and dangerous it may be, and though he evidently cannot in the least
degree perceive the drift of it, before the words are out of their
mouths, he, as it were, thrusts them down again with a confident
good-humoured volubility, a kind of jocular recklessness of law and
logic, which often makes one wonder whether the judges are more inclined
to be angry or amused; nay, I have once or twice seen one of them lean
back and laugh outright, poor ---- looking upon that as an evidence of
his own success!" How different was the case with Mr. Smith, is known to
every one who has heard him argue with the judges. Nothing consequently
could be more flattering than the evident attention with which they
listened to him, and most properly; for he never threw away a word,
never wandered from the point, and showed on all occasions such a
complete mastery of his facts, and such an exact and extensive knowledge
of the law applicable to them, as not only warranted but required the
best attention of those whose duty it was to decide the case. His manner
was very respectful to the bench, without a trace of servility; and to
those associated with him, or opposed to him, he was uniformly courteous
and considerate. When he had to follow his leader, or even two of them,
he would frequently give quite another tone to the case, a new direction
to the argument, and draw his opponents and the judges after him,
unexpectedly, into the deeper waters of law. He was also distinguished
by a most scrupulous and religions fidelity and accuracy of statement,
whether of cases or facts, and documents, especially affidavits. The
judges felt that they might rely upon every syllable that fell from him;
that he was too accurate and cautious to be mistaken, too conscientious
to suppress, garble, mislead, or deceive, with whatever safety or
apparent advantage he might have done so. I have heard him say, that he
who made rash and ill-considered statements in arguing in a court of
justice, was not worthy of being there, and ought to be pitied or
despised, according as the fault arose from timidity and inexperience,