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in addressing each other as 'learned '-'I was saying gentlemen,' continues Howler, 'that the stolen purse was not found upon the prisoner. And why wasn't it found upon her, gentlemen? Why, because she had handed it to a confederate !'

Now observe here, Rusticus, an admirable illustration of disreputable Old Bailey practice. Mr. Howler knows well that there is no statement in his brief to the effect that the purse had been handed by the prisoner to a confederate, yet, notwithstanding this, he does not, as you have just heard, hesitate to state to the jury as a fact, what is in reality only a suggestion of his own. As the prisoner is, however, defended by Mr. Bullywell, this improper conduct of Mr. Howler's has the effect of bringing that learned gentleman instantaneously upon his legs. I should be glad to be informed by my learned friend,' says old Bullywell, 'what authority he has for the statement which he has just thought fit to address to the jury. There is not one tittle of evidence,' he continues, in a stentorian voice, 'not one single tittle of evidence, gentlemen, in the depositions taken before the magistrates of the fact which my learned friend has just stated to you.'

The judge who is presiding is weak, and instead of peremptorily bidding both counsel to sit down,

and then making Howler confess that he had stated as a matter of fact what really was only a suggestion of his own, he allows an angry altercation to go on between Bullywell and Howler. At length the unfortunate Howler resumes his speech, and manages to bring it, without further interruption, to a close. He then calls the prosecutor, Mr. Chawbacon, who, as it is technically termed, swears up to the opening statement of Mr. Howler. Mr. Chawbacon is then cross-examined by Mr. Bullywell in true Old Bailey style as to the exact hour at which he had arrived in London from the country on the morning of his visit to the cattle show; how he had employed himself during every moment of that unhappy day; how many people he had spoken to; what he had had for dinner; how many public houses he had entered throughout the day, &c. &c. The examination is then proceeded with as follows:—

Bullywell: Now, sir, I will take you to the Acropolis on the night of the robbery. What did you have to drink there?'

Witness: 'I don't remember.'

Bullywell: But you must remember, sir.'

Witness: I really can't, sir.'

Bullywell: 'We'll see about that, sir!' [digs his

hands deep into his trousers pockets, eyes the jury

fixedly for a moment, and then roars out] 'What do you usually drink, sir?'

Witness: 'Beer.'

Bullywell: And how much beer had you had at the Acropolis on the night of the robbery, sir?' Witness: Perhaps two or three glasses.'

Bullywell: And how much gin had you, sir?' Witness: None, sir. I never drink gin.'

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Bullywell [solemnly]: Be careful, sir. Did you not say when you were before the magistrates that you had had a glass of gin at the Acropolis?' Witness: If I did, I don't remember having said it.'

Bullywell [with increased solemnity]: 'Is not that your signature at the bottom of that page?' [hands witness the depositions taken before the magistrates.]

Witness: 'Yes, it is.'

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Bullywell: Well, sir, don't you say there, “I had had one glass of gin at the Acropolis?"

Witness: 'Yes; I see it's stated there, so I suppose I must have said it.'

Judge: 'Are you going to put the depositions in, Mr. Bullywell ? '

Bullywell [reproachfully]: 'No, m' lud.'

I may here explain to you, Rusticus, that the effect of Mr. Bullywell's putting in as evidence on

his behalf the depositions in the case, would be to give the prosecution the right of reply, and so to deprive Mr. Bullywell of the inestimable benefit of having the last word at the jury; hence his reproachful answer to this unkind enquiry of the judge. Several of the jurymen are, it is clear by this time, much impressed by Mr. Bullywell's cross-examination upon the subject of the inebriety of Mr. Chawbacon, which fact Mr. Bullywell astutely perceiving, he continues at great length to cross-examine the unfortunate prosecutor as to whether he hadn't had more than one glass of gin at the Acropolis; whether he would swear he hadn't had six; whether upon his solemn oath he would venture to deny that he hadn't had five; whether he (the prosecutor) wished to induce those twelve intelligent men whom Mr. Bullywell saw in that box before him to believe that he hadn't had

four glasses of gin, and so on. At the close of this part of Mr. Bullywell's cross-examination two or three of the jury have fully made up their minds that the prosecutor was drunk, and quite incapable, on the night of the robbery, of knowing what he was doing. Howler, seeing this, endeavours in re-examination to set Mr. Chawbacon on his legs again by saying to him jocularly, 'Well, Mr. Chawbacon, though you had had something to

drink at the Acropolis, yet I suppose you knew quite well how to take care of yourself?' The only effect, however, of this well-meant effort of Mr. Howler's to reassure the witness is-inasmuch as Mr. Chawbacon is by this time knocked half stupid by Mr. Bullywell's cross-examination-to induce him to reply feebly, 'Well, I don't quite know about that, sir!'

Then Howler, after calling one or two unimportant witnesses, sums the case up for the prosecution in a furiously vindictive speech-the excessive ferocity of which I can only explain to you, Rusticus, by telling you that all counsel who like Mr. Howler are generally engaged in defending prisoners whenever they do happen to prosecute in a case invariably press it in the most ferocious manner against the prisoner instead of temperately laying it before the jury as they ought to do.

When Howler has finished his speech, he is of course followed by Bullywell, who feeling that he has a winning case, and that three at least of the jury are with him, (to whom he especially addresses his remarks, and whose eyes he tries to catch) launches forth into terrific denunciations of the way in which the case for the prosecution has been conducted by his learned friend. After courteously likening Mr. Howler to 'a panther

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