Blackwood's Edinburgh Magazine, Volume 59, No. 363, January, 1846. Various

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Blackwood's Edinburgh Magazine, Volume 59, No. 363, January, 1846 - Various


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and approached, as nearly as possible, to perfection. Amidst all the distracting multiplicity of his engagements – the sudden and harassing emergencies arising incessantly out of his prodigious practice – he preserved an urbane tranquillity which gave him on all occasions the full possession of his extraordinary faculties, enabled him to concentrate them instantly upon whatever was submitted to his attention, however suddenly – and to conquer without irritating or mortifying even the most eager and sensitive opponent. He never suffered himself to be in a hurry, or fidgeted; however sudden and serious the emergency which frighted others from their propriety, he retained and exhibited complete composure; surveying his position with lightning rapidity, and taking his measures with consummate caution – with prompt and bold decision. His guiding energies kept frequently half a dozen important causes all going on at once in their proper course. He would glide in at a critical moment – paying, in his agitated client's view, "an angel's visit" – and with smiling ease seize advantages seen by none but himself, repair disasters appearing to others irreparable, and with a single blow demolish the entire fabric which in his absence had been laboriously and skilfully raised by his opponent. No impetuosity or irritability, on the part of others, could provoke him to retaliate, or sufficed to disturb that marvellous equanimity of his, which enabled him the rather good-naturedly to convert impetuosity and loss of temper in others, into an instrument of victory for himself. When others, not similarly blessed, would, in like manner, essay to rush to the rescue, their hurried and confused movements served only to place them more completely prostrate before him. The instant after the issue had been – perhaps suddenly – decided in Sir William's favour – through some unexpected masterstroke of his – he would turn with an arch smile to his opponent, and whisper – "How did you come to let me do it?" If his advance were met sulkily, he would add, with unaffected good humour, "Come, don't be angry; I dare say you will serve me in the same way to-morrow!" Towards adverse and frequently interrupting judges – towards petulant counsel – towards impudent, equivocating, dishonest witnesses, Sir William Follett exhibited unwavering calmness and self-possession; and withal a dignity of demeanour by which he was remarkably distinguished, and which lent importance to even the most trivial cases which could be intrusted to his advocacy. Perhaps no man ever defeated a greater number of important cases, by unexpected objections of the very extremest technical character, than Sir William Follett; but he would do it with an air and manner so courteous and imposing, as to lead the uninitiated into the belief that there were doubtless good reasons by which such a course having been reluctantly adopted, was morally justified. This topic naturally leads to some observations upon the consummate skill, the wonderful rapidity of perception, precision of movement, and unfaltering vigilance, which characterized Sir William Follett's conduct of business. Doubtless his own consciousness of possessing powers and resources far beyond those of the majority of counsel opposed to him, as evidenced in his extraordinary successes, contributed, in no small degree, to his maintenance of that composed self-reliance, and forbearance towards others, by which he was so peculiarly distinguished, and which was aided by a naturally tranquil temperament. What advantage could escape one so uniformly and surprisingly calm, vigilant, and guarded as Sir William Follett? It might have been supposed that a man so overwhelmed with all but incompatible professional engagements, could not give to each case that full and undivided attention which were requisite to secure success, especially against the ablest members of the bar, who were constantly opposed to him. It was, however, very far otherwise. No one ever ventured to calculate upon Sir William Follett's overlooking a slip or failing to seize an advantage. Totus teres atque rotundus must indeed have been the case which was to withstand his onslaughts. So accurate and extensive was his legal knowledge, so acute his discrimination, so dexterous were all his movements, so lynx-eyed was his vigilant attention to what was going on, that the most learned and able of his opponents were never at their ease till after victory had been definitively announced from the bench – from a Court of Error – or even the House of Lords. They were necessarily on the qui vive to the very latest moment. Some short time before he was compelled to relinquish practice, a certain counsel was engaged with him as junior in a case before the Privy Council, which it was deemed of great moment that Sir William Follett should be able to attend to.

      "I don't exactly know how I stand in the Queen's Bench to-morrow morning," said he, at the consultation late over-night – "but I fear that that long troublesome case of the – Railway will be brought on by – at the sitting of the court. I'm afraid I can't get him to put it off – but I'll try; and if he won't, I may yet be able to settle the case before he has got far into it – for it will be very strange if all their proceedings are right."

      On this slender chance rested the likelihood of Sir William's attendance at the Privy Council. The next morning at ten o'clock, beheld all the counsel on both sides ready for action.

      "You're not going to bring on the – case this morning, are you?" whispered Sir William Follett, as soon as he had taken his seat, to his opponent who was arranging his papers.

      "I am indeed, and no mistake whatever about it."

      "Can't we bring it on to-morrow, or some day next week? It would greatly oblige me – I really have scarcely read my papers, and, besides, want to be elsewhere."

      "I'll see what my clients say," – and then he consulted them, and resumed – "No – my people are peremptory."

      "Very well. Then keep your eyes wide open. I must bring you down as soon as possible, for I want to be elsewhere."

      "Ah – I must take my chance about that" – then, turning round to an experienced and learned junior, he whispered – "You hear what Follett says? – Are we really all right?"

      "Oh, pho! never mind him – we are as right as possible."

      A few moments afterwards, up rose – , and soon got into his case, and very soon, also, to the end of it. The case had not been heard more than half an hour, Sir William Follett at once attentively listening to his opponent, and hastily glancing over his own papers, when he rose very quietly, and said – "If my learned friend will pardon me, I think, my Lord, I can save the court a very long and useless enquiry – for there is clearly a fatal objection in limine to these proceedings."

      "Let us hear what it is," said the court.

      Sir William had completely checkmated his opponent! A statutory requisition had not been complied with; and in less than ten minutes' time the enemy were all prostrate – their expensive and elaborate proceedings all defeated – and that, too, permanently, unless on acceding to the terms which Sir William Follett dictated to them, and which, it need hardly be observed, were somewhat advantageous to his own client!

      "Really this is too bad, Follett," might have been heard whispered by his opponent, as the next case was called in.

      "Not at all – why didn't you let it stand over as I asked you?"

      "Oh – you would have done just the same then as you have now."

      "I don't know that," replied Sir William Follett with a significant smile. "But why won't your people be more careful?" And then turning to his junior, said – "Now for the Privy Council!" And all this with such provoking, easy, smiling nonchalance!

      Heaven forbid that any thing here said should favour the attempt to defeat justice by technical objections; but there is, at the same time, much vulgar error on that subject, grounded on reasons which would tend to subvert all rules of law and legal procedure whatever. In the case above mentioned, the legislature had thought fit to impose on applicants for redress under the statute in question, a duty, which through haste or negligence had been overlooked, and which Sir William Follett's clients had a perfect right to take advantage of, as soon as his acuteness had detected it. To return, however. No member of the bar, let his experience and skill have been what they might, was ever opposed to Sir William Follett without feeling, as has been already intimated, the necessity of the greatest possible vigilance and research to encounter his boundless resources; his dangerous subtlety and acuteness in detecting flaws, and raising objections; his matchless art in concealing defects in his own case; and building up, with easy grace, a superstructure equally unsubstantial and imposing, and defeating all attempts to assail or overthrow it. Even very strong heads would be often at fault, conscious that they were the victim of some subtle fallacy, which yet they could


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