. At his best he is a master of the art of simplifying Yet if we look at the collected specimens of the world's eloquence complicated propositions and nice distinctions. Sometimes he is it is remarkable how little figure is cut there by the oratory of the liable to carry this habit over into his address to the court. advocate. The productions of the clergy sleep, or diffuse sleep if “ Counsel might assume that the court knows some law,” said a disturbed, in ponderous volumes awful in number and weight. The snappish judge to the advocate who was proceeding at length to declamations of the statesman repose in monumental quartos. Yet enforce assent to a proposition which was fundamental. But the only here and there has there survived in print any memorial of the

answer was a fair retort : “I made that mistake, your Honour, efforts of the lawyer for his client. There is reason for all things, with the court below.' Still more severe was the treatment of a and must be one or several for this. Some of these I would briefly similar offender by Lord Ellenborough. An eminent conveyancer, suggest.

arguing a real property case, commenced his address : “An estate The lawyer's speech is necessarily unwritten. The materials are

in fee simple is the highest estate known to the laws of England.” furnished him in the trial, and he must deal with them at once.

“Stay, stay,” exclaimed the Chief Justice, interrupting him; “let Even in these days of stenographers they are rarely reported. me write that down.” He wrote and gravely read : “An estate in Necessarily they assume a knowledge by the hearers of many things fee simple is the highest estate known to the laws of England.' fresh in their memory--the evidence, the argument replied to- The court, sir, is indebted to you for the information.' In truth, which are not to be supplied by a reader. The form which would

the more completely a speaker has made himself master of his make them intelligible to a later student would be destructive of

subject, the more difficult he may find it to get bac k into sympathy : their effect upon the hearer. They ought not to be, and seldom are, with the state of mind of even an intelligent man who has not preserved. The merit of the great advocate soon becomes a mere given it special study. Just how much your hearer knows, how tradition, and usually a short-lived one.

much he does not know, and where you are to start with him-how Then the lawyer's eloquence is exerted for temporary purposes far carry him through the processes of thought by which you have only. His object is to secure a particular and immediate action

reached your conclusion-is one of the nicest and most difficult from one or several persons whom he addresses; everything else things for the advocate to determine. It may be equally fatal to is necessarily subservient to this demand. And because this is so

talk over the head of your audience or under it, that is if your sole he must deal with the minds of his hearers in such condition as he desire is to convince or persuade. It is because this is most finds them. He can in only a limited degree make his work educa- commonly the lawyer's sole desire that he is apt to be keenly alive tive, profound, or philosophical. Making his best effort to deter- to all the difficulties mentioned. Of other public speakers, so large mine how much knowledge, what sympathies or prejudices, what a proportion are moved chiefly by desire to excite admiration of ideas of human conduct or motives he is addressing, he must con- themselves that these maxims are not applicable to them. A consider very litile the possibility of correcting his hearers' short- siderable number of hearers will always admire your learning in comings in any of these respects, and very much the possibility of inverse proportion to their ability to understand what you mean, turning their shortcomings as well as their longcomings to the and your rhetoric directly in proportion to its divergence from the profit of his client. For he has no time whatever for arguing a ordinary forms of human speech. juryman out of his previous conceptions of human nature or conduct,

The temptation before any speaker to attempt winning the perand very little for arguing the judge out of his misconceptions of sonal admiration of his audience is very great, and is properly law. “Quite so, your Honour, but - must be his ordinary form indulged where, as is frequently the case, this is the speaker's of response to the announcement from the bench of a view hostile

primary object. If he is concerned only for the advancement of to his case. A settled opinion in the judicial mind is a position not the cause for which he professes to speak, he will as a rule detract easily taken by assault, and the advocate never has time for siege from his success in this by any course which emphasises his own operations. A turning movement is all that is ordinarily left him. personality or gifts. Wit and humour are most delightful and

Consider how different the position of the clergyman who welcome accomplishments. We warm at once to the orator who addresses much the same audience from week to week and from possesses them. But few public speakers have attained reputation year to year, and whose work is largely an educative one and as humorists without having cause to lament it. They have found cumulative in its effect; or that of the political orator who labours that, though men listened to them with delight, the power to with other orators and with the press and with the pamphlet to influence their convictions was lost. There is hardly s celebrated secure results only at the end of a long campaign; or that of the

wit among the great orators who has not borne testimony to this reformer or agitator who, against hope of present success, looks to fact. The exceptions are those who never cared whether they did the result of a lifetime spent in a cause. From this arises one of more than to amuse. the striking defects in the training of the advocate as a public The fate of the speaker who strives for applause is much the orator. Truth and soundness of argument are apt to be sacrificed

