“Well, the cause was called, and up gets Peter, and he began to ‘express’, (as he always called it himself,) ‘the great distress his client and himself would labour under, if the patient and most intelligent jury then on the panel should come to the consideration of so very tedious a case as this promised to be, after their already most fatiguing exertions;’ he commented upon their absence from their wives and families, their farms neglected, their crops hazarded, and in about fifteen minutes he showed them they were, if not speedily released and sent home, worse treated and harder used than many of the prisoners condemned to three months imprisonment; and actually so far worked upon the feelings of the chief himself, that he turned to the foreman of the jury, and said, ‘that although it was a great deviation from his habitual practice, if at this pressing season their prospects were involved to the extent the learned counsel had pictured, why then, that he would so far bend his practice on this occasion, and they should be dismissed.’ Now Peter, I must confess, here showed the most culpable ignorance in not knowing that a set of country fellows, put up in a jury box, would rather let every glade of corn rot in the ground, than give up what they always supposed so very respectable an appointment; for they invariably imagine in these cases that they are something very like my lord the judge, ‘barrin’ the ermine;’ besides, that on the present occasion, Peter’s argument in their favour decided them upon staying, for they now felt like martyrs, and firmly believed that they were putting the chief justice under an obligation to them for life.
“When, therefore, they heard the question of the court, it did not take a moment’s time for the whole body to rise en masses and bowing to the judge, call out, ‘We’ll stay, my lord, and try every mother’s son of them for you; ay, if it lasted till Christmas.
“‘I am sure, my lord,’ said Peter, collecting himself for an effort, ‘I cannot sufficiently express my gratitude for the great sacrifice these gifted and highly intelligent gentlemen are making in my client’s behalf; for being persons who have great interests in the country at stake, their conduct on the present occasion is the more praiseworthy; and I am certain they fully appreciate, as does your lordship, the difficulty of the case before us, when documents will be submitted, requiring a certain degree of acquaintance with such testimonials sufficiently to comprehend. Many of the title deeds, as your lordship is aware, being obtained under old abbey charters, are in the learned languages; and we all know how home to our hearts and bosoms comes the beautiful line of the Greek poet ‘vacuus viator cantabit ante latronem.’” The sound of the quotation roused the chief justice, who had been in some measure inattentive to the preceding part of the learned counsel’s address, and he called out rather sharply, ‘Greek! Mr. Purcell—why I must have mistaken—will you repeat the passage?’
“‘With pleasure, my lord. I was just observing to your lordship and the jury, with the eloquent poet Hergesius, ‘vacuus viator cantabit ante latronem.’
“‘Greek, did you call it?’
“‘Yes, my lord, of course I did.’
“‘Why, Mr. Purcell, you are quoting Latin to me—and what do you mean by talking of the learned Hergesius, and Greek all this time?—the line is Juvenal’s.’
“‘My lord, with much submission to your lordship, and every deference to your great attainments and very superior talents, let me still assure you that I am quoting Greek, and that your lordship is in error.’
“‘Mr. Purcell, I have only to remark, that if you are desirous of making a jest of the court, you had better be cautious, I say, sir;’ and here the judge waxed exceeding wroth. ‘I say the line is Latin—Latin, sir, Juvenal’s Latin, sir—every schoolboy knows it.’
“‘Of course, my lord,’ said Peter, with great humility, ‘I bow myself to the decision of your lordship; the line is, therefore, Latin. Yet I may be permitted to hint that were your lordship disposed to submit this question, as you are shortly about to do another and a similar one, to those clear-sighted and intelligent gentlemen there, I am satisfied, my lord, it would be Greek to every man of them.’