John Smith was the son of Mr. Dyer Berry Smith, a printer, engraver, and wholesale stationer in a very extensive way of business in Prospect Row. Forty or fifty years ago his firm was known all over the country, for they printed the bill-heads for nearly every grocer in the kingdom, the imprint, "Smith and Greaves, sc.," being prominent on every one. John was born in Prospect Row, in the year 1819. He was intended by his father for the medical profession, and spent some years in preliminary studies. He was exceedingly fond of chemistry, in which he became very proficient, and the study of which continued to be a favourite pursuit all his life. He had also considerable skill as an anatomist, and it is known that, within a few years of his death, having caught a mole in his garden, he dissected it most skilfully, with a view to discover the peculiarities of the eyes and optic nerves of that singular animal. His knowledge of chemical and medical science was, in after life, of great service to him. No doubt it was a considerable factor in the marvellous defence he made of Palmer, the Rugeley poisoner, which, though unsuccessful, was universally considered amongst lawyers to have been a masterpiece of professional skill.
Having abandoned the idea of becoming a medical practitioner, as not affording scope for his energetic spirit, he was articled to the late Mr. Alexander Harrison, the solicitor. Immediately after the expiration of his articles, Smith made his appearance in the Bankruptcy Court as an Advocate. In this capacity he showed very great tact, and an intimate knowledge of every minute point of practice. His pleasant voice and manner soon made him a favourite; and he applied himself to this branch of his profession with such success, that it may be said that down to his death there was scarcely a bankruptcy case of any importance in the Birmingham Court in which he was not professionally engaged on one side or the other.
He possessed consummate ability, an imperturbable temper, and great confidence in himself. His marvellous coolness under the most embarrassing circumstances, his quickness of apprehension, his ready wit, and his boundless fertility of resource, have won him many a legal victory. It is but justice, however, to add that his easy notions as to truthfulness occasionally carried him over difficulties which would have been insurmountable by a man of more acute moral sense.
His memory was very tenacious. I had once a very remarkable instance of this. I was dining at the "Acorn" one Monday, and Smith was there. He came to me after the cloth was cleared, and said, "Didn't I see you at Vince's Chapel last night?" On my replying in the affirmative, he began to eulogise the sermon, which he said he had repeated the night before, word for word, to some friends at his house, after he got home. Knowing his failing, I smiled incredulously, but he began immediately to recite the sermon verbatim, and I verily believe that he could have gone through the whole without a mistake of a single word.
It is well known that he was often short of money. On one occasion he wrote to George Edmonds, asking for a loan of seven pounds, adding, "on Wednesday I will faithfully promise to repay you." Edmonds sent the money, and on Wednesday called at Smith's office, expecting to be repaid. After the usual civilities, Edmonds asked for the cash. Smith affected to be ignorant, but on Edmonds saying, "Well, I've got your note promising to repay me to-day," said, "Let's look at it, old fellow; there must be some mistake." The note was produced, and after reading it, Smith said, "I thought you must be wrong, and I find it is so; this note says that 'on Wednesday I will'—what? Pay? No. 'Faithfully promise.' Well, I do now faithfully promise to repay you, but Heaven knows when you'll get the money."
Some years ago one of the Banks brought an action against some one who owed them money, and Smith was retained for the defence. He first attempted to compromise the action, but he found that his client had in some way so annoyed the directors and the manager, that they would not entertain any proposition; the case therefore stood for trial at Warwick Assizes. Smith hit upon a very novel expedient. He caused subpœnas to be served upon every clerk in the bank and upon the manager. The latter had what is technically called a subpœna duces tecum, in virtue of which he was under an obligation to produce at Warwick the whole of the books of the establishment. This caused great dismay, it being seen that if the trial were to go on, the business of the bank must be entirely suspended. The result was that Smith's terms were accepted, and the action was settled.
During the "railway mania" of 1845 a company was formed in Birmingham for making a railway from Wolverhampton to Birkenhead, and Smith was its solicitor. The company, like many others, "came to grief." The directors were great losers, and much litigation followed. In those days there were no "winding up" arrangements, and the creditors of defunct companies had to sue individual directors to recover the amount of their claims. One action in connection with this company came on for trial at Warwick, in 1847 or 1848, before the late Mr. Justice Patteson. Mr. M. (the present Justice M.) was counsel for the defence, and Smith was a witness for the plaintiff. The Judge was deaf, and Smith's loud voice and clear replies evidently pleased him. He complimented Smith, who was soon in one of his best humours, his broad, merry face beaming with smiling good-nature. His examination-in-chief being over, Mr. M. got up, prospectus in hand, and majestically waving a pair of gold eye-glasses, said, "Well, Mr. Smith, I see by this prospectus that the solicitor of this company is John Smith, Esquire, Upper Temple Street, Birmingham; are you 'John Smith, Esquire?'"
Smith (with great energy): "I AM!"
Mr. M. (evidently disconcerted): "Oh! very good, Mr. Smith; very good! H'm! I see by your prospectus that you had a large number of persons connected with you in this matter. You had, I see, Parliamentary agents, solicitors, London solicitors, local solicitors, consulting engineers, acting engineers, surveyors, auditors, secretary, and a variety of other officers. Had you standing counsel, Mr. Smith?"
Smith (folding his arms, and with the greatest possible coolness): "No, we hadn't, Mr. M.; but I remember the subject being discussed at one of our board meetings, and I mentioned your name as that of a rising young man at the Bar, and there was some idea of retaining you."