Page:The Green Bag (1889–1914), Volume 20.pdf/710

 MR. JUSTICE HAWKINS Racing Calendar; the only recreation which he dearly loved was the Turf, and the only club of which he was proud to be a member, was the Jockey Club. American readers should be informed that the Jockey Club is one of the most exclusive clubs in London. Within the limits of an article it is impossi ble to give anything more than a slight sketch of the prosecution of Arthur Orton for per jury, and yet in writing of Henry Hawkins it is impossible to pass over in silence his greatest achievement. The heir to the Tichborne baronetcy and estates was shipwrecked while on board the Bella, and drowned in 1854. In 1865 a butcher of Wagga Wagga, in Australia, assumed the title and claimed the estates. This man — Arthur Orton — returned to England and brought an action for ejectment at Westminster before Chief Justice Bovill. His leading counsel were Serjeant Ballantine and Mr. Giffard (since Lord Chancellor Halsbury). The counsel for the Trustees of the Estate (that is the real heir) were the Solicitor General Coleridge (afterwards Lord Chief Justice of England), Mr. Hawkins and Mr. Bowen (afterwards Lord Justice of Appeal). Lord Brampton contends that his predecessors had so bun gled their cross-examination of the claimant, that by their questions they had furnished him with -information to carry on his impos ture. He also contends that he was brought in to lead for the defense, but that owing to his junior at the Bar, Mr. Coleridge, being appointed Solicitor General, by a well rec ognized rule, Sir John Coleridge as a " Law Officer of the Crown" led for the defense. According to Lord Brampton, the whole case from the commencement of the Chancery proceedings (and Lord Brampton is always severe on Equity Counsel) was nothing but a comedy of blunders. Mr. Hawkins did, however, some execution in the trial before Bovill, because he was allowed by his Leader (Coleridge) to cross-examine some of the witnesses, and the long spun out trial ended at last in a verdict for the defendants and

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the order for the prosecution of the claimant for perjury. By this time the claimant had (on the principle of the snowball) accumulated an enormous amount of false evidence as well as a multitude of loyal friends. We are told that Sir John Coleridge " would a second time have deprived the country of the services of Mr. Hawkins, but higher influences pre vailed," and Mr. Hawkins was appointed to lead for the Crown. No wonder Lord Bramp ton describes this trial as "the greatest effort of my life." It lasted one hundred and eighty-eight days and occupied the attention of the English-speaking world. Mr. Hawkins's opening speech was con fined to six days, his reply to nine. Mr. Hawkins was a most concise and pungent speaker, and absolutely fearless in the dis charge of his duty to his client. He writes that when he rose to reply, he "felt as one about to plunge into a boundless ocean, with the certain knowledge that everything de pended upon my own unaided efforts as to whether I should sink or swim." "Bravo! Bravo, Hawkins!" said the presiding Lord Chief Justice Cockburn, as Mr. Hawkins was passing near him in leaving the Court after the finish of his reply. " I have not heard a piece of oratory like that for many a long day." The conviction of Arthur Orton for perjury after Mr. Hawkins's cross-examina tion and advocacy was a foregone conclusion. A Parliamentary return showed the total costs of the Tichborne prosecution to have been £60,074 195 4d, of which £23,676 175 od went in counsel's fees. On November 2, 1876, Mr. Manisty and Mr. Hawkins were sworn in as judges. No greater contrast could be imagined than these two counsel, yet both proved useful public servants. Mr. Justice Manisty began life as a solici tor, and his patience, courtesy and learning made him a first-class judge in civil actions, just as Mr. Justice Hawkins was an ideal judge in criminal actions. We may apply to both the words used by Lord Brampton of