The sentences which evoke thunders of cheering from an to mere plausibility. “Remember that your judges are to hear it audience are those which state, pointedly and rhetorically, the very but once

was the reply of the Greek rhetorician to the client who things they already believed or felt. Platitudes are far more complained that the defence furnished him for use on his trial, effective for this than wisdom. No man who is presented with a and which had at first seemed so masterly, had grown, as he studied new thought or with a fresh view of an old subject will break and repeated it, to sound continually more weak and inconclusive. out into handelapping over it. To even bright minds a new idea And in truth the forensic effort which is best calculated to secure the is almost as dazing as a blow on the head. One, who has received desired object, a favourable judgment, is not at all likely to be it needs time to collect his thoughts. Whenever 'a speaker succeeds the one which will bear being put in writing and perused at leisure. in putting men to thinking he will be confronted by a silent and

While the tendency to study the listener and address one's argu- half hostile audience. If he carries conviction it will not be by any ment to his supposed state of mind--the leaning toward the argu- instantaneous process. To change his hearers' way of belief, they mentum ad hominem-is the basis of much of the efficiency of an must first have time to think it over. Shall we measure the effect advocate, it is also a source of his weakness. Its effect upon any of the majestic eloquence of Burke, but the man of generous sentiments and sympathetic imagination is to make him underestimate the force of the intelligence and the

“Who, too deep for his audience, went on refining, desire to do right existing in his hearers. Nothing is more fatal

And thought of convincing while they thought of dining," to an orator than the feeling that those whom he addresses are not by the fact that he was coughed down in the House? He was to be moved by worthy emotions or are incapable of understanding listened to with weariness, and Sheridan with delight; but which sound argument.

left the greater mark on the political convictions of their time! Consider again that the lawyer is not bound to make his speech In all this, however, we are straying into the domain of eloquence attractive under the penalty of empty benches which besets other generally rather than that of the forum.

same.

says Dr.

are

The lawyer, consumed with the sole desire to carry some specific demurrer, of five or ten minutes' length, which seemed to be merely
point with his hearer, though he never doubts that oratory is an a pleasant colloquy between himseli and the judge, in the style of
art, soon ceases to regard it as a literary performance. Rhetoric, two neighbours taking about a business affair across the table.
fine language, ornament, the flowers of speech, are cast to the winds. His name was not then, as in a few years it came to be, upon
He must make himself understood. He must get his hearers to see everyone's tongue; and the youth certainly had not the faintest
the facts as he sees them and feel as he feels about them. He gets suspicion at the time that in hearing Robert G. Ingersoll at the Bar
a contempt for literary form. Writing or printing,'

he had been listening to one of the foremost of living American
Holmes, * is like shooting with a rifle; you may hit your reader's orators.
mind or miss it; but talking is like playing at a mark with the It is just at this point that many lawyers at the present day are
pipe of an engine; if it is within reach and you have time enough likely to make a mistake. In their disgust at flamboyant rhetoric
you can't help hitting it.” That mark the advocate must hit at and vociferous elocution they imagine that advocacy is not an art
any expense. Prolixity, repetition, barbarisms, inelegancies of at all. It should be all beautiful simplicity and trust to nature.
speech, are venial faults compared with a failure to put the They see the greatest advocates winning their causes by a style of
listeners in full possession of his positions. And it is to be noted address so simple, so natural, so smooth in manner that it looks
also that his audience is neither a cultivated nor a critical one in easy. But it is the height of art to conceal art. No matter how
matters of literary form, though commonly a fairly acute one in its easy it looks, be assured that no one ever mastered such a style
judgment of conduct and motive.

