Blackwood's Edinburgh Magazine, Volume 59, No. 363, January, 1846. Various

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СКАЧАТЬ the most important cases in the courts of equity, in courts of error, and the common law courts in banc; all the great cases depending before parliamentary committees, till he entered the House of Commons; every special jury cause of consequence in London and Middlesex, and in any of the other counties in England, whither he went upon special retainers; compensation cases, involving property to a very large amount; – in all these cases, the first point was – to secure Sir William Follett; and, for that purpose, run a desperate race with an opponent. Every morning that Sir William Follett rose from his bed, he had to contemplate a long series of important and pressing engagements filling up almost every minute of his time – not knowing where or before what tribunal he might be at any given moment of the day – and often wholly ignorant of what might be the nature of the case he would have to conduct, against the most able and astute opponents who could be pitted against him, and before the greatest judicial intellects of the kingdom: aware of the boundless confidence in his powers reposed by his clients, the great interests entrusted to him, and the heavy pecuniary sacrifices by which his exertions had been secured. Relying with a just confidence on his extraordinary rapidity in mastering all kinds of cases almost as soon as they could be brought under his notice, and also on the desire universally manifested by both the bench and the bar to consult the convenience and facilitate the business arrangements of one, himself so courteous and obliging to all, and whom they knew to be entrusted at a heavy expense to his clients, with the greatest interests involved in litigation; relying upon these considerations, and also upon those others which have been already alluded to, Sir William Follett undoubtedly permitted briefs to be delivered to him, all of which he must have suspected himself to be incapable of personally attending to. It must be owned that on many such occasions he may not – distracted with the multiplicity of his exhausting labours – have given that full consideration to those matters which it was his bounden duty to have given to them; and his conduct in this respect has been justly censured by both branches of the high and honourable profession to whom the public entrusts such mighty interests. Still he turned away business from his chambers which would have made the fortunes of two or three even eminent barristers, and has been known to act with spirit and liberality in cases where his imprudence on the score alluded to had been attended with inconvenience and loss to his clients. Nor was he always so fortunate, as latterly, with respect to his clerks; who had, equally with himself, a direct pecuniary interest3 on every brief which he accepted, and consequently a strong motive for listening with a too favourable ear to the importunities of clients. The necessary consequence of all this was occasionally the bitter upbraiding of Sir William Follett's desperately disappointed and defeated clients. Still, however, he did make most extraordinary efforts to satisfy all the claims upon his time and energies, and at length sacrificed himself in doing so; to a very great extent foregoing domestic and social enjoyments – sparing himself neither by night nor by day, neither in mind nor body. Crowded with consultations as was almost every hour of the day not actually spent in open business in court – from the earliest period in the morning till the latest at night – it was really amazing that he contrived to obtain that perfect mastery of his ponderous and intricate briefs, which secured him his repeated and splendid triumphs in court. Till within even the last eighteen months, or two years, if you had gone down one morning at half-past nine to Westminster, you might have heard him opening with masterly ease, clearness, and skill, a patent case, or some other important matter, before a special jury; and immediately after resuming his seat, you would see him go perhaps into an adjoining court of Nisi Prius, in which also he was engaged as leading counsel, and where he would quickly ascertain the exact position of the case – and effectively cross-examine or re-examine a witness, or object to or support the admissibility of evidence; – then if you followed his footsteps, you would find him in the Lord Chancellor's Court, engaged in some equity case of great magnitude and difficulty. Some time afterwards be might be seen hastening to the Privy Council – and by about two or three o'clock at the bar of the House of Lords, in the midst of an admirable reply in some great appeal or peerage case. When the House broke up, Sir William Follett would doff the full-bottomed wig in which alone Queen's counsel are allowed to appear before the House of Lords, and, resuming his short wig, reappear in either – or by turns in both – the Courts of Nisi Prius, where he had left trials pending, having directed himself to be sent for if there should arise any necessity for it. Then he would in a very few moments calmly possess himself of the exact state of the cause, and resume his personal conduct of it, as effectively as if he had never quitted the Court. If he could be spared for a quarter of an hour, he would glide out, followed by one or two counsel and attorneys, to hold one, or perhaps two consultations, in cases fixed for the next day. On the court's rising – perhaps about six or seven o'clock, he would go home to swallow a hasty dinner; then hold one, two, or even three consultations at his own house; read over – as none but he could read – some briefs; and about eleven or twelve o'clock make his appearance in the House of Commons, and perhaps take a leading part in some very critical debate – listened to with uninterrupted silence, and with the admiration of both friends and foes. The above, with the exception of taking part in the debate of the House of Commons, was an average day's work of the late Sir William Follett! And was it not the life of a galley-slave chained to the oar? He had, however, chosen it, and would not quit his seat but at the icy touch of death. Such appears to be a fair and temperate account of the real state of the case, with reference to Sir William Follett's great anxiety to acquire money, and his over-eagerness in accepting briefs. Great allowances ought undoubtedly to be made for him, on the grounds above suggested; and, with reference to the former case, another consideration occurs, which ought to have been already more distinctly adverted to. Sir William Follett had a right to regard his elevation to the peerage as a matter almost of course. Had he lived possibly only a few months longer, he would, in all probability, have become a peer of the realm; and he ought to be given credit for an honourable ambition to avoid the imputation of having inflicted a pauper peerage upon the country. Frail he knew his health to be; and doubtlessly contemplated the necessity of providing suitably for the family whom he was to leave behind him, and which he had ennobled. But what was involved in providing, under such circumstances, "suitably" for a noble family? What ample means would have to be secured by one who had inherited no fortune himself, but was, on the contrary, the sole architect of his fortunes? What prodigious efforts are necessary for a lawyer to realise, by his own individual exertions, an amount which would produce an income of five, four, or even three thousand a-year? And let any one of common sense, and ordinary knowledge of the world, ask himself – whether the highest of those amounts is more than barely sufficient, without undue economy, to provide for a dowager peeress and a young family! That such considerations were not lost sight of by Sir William Follett, but, on the contrary, were stimulants to his intense, unremitting, and exhausting labours, it is easy to understand; and they sprang out of a high, and honourable, and a legitimate ambition. But whatever weight may be attached to these considerations – and generosity and forbearance towards the dead will attach great weight to them – they are no answer to much of the charge brought against the late Sir William Follett, and which ought not to be glossed over and explained away – that, in his excessive eagerness to accomplish his object, he was hurried into an occasional forgetfulness of that nice and high sense of moral principle which ought to regulate every one's conduct – especially those in eminent positions – for the sake of illustrious example, and, in a man's own case, with reference to the awful realities of hereafter: for a man should strive so to pass through things temporal, as not to lose sight of things eternal.

      Let us now, however, endeavour to point out some of the excellences of Sir William Follett's character; and perhaps the most prominent of them was his admirable temper. Continually in collision with others, on behalf of important interests entrusted to him, and exposed to a thousand trials and provocations – that temper, nevertheless, scarce ever failed him. Serene and unruffled on the most exciting occasions, his manners were perfectly fascinating to all those who came in contact with him. A rude or unkind expression may be said never to have fallen from his lips towards an opponent – or, indeed, any one; towards juniors and inferiors he was always good-natured and considerate; and towards the judicial bench he exhibited uniformly a demeanour of dignified courtesy and deference. He was very tenacious of his own opinions – confident in the propriety of his view of a case —apparently so, always, for he could assume a confidence though he had СКАЧАТЬ