BIOGRAPHICAL SKETCHES. 441
consequence of which many were injured, and Mr. Smith, banker in Edinburgh,
unfortunately killed.
Lord Eldin died a bachelor; and, old maid-like, he had formed such an
attachment to cats, that his domestic establishment could always boast of at least
half-a-dozen feline indwellers. When called on by a client, he was generally
found seated in his study, with a favourite Tom elevated on his shoulder, and
purring about his ears.'
Throughout the whole of his career as a barrister Mr. Clerk took infinite
delight in ridiculing the bench. To one amiable individual, now no more, he
was invariably rude ; and whilst his lordship acted as an ordinary in the Outer-
House, he suffered a species of torture that required great natural sweetness and
kindness of disposition to endure. Lord Craigie, the person alluded to, being
himself a most excellent feudal lawyer, highly respected the talents of Mr.
Clerk ; and although many occasions occurred, which a man of vindictive feeling
would eagerly have seized on, to punish his tormentor, still he uniformly passed
them over. Clerk, however, did not come off so well with the Inner-House.
On one occasion: having used rather strong language towards one of the bench,
the presiding judge most properly called him to order, and required him instantly
to make a suitable apology to the venerable and excellent individual whom he
had insulted. It was a bitter pill to swallow j but, as there was no alternative,
the discomfited lawyer-who did not aspire to the honour of judicial martyrdom
-was compelled to succumb.
Mr. Clerk was of a convivial disposition, and the contrast between the
crabbed lawyer and the good-natured Zlon vivant was great. Being a member of
the Bannatyne Club, he invariably attended the anniversary dinner ; and no
one could enjoy with greater zest the good things which Mr. Barry unsparingly
lavished on such occasions. Until within a year or two of his death, Sir Walter
Scott, as president, uniformly took the chair ; and it is not surprising that, in
the witchery of his company, libations to Bacchus should have been more
frequent than perhaps was beneficial to the health of the assembled members.
At the termination of one of these feasts, where wit and wine contended for
the mastery, the excited judge (for Mr. Clerk had then been raised to the
bench), on the way to his carriage, tumbled down stairs, and, miserabile &tu,
broke his nose-an accident which compelled him to confine himself to the
house for a day or two. He re-appeared, however, with a large patch on his
olfactory member, which gave a most ludicrous expression to his face. On some
It is said he was so much disturbed, when pondering over a very long law paper 01: one occasion,
by a number of these animals making a hideous noise in the green at the back of his house, that he
rose up, and throwing open the window, endeavoured viva voce, to quell the disturbance. His efforts,
however, were to little purpose ; but before adopting more effectual measures, he generously resolved
to give the four-footed caterwaulem the full benefit of law as provided in the case of tumultuous bipeds.
The riot act was accordingly read by his lordship with all due form and deliberation ; but even this
solemn intimation waa disregarded ; and it was not until he had fired a pistol among them that the
disturbers of his quiet were put to flight. [Tb is understood
to have occurred late in life, when the faculties of Lord Eldin had become somewhat impaired.]
His lordship then resumed his studies.
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412 BIOGRAPHICAL SKETCHES.
one inquiring how this had happened, he said it was the effect of his studies.
‘‘ Studies ! ” ejaculated the inquirer. ‘‘ Yes,” growled t,he judge ; “ ye’ve heard,
nae doot, about Cuke upon Littleton, but I suppose you never before heard of
Clerk upon Stair !”
The smalrestate of Eldin devolved to his brother ’CVilliam, one of the Jury-
Court Clerks ; but he bequeathed his property, under the burden of a few legacies,
to his friend, Charles ROSSE, sq., advocate.
VI1.-SIR JOHN CONNELL was admitted a member of the Scottish
bar in 1788. In 1795 he was appointed Sheriff-Depute of Renfrewshire; and,
in 1805-6, he was chosen procurator for the Church of Scotland, and enjoyed
an extensive practice in church causes. On his appointment to the office of
Judge of the Court of Admiralty in 1816, and consequent resignation of the
Sheriffship of Renfrewshire, he received gratifying proofs of the satisfaction
which he had given in the discharge of the duties of the latter situation, from
the flattering resolutions which were passed at meetings of the county of Renfrew,
of the Magistrates of Paisley, and of the Faculties of Sheriff Procurators of
Renfrewshire. On the abolition of the Court of Admiralty, in 1830, he
received a similar testimony from the Faculty of Admiralty Procurators. He
died suddenly in April 1831, at Garscube, the seat of his brother-in-law, Sir
Archibald Campbell, Bart., of Succoth.
Sir John was the author of “A Treatise on the Law of Scotland, respecting
Tithes and the Stipends of the ParochiaI Clergy,” 3 vols. Edin. Svo, 1815, of
which a second edition, in 2 vols. appeared in 1830; also, “A Treatise on the
Law of Scotland respecting the Erection, Union, and Disjunction of Parishes ;
the Manses and Glebes of the Parochial Clergy ; and the Patronage of Churches,”
Edin. 1818, 8vo.
By his lady, a daughter of Sir Ilny Campbell, he had several children.’
To this work he added a Supplement in 1823, 8vo.
VII1.-JOHN HAGART, of Glendelvine, passed advocate in 1784, and
had at one period no inconsiderable share of practice at the bar. He was firmly
attached to the principles of Fox, and his political zeal may be said to have in
some degree exceeded his prudence. Carrying the same unbending spirit into
e the conduct of his professional pursuits, he was unfortunate enough to incur the
censure of the Court ; and he had the singular notoriety of attempting to subject
the Lord President in an action of damages for expressions made use of on the
bench. This novel prosecution was founded on certain remarks unfavourable
to Mr. Hagart, indulged in by his lordship, both while presiding in the Second
Division as Lord Justice-clerk and after his promotion to the Presidency,
The first instance complained of occurred in 1809, when the Lord Justice-
His eldest son, Arthur, a member of the Faculty of Advocates, wrote “A Treatise on the Election
Law in Scotland,” Edin. 1827, 8vo-a useful work, but now rendered of le8s consequence by the
passing of the Reform Bill. Mr. Arthur Connell also turned his attention to the study of chemistry,
in which science he was undentood to be deeply versed.