except at the expense of infinite pains and study and anxiety about
Then there is no one who is compelled to learn more fully than his manner of speaking. The “natural born orator bellows and
tie lawyer does that peculiar weakness of human vanity which paws the air and tears his shirt--rends his apparel, he would
prides itself upon being superior to the arts of advocacy. Jurors prefer to say. The cultivated speaker will suggest that two and
are full of it, and judges, though lawyers themselves, are by no two make four, and you feel that his treatment of the proposition
means exempt. How it poisons the very sweets of success to have is adequate. The “natural born orator” must declaim : "Now,
a judge decide in your favour, but upon a ground different from your Honour and gentlemen of the jury, I venture the assertion
that upon which you rested your case; and how many judges are that the sum of two and two always is, and must be, neither more
given to determining the issues upon a point which “counsel seem nor less than four. Will this be controverted by my opponent? I
to have overlooked." But the jury-Beware, young man, of pause for a reply.”
eloquence. Beware of saying anything bright. Distrust anything It is well for us, however, not to be hypocritical about the sort
which you think may excite admiration yourself. Rest assured of oratory that the masses admire and we do not. The insisting
that you have wrought your masterpiece of advocacy only when, in at great length and in exuberant rhetoric that two and two make
a suit you thought doubtful, the jury bring you in a wholly favour- four is distressing to the judicious, but is one of the most
able verdict, and go away with the impression that, throughout efficacious of the mere tricks of advocacy-especially where there is
your handling of the case, you have done nothing smart and said no reply to the speaker. An ingenious misstatement of an
nothing bright, have proven yourself utterly commonplace, but have adversary's position is never so effective as when followed by a
won just because you had a case that no fool could have lost.

detailed, declamatory, and passionate refutation of the things that
A familiar anecdote of Scarlett, the great English advocate, is

no one ever asserted, and insistence, backed by elaborate argument, in point. A countryman who had been serving upon the jury, and example, and illustration, upon propositions that no one dreams of had rendered verdict after verdict for the side he represented, was refuting. The uncritical hearer will be slow to believe that all asked what he thought of the lawyers engaged. “That lawyer

this storm of verbosity could have arisen unless some malignant Brougham,” he said, "is a wonderful man; he can talk, he can;

opponent had declared that two and two made fifteen. Some minds but I don't think anything of lawyer Scarlett.”

so constituted as to admire most an argument which is " Why,” said the other, “you have been giving him all the

absolutely unanswerable. But there are few questions which are

not debatable, and most arguments which have this appearance of
terdicts."
* Oh, there's nothing in that," was the reply. “He's so lucky-

finality will be found to have begged the question.
he's always been on the right side.”

All this does not in the least imply that oratory is a matter of What infinite pains, what delicate tact, what nice perception is art and training simply. The finest cultivation cannot serve to demanded of him who would convince the reason without appearing

make long tolerable the speech of one who has nothing to say; and to argue; who would touch the passions while appearing to invoke for the qualities which grace and adorn the weightier matters of the cold dictates of reason; who would melt others with the discourse, and give them the power to move the hearer, for the pathos of a situation without apparent consciousness of its pathetic

pathos and sentiment, the touch of the imagination, the wit and Signiicance; whose recital of wrongs can fire them with the indigna

humour, the perception of those delicate boundaries between the tion which he seems to deprecate-like the horseman described by

sublime and the ridiculous which only the saving grace of a sense Sheridan:

of humour can confer—these things must for the most part be “While his off heel, insidiously, aside,

numbered among the gifts of nature. Even as to the weightier, Provokes the caper which he seems to chide.”

matters of reasoning, it remains largely true that :

“ All the rhetorician's rules
Listen, for example, to the closing appeal of that prince of
advocates, Curran, in the case of Hevey v. Sirr, an action for false

Teach nothing but to name his tools."
imprisonment, significant of the state of liberty in Ireland during Such a statement will doubtless awaken protest from the whole
the political troubles of his time. . Could the efforts of any orator tribe of scholasticism which parades under the banner of Modern
who appeared to “ turn himself loose ” make the blood of an Irish Scientific Method ”'; for the cardinal principle of their faith is that
jury boil as it would at this affected repression of sentiment and it is flatly impossible for a being not trained in their system to
feeling through which is permitted to shine the white heat of draw, except by accident, correct inference from facts.
volcanic indignation?

