Henry Northcote

by J. C. Snaith

The Age had a leading article upon the trial, and it was soon apparent to the advocate that its hostility towards himself was very marked. It said: “We venture to think that a more singular speech was never heard in a court of justice. It is not our province to advance opinions which encroach upon the right of counsel to settle for themselves what is proper and what is improper in the means they may adopt to safeguard the interests of an accused person, particularly in cases of this nature. But it does seem to us, and we believe this view is shared by the majority of competent persons who were present in court, that the course adopted by the counsel for the defence, if it were to become general, would constitute a grave public danger. Mr. Northcote is a young advocate, whose reputation is yet in the making; and in yielding to the call of his ambition, he adopted a means for the display of his forensic skill the propriety of which we venture seriously to call in question. Had Mr. Justice Brudenell—whose tragically sudden death (to which we refer on page 9) occurred within an hour of the rising of the court—been in the complete enjoyment of that mental and bodily vigor which during a period of twenty-five years he had taught the public to look for in the performance of his avocations, we are sure that, to use a mild term, such a travesty as that with which Mr. Northcote assailed the ears of the jury would not have been allowed to invade a British Court of Judicature. We are sure it would have been stopped peremptorily at the outset. As it was, a concatenation of unforeseen circumstances vouchsafed to the counsel for the defence a license of which he availed himself to the full. And the result we can only regard as lamentable.

“The youth and the limited experience of the counsel for the defence are entitled to be urged on his behalf; while the physical condition of the judge which resulted, almost immediately this extremely painful case had concluded, in his tragically sudden death, removes from his shoulders the least onus for what was allowed to take place. But at the same time it is to be urged upon ambitious members of the junior bar that yesterday’s precedent is not one to be followed with impunity. Whatever the exigencies of the moment may dictate to young counsel in course of a trial for a capital offence, public opinion will not permit the introduction of the doctrines of Nietsche into a British Court of Justice. The parody which was perpetrated yesterday upon religion at the Central Criminal Court must have been peculiarly repugnant to every reverently constituted mind, while its effect upon the verdict can only be characterized as a total failure of justice. Again the effect upon the advocate who permitted himself to indulge in an occupation so perilous was demonstrated in a remarkable and dramatic manner at the conclusion of his address. The reference he was led into making, for which afterwards he was impelled to make an unreserved apology, to the miscarriage of justice which occurred in the case of the unfortunate man John Davis a year ago, a reference which took the form of an impeachment of the learned judge himself, and of Mr. Weekes, K. C., the senior counsel for the Crown, can only be characterized as a gross breach of taste, and an equally gross disregard of those higher tenets of humanity which Mr. Northcote in addressing the jury put to a use so questionable.”

“Well done, old Blunderer,” said the recipient of this castigation, his mouth full of buttered toast, and attempting the delicate feat of propping against the teapot the instrument with which it had been administered. “In the performance of your ‘daily avocations,’ my dear old friend, you are to be admired. The ‘doctrines of Nietsche’ is distinctly good. Whatever will happen to us in this country when you can no longer be bought for threepence I am sure I don’t know.”

However, when the young man had finished his breakfast, and he had read the article again, he did not view it with quite the same air of detachment with which he had contemplated it at first. By nature he was immensely impatient of criticism. He accepted his own superiority to all the rest of the world without question, but like an arbitrary despot, he could not suffer the power of which he felt so secure to suffer misinterpretation, or the motives that impelled it to be called in question. His pride, after all, was of a ferocious and aggressive kind. The old judge’s appeal had humiliated him bitterly. This newspaper article filled him with the fury that it would have filled Voltaire.

“I see what it is,” he said, filling his pipe. “They are all in the ring, and they are afraid a rank outsider is going to break it. And so he shall!”

He finished with a volley of oaths.

The next moment tears had sprung to his eyes. Tears of chagrin, rage, disgust, of resentment against himself. How dare he be so arrogant when the words of the honest old man, spoken while the hand of death was upon him, were still in his ears. Mediocrity had its function, its reason to be. Until he had grasped that elementary truth he could never emerge, clad in valor and completeness, upon that high platform which nature had designed him to occupy. “Cad” Northcote had been the name bestowed upon him at school by his humbler but honester fellows: the same term of opprobrium had now been applied to him in a more public manner.

It was unworthy that he should ascribe the bitter antagonism he had raised against himself to the eternal feud of mediocrity versus genius. That fine gentleman, the old judge, was incapable of bearing false testimony. Outface it as he might, the flaw was in himself. It had been there from the beginning. The genie in which his intellectual pride was centred was the seat of the canker. Every time he employed it he must be aware of his fatal gift. It was a sinister talisman, or, in the words of the judge, a two-edged sword. Better a thousand times not to be distinguished from the mediocrity he was never weary of despising, than to be at the mercy of a genius that would compass his destruction.

He took up another newspaper, and turned his attention to an article entitled: “‘Bow-wow’ Brudenell, by an Old Friend.” In the course of a column of appreciation it said: “Public life is the poorer to-day by a memorable figure. Mr. Justice Brudenell had achieved an odd sort of fame. It rested upon his idiosyncrasies upon the bench; upon the curious, irascible, barking delivery he affected, which earned him the name by which he was always spoken of in the circles in which he moved. In the judgment of his profession he was hardly considered to be a ‘strong’ judge, nor was he widely popular; yet although he had detractors, he was always listened to with respect. His queer little tricks of manner and his somewhat formidable aspect created an impression in the public mind which cannot be said to have been wholly in his favor. Yet none could have told from his demeanor on the bench what the man was at heart. It would require the pen of a Charles Lamb to limn him in his quiddity. To his private friends he was a perpetual delight and stimulus; he stood for all that was worthiest in the human character. He kept a too fearful conscience ever to be truly eminent in public life, but no kinder, humbler, humaner gentleman ever walked the earth than Joseph Brudenell.

“It is to be feared that the closing days of this good man’s life were darkened by tragedy. The present writer was sitting with him in the smoking-room of a club, when a fellow member, an occupant of the Episcopal bench, carried over to him the evening paper containing the confession of the man Burcell in whose stead John Davis had suffered the extreme penalty a few days before. It would engage the pen of a dramatist to portray the self-righteousness of the bishop and the horror and bewilderment of the judge. ‘It has overtaken me at last,’ said the old judge, covering his eyes as though he had been poor blind Œdipus. ‘This is the shadow that has darkened my life during twenty-five years.’