She generally does, whether she has company or

not.

Have you seen your niece drink tea ?—I have.

Do you think your wife and she had tea that afternoon?—I do really believe they had.

Does your wife generally have bread and butter, or toast with her tea, or not?-She generally chuses toast and butter.

What time did you return home from work?About seven in the evening.

What had you for supper?-We had some of a sirloin of beef roasted.

Did your niece eat of that?-She eat a small quantity of that, but could not eat much.

What did she drink after that?-She drank a small quantity of ten-shilling beer."

This cross-examination was ridiculed by Foote in a farce, in the performance of which he exercised his talent of mimicry by a very successful exhibition of Mr. Willes's peculiarity of voice and

manner.

In vindication of Willes, Mr. Malone has observed, (in his Inquiry into the authenticity of the Papers, &c. which, in 1795, were published as the writings of Shakspeare, Queen Elizabeth, and the Earl of Southampton,) "Persons who are not conversant with legal subjects, or the true object

of lawyers in their examination of evidence, are frequently surprised at minute questions put to witnesses, which they think either vexatious or impertinent; and on such occasions, the wellknown question which a late admired comic actor introduced into one of his pieces, and which he rendered still more ridiculous by imitating the thin and stridulous voice of an eminent barrister, who was afterwards raised to the Bench, Pray, now let me ask you, was,-the-toast buttered on both sides?' is often mentioned with much satisfaction and applause by those who have attended more to the humour of the theatre, than the investigation of truth.-But the judicious lawyer, when he asks, not precisely such questions as the English Aristophanes has invented for him, but, in the case (we will suppose) of a disputed will,-whether the testator, when he made and published it, was sitting up in his bed, or in an arm chair;-what was the size or form of the room,-how many persons were present,-who lighted the candles, or furnished the wax with which it was sealed? &c. perfectly understands what he is about; and, in cases of fiction or fraud, the event often proves the propriety of such an examination ; for by the answers given to these questions, compared with the testimony of others, and the real fact, the instrument set up is quickly overthrown." (State Trials, vol. xix. p. 475.)

S

LORD CHIEF JUSTICE WILLES.

66

"Chief Justice Willes," says Miss Hawkins, in her Memoirs, (vol. ii. p. 254,) was a man of so little personal decorum, that he was perpetually offending against the respect due to his office. He would play cards at the public rooms at watering places; and one night, when so engaged, he was extremely annoyed by a young barrister, who feigning himself intoxicated, stood by the table, looked over his cards, and was so troublesome, that at length Willes spoke sharply to him.Sir,' said he, pretending to stagger, Ibeg pardon; but I wanted to improve in playing whist; so, so I came to look over-you; for if— if I, I, I am not mistaken, Sir,-you are a judge." To this anecdote we may subjoin the account of his Lordship given by Horace Walpole, in his "Memoirs."

Lord Chief Justice Willes was designed for Chancellor. He had been raised by Sir Robert Walpole, though always browbeaten by haughty Yorke, and hated by the Pelhams, for that very attachment to their own patron; as Willes's nature was more open, he returned their aversion with little reserve. He was not wont to disguise any of his passions.-That for gaming was notorious; for women, unbounded. There was a remarkable story current, of a grave person coming

to reprove the scandal he gave, and to tell him, that the world talked of one of his maid-servants being with child.--Willes said, What is that to me?' The monitor answered, 'Oh, but they say, it is by your Lordship.' And what is that to you?' He had great quickness of wit, and a merit that would atone for many foibles; his severity to, and discouragement of that pest of society, attornies; hence his court was deserted by them, and all the business they could transport carried into the Chancery, where Yorke's filial piety would not refuse an asylum to his father's profession." (Memoirs, vol. i. p. 78.) .

LORD COWPER AND RICHARD CROMWELL.

"Charles Yorke told this fact. His father, Lord Hardwicke, was in the Court of Chancery when Lord Cowper was hearing a cause, in which Richard Cromwell had some concern. The counsel made very free and unhandsome use of his name, which offending the good feeling of the Chancellor, who knew that Cromwell must be in court, and at that time a very old man, he looked round, and said, Is Mr. Cromwell in court?' On his being pointed out to him in the crowd, he very benignly said, Mr. Cromwell, I fear you are very incommodiously placed where you are: pray come and take a seat on the bench by me. Of course no more hard speeches were uttered

against him. Bulstrode Whitelock, then at the bar, said to Mr. Yorke, This day so many years

ago, I saw my father carry the great seal before Such is that man through Westminster Hall.' the version of this story given by Miss Hawkins. (Memoirs, vol. ii. p. 254.) It is thus given in the Biographia Britannica: "In 1705, he (Richard) lost his only son, Oliver, who died on the 11th May, having never married. By this event, Richard became entitled to a life-estate in the manor of Hursley, which, having been part of his wife's jointure, had devolved to Oliver, in right of his mother. In consequence of his son's decease, the old gentleman sent his youngest daughter to take possession of the estate, which she accordingly did; but not, it seems, with a view of surrendering it to her father. She and her sisters, it is said, forgetting their duty, and even the dictates of humanity, refused to give it up to him, alleging that he was superannuated, and proposing to allow him a small yearly sum. This conduct was the more criminal, as he had ever been very fond of his children, and had treated them with the greatest tenderness and affection. The advanced age of Richard did not prevent him from behaving on this occasion with becoming spirit. He scorned to submit to the award of his daughters, and a process at law was the consequence. As he was obliged to appear in person in court, his sister,