Edinburgh Under Sir Walter Scott

by W. T. Fyfe

'In the political trials of 1793 and 1794 he was the Jeffreys of Scotland. He, as the head of the court, and the only very powerful man it contained, was the real director of its proceedings. The reports make his abuse of the judgment seat bad enough: but his misconduct was not so fully disclosed in formal decisions and charges, as it transpired in casual remarks and general manner. "Let them bring me prisoners and I'll find them law" used to be openly stated as his suggestion, when an intended political prosecution was marred by anticipated difficulties. Mr. Horner (father of Francis), who was one of the juniors in Muir's case, told me that when he was passing, as was often done then, behind the bench to get into the box, Braxfield, who knew him, whispered—"Come awa', Mr. Horner, come awa', and help to hang[2] ane o' thae damned scoondrels." The reporter of Gerald's case could not venture to make the prisoner say more than that "Christianity was an innovation." But the full truth is, that in stating this view he added that all great men had been reformers, "even our Saviour himself." "Muckle he made o' that," chuckled Braxfield in an under voice; "he was hanget." Before Hume's Commentaries had made our criminal record intelligible, the form and precedents were a mystery understood by the initiated alone, and by nobody so much as by Mr. Joseph Norris, the ancient clerk. Braxfield used to quash anticipated doubts by saying—"Hoot! just gie me Josie Norrie and a gude jury, an' I'll doo for the fallow." He died in 1799, in his seventy-eighth year.'

[2] Hang was his phrase for all kinds of punishment.

CHAPTER XX

Stories of the Judges—Lord Eskgrove—His Appearance—The Trials for Sedition—Anecdotes of Circuit Dinners—'Esky' and the Harangue—The Soldier's Breeches—Esky and the Veiled Witness—Henderson and the Fine—The Luss Robbers—Death of Eskgrove.

Stories about one or other of the judges were apparently the leading feature of conversation in Edinburgh society at the end of the eighteenth century. Lord Eskgrove, who, almost in his dotage at the age of seventy-six, was appointed to succeed Braxfield as head of the Criminal Court, was about the most ludicrous and childishly eccentric of the race. For a time it seemed the whole occupation of the wits to relate anecdotes about old Eskgrove. To give these anecdotes with a recognisable mimicry of his voice and manner was, in Cockburn's phrase, 'a sort of fortune in society.' And Scott, he adds, in those days was famous for this particularly. It was not the wit or the humour of Eskgrove which amused. He seems to have had neither. It was simply his personal oddity, and the utter incongruity of such an incredible creature elevated to a position such as his. His face is described as varying from a scurfy red to a scurfy blue. His nose was prodigious: the under lip enormous, and supported on a huge clumsy chin, which moved like the jaw of a Dutch toy. He walked with a slow, stealthy step—something between a walk and a hirple, and helped himself on by short movements of his elbows, backwards and forwards, like fins. His voice was low and mumbling. His pronunciation seems to have been fantastic in the extreme, especially in the way of cutting even short words into two. The following anecdotes from Cockburn, who knew him, 'when he was in the zenith of his absurdity,' bring 'Esky' very vividly before us.

At the trial of Fysche Palmer for sedition, he made one of the very few remarks he ever made which had some little merit of their own. It was a retort to Mr. John Haggart, one of the prisoner's counsel, who, in defending his client against the charge of disrespect to the king, quoted Burke's statement that kings are naturally lovers of low company. "Then, sir, that says very little for you or your client! for if kinggs be lovers of low company, low company ought to be lovers of kinggs!"

'Nothing disturbed him so much as the expense of the public dinner for which the judge on the circuit has a fixed allowance, and out of which the less he spends the more he gains. His devices for economy were often very diverting. His servant had strict orders to check the bottles of wine by laying aside the corks. Once at Stirling his lordship went behind a screen, while the company was still at table, and seeing an alarming row of corks, got into a warm altercation, which everybody heard, with John; maintaining it to be "impossibill" that they could have drunk so much. On being assured that they had, and were still going on—"Well, then, John, I must just protect myself!" On which he put a handful of the corks into his pocket, and resumed his seat.

'Like the poor man in the story, Lord Eskgrove was "sair hauden doon by yon turkey cock." The plague of his life for more than a year was Henry Brougham. In revenge the judge used to sneer at Brougham's eloquence by styling it or him the Harangue. "Well, gentle-men, what did the Harangue say next? Why, it said this" (mis-stating it); "but here, gentle-men, the Harangue was most plainly wrong, and not intelligibill."

'Everything was connected by his terror with republican horrors. I heard him, in condemning a tailor to death for murdering a soldier by stabbing him, aggravate the offence thus: "And not only did you murder him, whereby he was bereaved of his life, but you did thrust, or push, or pierce, or project, or propell, the le-thall weapon through the belly-band of his regimen-tal breeches, which were his Majes-ty's!"

'In the trial of Glengarry for murder in a duel, a lady of great beauty was called as a witness. She came into court veiled. But before administering the oath Eskgrove gave her this exposition of her duty—"Young woman! you will now consider yourself as in the presence of Almighty God and of this High Court. Lift up your veil; throw off all modesty, and look me in the face."