“‘Equity’s an evil, but common law’s the devil.’
Pandecta, tom. ccix., p. xviii, passim.
And although jurymen are sworn to give their verdict according to the evidence, and, as a rule, observe their oath so sworn on a tenpenny Bible, yet evidence seen through the medium of a tumbler full of grog with, it may be, a little lemon and sugar in it, and in company with an advocate for one of the parties only, becomes a somewhat lop-sided affair. Hospitality is a most excellent, and we fear, in these times of depression, too rare a practice, and we should be the last to say anything to discourage it; but when administered in sixpennyworths by jurymen to counsel—of one of the parties only—during the progress of a case, and before a bar counter, it is, to say the least, somewhat out of place.
“It is to be observed also that the majority of the Court uttered no obiter dicta in their judgment. They read out no homily on the evils of drink, as they might well have done in view of the numerous young gentlemen just called to the bar, and who in the dearth of law may easily fall into evil ways; and they carefully avoided asking for such further and better particulars of the stimulants used by counsel and jury as might have given a huge and cheap advertisement to some particular brands. So far so good. Justice now takes breath. The ill-fated Alert is still lapped in the sounding depths. Ponting, the plaintiff, has succeeded on his point; at the bar of Menzies the glasses are still a-clink, and the P. and O. Steam Navigation Company is building a new steamer of 12,000 tons to carry the papers in the appeal case home to the Privy Council.
“On the same subject Mr. J. Arbuckle Reid—who was an eye-witness of the entire transaction—gives his version thus:—
“‘Mister Hoteggs, in addressing the jury,
Lashed himself into a terrible fury;
Talked wildly concerning the funnel and mast,
Till Mac—from the jury-box—spoke out at last.
Cried he, “Your rubbish is getting much stronger,