MAYHEW V. SPOONER. 161 
and respectability of Mr. Mayhew, I cannot suppose it is a question 
of money — I do not believe it is. 
Mr. Cockburn. — Still a man is not bound to pay the costs of a 
proceeding that is forced upon him. 
Chief Baron Pollock. — I do not think I am called upon, brother 
Wilkins, to express any opinion ; I think it would be very unbe- 
coming in me. 
Mr, Sergeant Wilkins. — I will not say another word upon it. 
Chief Baron Pollock. — If you made a direct appeal to me, what 
I would do in your situation, I would answer. 
Mr. Cockburn. — All I can say, my lord, is, that I am quite 
willing, on the part of the plaintiff, to leave the matter in your 
lordship’s hands, and bow to your decision. 
Mr. Sergeant Wilkins. — I will do the same. 
Chief Baron Pollock. — If I were in your situation, I would cer- 
tainly tender the costs of coming here : according to my experience 
at the bar, that is what should be done. It was really necessary to 
come here. 
Mr. Sergeant Wilkins. — Of course, having submitted to your 
lordship’s decision, I am bound by it. 
Chief Baron Pollock. — In your situation it is what I should cer- 
tainly have done : if I had been in your situation, practising at the 
bar, I should have tendered to the other side the payment pf the 
costs. I do not see how a gentleman could sit down under that 
imputation without taking some steps ; and I begin to feel very 
much the force of the remarks made by Mr. Cockburn. I do hope 
that the absurd and almost insane, as well as wicked, practice of 
duelling is very fast going out ; and, in order that it may be extin- 
guished, juries should do their duty when they are fairly and pro- 
perly called upon. 
Mr. Sergeant Wilkins. — Will your lordship pardon me for call- 
ing your attention to the first observation I If any thing on the 
face of the earth, one would suppose, would provoke a gentleman to 
that barbarous system of vindicating his honour, it would be the 
being told that he is stating that which he knew to be untrue. If 
any man told me so, I declare to God I should tremble for the con- 
sequences : I do not know what I should do. 
Mr. Cockburn. — My friend is putting a tortuous construction 
upon my words. 
Mr. Sergeant Wilkins. — I am not ; I use your very words. 
Mr. Cockburn. — My friend is mistaken as to the course I took. 
Chief Baron Pollock. — I have given you my opinion, and my 
opinion is formed on the practice of a great many years at the bar ; 
and I assure you, in your situation, what I should have done would 
