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Strange words these to fall from a pleader's lips in the dusty atmosphere of the praetor's court! non fori, neque iudiciali consuetudine, says Cicero himself, in the few words of graceful apology with which the speech ends. But, in truth, as he well knew, he was not speaking to the respectable gentlemen on the benches before him. He addressed a larger audience; posterity, and the civilised world.

And then the Judge, looking up, saw what no one else in the court had seen that the Colonel was sincere and in earnest; that what he had conceived to be the pleader's most perfect acting, and most elaborate irony, were the deep, serious, mirthless convictions of a man without the least sense of humor.

It follows, therefore, that the most perfect indictment is that which most resembles a spoken speech, provided only that sufficiently adequate time is allowed for its delivery. If it is not, then the orator is not at fault, but the presiding magistrate is very much to blame. My opinion receives support from the laws, which are lavish in the amount of time they place at a pleader's disposal.

Austin smiled effusively in alluding to the illustrious Roman pleader's foible of verse: but Pliny bore no resemblance to that island barbarian Nevil Beauchamp: she could not realize the friend of Trajan, orator, lawyer, student, statesman, benefactor of his kind, and model of her own modern English gentleman, though he was.

At length my period of probation in my pleader's office was over; I escaped from the dusky desk, and the smell of musty parchments, and the close smoky room; I finished eating my terms at the Temple, and returned, even, as the captain of the packet swore, "in the face and teeth of the wind," to Dublin.

If I were worthy to advise, the slow speaker, methinks, should be more proper for the pulpit, and the other for the bar: and that because the employment of the first does naturally allow him all the leisure he can desire to prepare himself, and besides, his career is performed in an even and unintermitted line, without stop or interruption; whereas the pleader's business and interest compels him to enter the lists upon all occasions, and the unexpected objections and replies of his adverse party jostle him out of his course, and put him, upon the instant, to pump for new and extempore answers and defences.

The pleader's part is, doubtless, much harder than that of the preacher; and yet, in my opinion, we see more passable lawyers than preachers, at all events in France. It should seem that the nature of wit is to have its operation prompt and sudden, and that of judgment to have it more deliberate and more slow.

The men who would have to try a defendant of his class would be, in very few cases, honest and impartial weighers of the evidence. Most of them would come into court prejudiced in some degree by the interests of party; many would be hot partisans. Cicero, in his treatise on 'Oratory', explains clearly for the pleader's guidance the nature of the tribunals to which he had to appeal.

Though Campbell speaks of Tom Warren as "the greater founder of the special pleading race," and maintains that "the voluntary discipline of the special pleader's office" was unknown before the middle of the last century, it is certain that the voluntary discipline of a legal instructor's office or chambers was an affair of frequent occurrence long before Warren's rise.

We say so too. Our names quite balance his names collectively. The game of "authorities" can be played on both sides. But is it worth playing at all? Is a great name a substitute for argument? Is authority as good as evidence? Should the jury decide according to the eminence of the pleader's friends, or according to his facts and the force of his reasoning?