Certainly the "scientific method,” which, since the days of Bacon,
" In every point of view, therefore, I recommend you to find, has steadily gone on from one glory to another till it seems to
and to find liberally, for the plaintiff. I have founded my advice overshadow the whole intellectual heavens, has taught its followers
upon the real circumstances of your situation; I have not to avoid some flagrant errors of induction once common. But its
iendeavoured to stimulate you into any silly hectic of fancied triumphs have been won less from any improvement in our powers
liberty. I do not call upon you to expose yourselves to the of reasoning than from patient and systematic accumulation of the
affectation of vindicating the cause of freedom and humanity; much facts from which our inductions are to be drawn.
less do I wish to exhibit ourselves to those whose property we are On the other hand, there are philosophers who maintain, and
as indignant and contumacious under their authority. Far from with a great degree of plausibility, that cultivation, even in the
it; they are unquestionably the proprietors of us; they are entitled methods of logic, has added little to the powers of the human
of right to drive us and to work us; but we may be permitted mind. That men of ancient times reasoned, and illiterate men of
arodestly to suggest that for their own sakes and for their own the present day continue to do so, as vigorously and accurately as
interest a line of moderation may be drawn. There are excesses of the most learned moderns-if reasoning from the same premises;
infliction that human nature cannot bear. With respect to her and some assert the paradox that training in formal logic and in
western negroes, Great Britain has had the wisdom and humanity the mathematics may even weaken one's power to reach sound
to feel the justice of this observation, and in some degree to act conclusions in matters when only probability or moral certainty
tipon it; and I have too high an opinion of that great and can be hoped for.
philosophical nation not to hope that she might think us not un- Of all men who make a profession of persuasion by reason, the
deserving of equal mildness; provided it did not interfere with her lawyer comes closest to and observes with most intense interest the
just authority over us. It would, I should even think, be for her intellectual processes of the ordinary citizen. Of course, there are
credit that, having the honour of so illustrious a rider, we should

lawyers, as there are men in every calling, who cannot reason and
be kept in some sort of condition somewhat bordering upon spirit, would not recognise an inference if they met it in the road. There
which cannot be maintained if she suffers us to be utterly broken is, as before remarked, some tendency in the circumstances under
down by the malicious wantonness of her grooms and jockeys." which the lawyer speaks to lead him to place too high a value on

In the days when the writer, then a growing lad, began to mere plausibility. But the stronger advocate a lawyer is, the more
dream of the law as a career and to hang around the courts, a likely is it that he will have a wholesome respect for the reasoning
controversy between two great railway companies brought to his powers of the average juryman. The arguments which he has him:
village, among the counsel whose faces were familiar there, a genial- self recognised as the best and soundest he has generally found to
looking, bald-neaded stranger, of whom rumour spoke as a rattling be the most convincing.
good lawyer,” who quickly got acquainted with everybody, and to Having dwelt upon the disadvantages under which the advocate
whom everyone who liked a good story or a witticism gravitated labours, it is to be remarked that he possesses one great advantage
during any recess of the court. He disposed of the great case in over most orators in that he is very much in earnest and able to
which he appeared, for the time, at least, in a speech upon a speak usually the things which he believes, and in the tone of

a

you. To watch the faces of one's hearers and catch in their countenances the response of the mind to the things you are saying ---to feel that you are master of your subject and are followed with close attention and appreciative sympathy by those to whom you are striving to convey that mastery, is one of the triumphs of the intellect. But, on the other hand, a sensitive speaker is equally sensitive to his failure and to his success, and must often endure the mortification of feeling that he is talking weakly and vaguely and is being followed with neither sympathy nor understanding. And here lies one of life's compensations, for, after all, the fools and dullards are the happiest of men. No one, probably, gets more satisfaction out of his own oratory than the stupid man who can prose on interminably without the faintest perception that he is boring his audience-nay, in the blessed and childlike consciousness that he is enlightening and delighting them. Study, then, diligently the art of oratory. Its rewards, in inward satisfaction, will be great if you succeed.

HEIRS-AT-LAW AND NEXT OF KIN.
BURROUGH (Edward Siddon), or his legal personal representatives claim.

ing under inquiries made in the matter of the trusts of an indenture,
dated July 8, 1861, made between Sarah Ann Siddon and others, to
come in, by Oct. 12, and prove his or their claim at chambers of
Swinfen Eady, and Neville. JJ., and enter his or their names at
Room 705, Royal Courts of Justice. Hearing Oct. 19, at 11.30, at

said chambers. Joxes (Alexander), Kensington, who died Feb. 13, 1881. His issue, or

their legal personal representatives, claiming under inquiries made i in the matter of Cusack-Smith and Tapp's contract, and in the matter of the Vendor and Purchaser Act 1874, between Jennie Lady Cusack-Smith and Robert James Tapp, to come in, by Oct. 19, at chambers of Joyce and Eve, JJ., Room 267. Hearing Oct. 31, at 12, at said chambers.

