"Now," continued O'Connell, with great solemnity, and assuming an air of inspiration—"I call on you, in presence of your Maker, before whom you must one day be judged for the evidence you give here to-day, I solemnly ask—and answer me at your peril—was it not a live fly that was in the dead man's mouth when his hand was placed on the will?"
'The witness fell instantaneously on his knees, and acknowledged it was so, and that the fly was placed in the mouth of deceased to enable the witnesses to swear that life was in him.
The intuitive quickness with which O'Connell conjectured the cause of the fellow's always swearing that "life was in him," obtained for him the admiration of every one in Court, and very materially assisted in securing his professional success.
A YOUNG JUDGE DONE.
In the course of his attendance at an Assizes in Cork, he was counsel in a case in which his client was capitally charged, and was so little likely to escape, and was actually so guilty of the crime, that his attorney considered the case utterly desperate.
O'Connell entered the Court aware of the hopelessness of his client's chances. He knew it was useless to attempt a defence in the ordinary way. There was evidence sufficient to ensure a conviction. At that time it happened that the present Chief Justice, then Sergeant, Lefroy presided, in the absence of one of the judges who had fallen ill. O'Connell understood the sort of man he had on the Bench. He opened the defence by putting to the first witness a number of the most illegal questions. He, of course, knew they were illegal, and that objections would be raised.
Sergeant Goold was the crown prosecutor, and he started up, and expressed his objections. The learned Chief Justice declared his concurrence, and decided peremptorily that he could not allow Mr. O'Connell to proceed with his line of examination.
"Well, then, my lord," said O'Connell, after a little expostulation, "as you refuse permitting me to defend my client, I leave his fate in your hands;" and he flung his brief from him, adding, as he turned away, "the blood of that man, my lord, will be on your head, if he is condemned." O'Connell then left the Court. In half-an-hour afterwards, as he was walking on the flagway outside, the attorney for the defence ran out to him without his hat. "Well," said O'Connell, "he is found guilty?" "No, sir," answered the solicitor, "he has been acquitted." O'Connell is said to have smiled meaningly on the occasion, as if he had anticipated the effect of the ruse; for it was a ruse he had recourse to, in order to save the unfortunate culprit's life. He knew that flinging the onus on a young and a raw judge could be the only chance for his client. The judge did take up the case O'Connell had ostensibly, in a pet, abandoned. The witnesses were successively cross-examined by the judge himself. He conceived a prejudice in favor of the accused. He, perhaps, had a natural timidity of incurring the responsibility thrown on him by O'Connell. He charged the jury in the prisoner's favor, and the consequence was, the unexpected acquittal of the prisoner. "I knew," said O'Connell afterwards, "the only chance was to throw the responsibility on the judge."
O'CONNELL AND A SNARLING ATTORNEY.
O'Connell could be seen to greatest advantage in an Irish court of justice. There he displayed every quality of the lawyer and the advocate. He showed perfect mastery of his profession, and he exhibited his own great and innate qualities. Who that ever beheld him on the Munster circuit, when he was in the height of his fame, but must have admired his prodigious versatility of formidable powers. His pathos was often admirable—his humor flowed without effort or art. What jokes he uttered!—what sarcasms! How well he worked his case, never throwing away a chance, never relaxing his untiring energies. How he disposed of a pugnacious attorney may be gathered from the following:—