522 
madyersions. It was at that time no 
common spectacle, to observe a man, so 
‘little known to the court and. the bar, 
commenting, with asperity of remark, 
on the conduct of a powerful statesman, 
who held an elevated. post in, the admi- 
nistration, and distinguishing himself by 
a species of confidence not usually felt in 
early, efforts of public. speaking, under 
circumstances. that rendered -it more 
prudent, to abstain from personal seve- 
sily, and. to conciliate the court he was 
addressing... These strictures.on Lord 
Sandwich were uiqnestionably severe, 
hint they are not unfounded. Colonel 
Luttrell, speaking of bim in the House of 
Commons, observed, with a pointed 
cloquence, that “ there is in his conduct 
such a sanctimonious composure of 
guilt, that the rarity and perfection of 
the vice almost constitute it a virtue.” 
This was the first trial of his taients at 
the bar, having been called-only in 
Trivity-Term, and having been em- 
ployed for Capt. Baillie in the Michael- 
mas ‘Term following. He is said to 
have been indebted for this opportunity 
to no iuterference, recommendation, or 
connexion, His acquaintance with 
Capt. Baillie originated in his having 
accidentally met him at the table of a 
common friend. Almost immediately 
afterwards Mr. Erskine appeared at the 
bar of the House of Commons, as coun- 
sel for: Mr. Carnan, the bookseller, 
against a bill introduced by Lord North, 
them prime minister, to re-vest in the 
universities the monopoly in Almanacks, 
which Mr. Carnan had succeeded in 
abolishing by legal judgments, and he 
had the good fortune to place the noble 
Jord in a considerable minority upon a 
division, 
‘To the reputation which — these 
speeches conferred upon bim, it has 
been said, that he refers the subsequent 
success he has experienced in his pro- 
fession, and) that, ashe left the court 
upon tbat, occasion, nearly thirty ‘briefs 
were offered to bim by atlorneys who 
were present.. He was now surrounded 
by clients, and occupied by. business, 
Of the. various cases in which he was 
employed, it would be absurd to expect 
any mention, as they comprised. the 
whole of the ordinary and daily transae- 
tions of the term and tbe sittings... For 
twenty-five years he was not cngaged in 
this or that cause, but literally, for plain- 
tiff or defendant in every cause, aiid 
there was a‘ constant struggle which 
should retain him first. : 
The public feelings, in 1799; were 
; 
Biographical Sketch of the late Thomas Lord Erskine. 
[Jan. tf, 
altogether occupied by the itteresting 
trial of Admiral Keppel... Mr. Erskine 
was retained as ‘couisel, for the admiral, 
owing to the ignorance which Danning 
and Lee (who. were originally engaged) 
displayed. of .sea;plirases, withontisome 
knowledge};of whichthe,-case - would 
have been nbintelligibie... The duty of a 
counsel, before.a court-martial is bimited 
by the rules.and usages,of ihe court: he 
is not permitted to put.any question to 
the witnesses; but he may suggest to his 
client such as oceur to him as, netessary 
to be asked; nor, is he :saffered-to ad- 
dress the court; and almost, the) only 
assistance he can render,is, in! the 
arrangement of his defence, and. the 
communication of such remarks on the 
evidence as are most likely/to\ present 
themselves only to the minds of, those 
who are habituated to. the rules of) testi- 
mony in courts of justice... 'This service 
for Admiral Keppel was most effectually 
and. ably rendered’ by, Mr. Erskine. 
Having drawn, up his defence, |Mr. 
Erskine personally examined, allithe ad- 
mirals and captains. of the, fleet) and 
satisfied himself that he;could substan- 
tiate the innocence of his,.client; before 
the speech which he had written for him 
wasread. For his exertions he received 
a thousand guineas; and it,,was the 
proudest office of his life to have,sayeda 
good and honourable man from, disgrace; 
and, even amidst the splendours,of his 
succeeding fortunes, Mr. Erskine always 
looked back on this event. with peculiar 
satisfaction and triumph. ORY 
He was now in possession of dle best 
second business in the King’s .Bench; 
by which is meant, that sort. of, business 
in which the lead is not given, to .the 
counsel who have .not..yet obtained) a 
silk gown, and a seat within. the jbar. of 
the court; but an event took place in 
1780, which called bis talents into ac- 
tivity on the memorable oceasion, of ; de- 
fending Lord George: Gordon. Mr. 
Erskine was retained jas counsel for, his 
lordship, in. .conjunction,.with Mr. 
Kenyon, afterwards ChiefJustice..).The 
duty which more immediately devolved 
on Mr. Erskine was that of, replying. 10 
the evidence; a duty whichhe sustained 
with infinite judgmentand \spirit..., His 
speech on this trial abounds with many 
of the most finished graces. of rhetoric. 
li is rapid and impetuous;, and_alto- 
gether in that style and character.which 
are most impressive in judicial assem- 
blies. The exordium is, composed,atter 
the artificial method of the ancients, who 
neyer begin an oration without..aa 
appeal 
