Sir James was a noted cross-examiner and verdict-getter, but on one occasion he was beaten. Tom Cooke, a well-known actor and musician in his day, was a witness in a case in which Sir James had him under cross-examination.

Scarlett: "Sir, you say that the two melodies are the same, but different; now what do you mean by that, sir?"

Cooke: "I said that the notes in the two copies are alike, but with a different accent."

Scarlett: "What is a musical accent?"

Cooke: "My terms are nine guineas a quarter, sir."

Scarlett (ruffled): "Never mind your terms here. I ask you what is a musical accent? Can you see it?"

Cooke: "No."

Scarlett: "Can you feel it?"

Cooke: "A musician can."