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SHILLAKER (Ellen), Market Deeping. Sept. 15; Sharpe, Wade, and

Whittome, Market Deeping.
SAWYER (John), Scarborough. Oct. 10; Robinson and Blaber, 23, Philpot.

la, E.C.
STAFF (Margaret), Lowestoft. Sept. 15; Bridgman, Willcocks, Cowland,

Hill, and Bowman, 4, College-hill, Cannon-st, E.C.
STOCKS (Ben). Huddersfield. Sept. 30; Ramsden, Sykes, and Ramsden,

Huddersfield.
STURGEON (William), Ilkley. Sept. 15; Barr, Nelson, and Co., Leeds.
Shaw (Jane Anne), Austerlands, SaddleworthSept. 12; H. Worrall,

Crimsworth, Whalley Range, and H. L. F. Berry, 40, King-st, Man.

chester, or their sol., H. L. F. Berry, Manchester. TOWLER (William), Roundhay, Sept. 30; G. Whittington, Leedg. TOREY (Sarah), Market Deeping. Sept. 15; Sharpe, Wade, and Whit.

tome, Market Deeping.
VINCENT (Lieut.-Col. Robert James), Peckham. Sept. 30; Burton and

Son, Bank.chmbrs, Blackfriars-rd.
WILLIAMS (Richard), Clapham Park and Clapham. Sept. 15; Biddle,

Thome, Welsford, and Sidgwick, 22, Aldermanbury, E.C.
WILLCOCKS (William Henry), Chorlton-cum-Hardy. Sept. 12; Lambert

and Smith, Manchester.
WOODWARD (Jessie), Malvern Link. Sept. 10; R. Woodward, at the

offices of Field, Sons, and Harrison, Liverpool
WHTE (Charles Edward). Croydon, Sept. 25, Eyre, Dowling,' and Co.,

1, John-st, Bedford-row, W.C.
WILBY (John), Armley. Sept 11; Lupton and Fawcett, Leeds.

CREDITORS UNDER ESTATES IN CHANCERY.

LAST DAY OF PROOPS.
BARTOX (Ernesto Alberto), Tacubaya, Mexico. Sept. 15; W. Horrison,' of

Higson, Son, and Harrison, sols., Manchester. Sept. 21; Registrar of

Manchester District of Chancery of Lancaster, at 11.
LEWIS (William), Churchstoke. Oct. 1; C. S. Pryce, sol., Montgomery.

Oct. 18; Warrington, J., at 1.

CREDITORS UNDER 22 & 23 VICT. C. 35.

LAST DAY OR CLAIM AND TO Wrou PARTICULARS TO BE Sext.
ANDERSON (George Wallace), Heaton. Sept. 16; Molineux and Sinton,

Newcastle-upon-Tyne.
BAIXES (Joseph), Leeds. Sept. 9; Granger, Son, and Neild, Leeds,
BRYANS (Rev. Edward De Villars), Belsize Park. Sept. 5; Sprott and

Morris, Shrewsbury.
BRADLEY (Joseph), Preston, Oct. 11; D. Houstoun, Duchy of Lancaster

Office, London.
BATSTONE' (Cicely Margaret), Paignton. Sept. 18; E. Lee Michell, Wel.

lington, Somerset.
BUCKLEY (William Henry), Rusholme. Sept. 23; E. Heath and Sons,

Manchester.
CORBRIDGE (John), Barrowbridge, Bolton, Sept. 14; Balshaws, Bolton.
C'RISP Martha), commonly known as Martha Perry, Kilburn. Sept. 19;

Noon, Clarke, and Churchill, 31, Great St. Helen's, E.C.
ÇORY (Henry), Plymouth. Sept. 21; W. C. R. Peterson, Holsworthy.
CABIERON (Lucy), Chapel Allerton, Leeds. Sept. 30; W. J. Cousins and

Fletcher, Leeds.
CLAPKE (Thomas Benjamin), Morpeth-ter, Victoria-st. S.W., and Oxford.

st, W. Sept. 30; Church, Rendell, Bird, and Co., 9, Bedford-row,

W.C.
CROPPER (Susanna Elizabeth Lydia), Liverpool and Malvern. Sept. 30;

Pley, Alcock, and Anderson, Liverpool.
('HAN BERS (Herbert Octavius), Blackheath. Sept. 9; Layton and Webber,

21. St. Helen's-pl, E.C. (CYYAH (John), Prestatyn. Aug. 31; A. Foulkea. Roberts, Denbigh. COOPCR (Maria), Blackpool Aug. 31; T. Wylie Kay, Blackpool.