words of the document as they exist, and omitting to do so, renders the indictment bad. The first authority I refer to is a case1 where it was held, that when a note intended to be dated August, had, on the left-hand side of the heading, the letters Au, and the letter u appeared, when the note was produced, written so like the letter n that it could not pass for a u, it was a fatal variance." He cited other cases, and the Court, agreeing that a variance was shown, the prisoner was forthwith discharged. Thus my acquaintance with O'Connell's legal eminence on circuit, is merely traditionary, but all yield him the highest place. His political position must have materially served to increase his professional prospects. He had a large and prosperous connection throughout the counties of Clare, Limerick, Kerry, and Cork. In the assize towns of Ennis, Limerick, Tralce, and Cork, were residing the cousins of Counsellor O'Connell. No one more fully admitted the relationship than the counsellor himself. When each kindred claimed they had their claim allowed; and, when the cousinship of the claimant was at all remote, Dan addressed him as "My dear kinsman." Born and reared amongst the people, possessed of tact beyond almost any man that ever lived, no one succeeded so thoroughly in reading that difficult pagethe human mind. He became at once and for ever popular. His fine athletic figure, smiling, joyous countenance, his archness, and irresistible drollery, seized upon every avenue to the Irish heart, and tones of deep pathos moved stern breasts to tears; while his fund of humour and flashes of merriment, like gleams of sunshine, brightened the tear-drops as they fell. It has been well said, indeed, that the Irish heart was the harp he loved to play upon, and assuredly he swept the chords with a master hand. He was a deep read, skilful, and ready practitioner, and his funds of legal knowledge were as often used and drawn upon by his political adversaries as by his friends.

A few Bar anecdotes of this eminent man, whose political character has almost caused his professional reputation to pass into oblivion, may not be deemed out of place in these "Recollections."

Once, while defending a man charged with murder, the prin11 Lewin, C. C. 138,

cipal witness to the fatal transaction having concluded his story, O'Connell took him in hand with the direct question—

"Were not you after taking a drop when this happened?' "Sartainly," said the witness, "I took a drop that day." "How much might the drop have consisted of-a glass?" "Yes," replied the witness, "I drank a glass of spirits, surely." "May be, if you recollect, you took a second?" said O'Connell. "Why, I suppose I took as good as two."

"Come, man-did not you take as good as three that day?" "I don't know, faix; may be I did."

"By virtue of your oath, did not you drink a pint of whisky before you saw the men fight?"

"I took my share of it."

"Was not that all but the pewter?"

"It was!" The jury discredited his testimony, and the prisoner was acquitted.

Before Sergeant now Lord Chief-Justice Lefroy had gone circuit as judge, he had recently attended a meeting for the conversion of Jews, while Dan, of course, had his Roman Catholic meeting. In one of the circuit towns, a man was tried before the learned sergeant for robbing a house of articles of vertu, and O'Connell defended the prisoner. Several coins were produced to be identified as part of the property taken. Some were Eastern, others from the city of the Cæsars. requested to be shown the coins.

The Judge

"Hand his Lordship the Jewish ones," said Dan, "but give me the Roman."

O'Connell was always most observant of his religious duties, and of the days of fasting and abstinence enjoined by the Catholic Church. He seldom permitted a violation of these ordinances of his church by any of his co-religionists on circuit to pass unreproved. Coming in to dinner rather late one Friday, he found himself placed next a brother Roman Catholic, who was discussing several veal cutlets. "I'm surprised at you," said Dan; "you ought to be ashamed of yourself—you, a Catholic, giving public disedification, eating meat on a Friday."

"I protest to Heaven, O'Connell,” replied the other, "before you came in I eat as much fish as any two."

Returning to the career of the gentleman from whom I have digressed, Mr. William D. Freeman. He filled the office of assistant-barrister for Galway, and, although visited by more than one attack of paralysis, as these unwelcome notices to quit. proved more hurtful to the activity of his body than to the energy of his mind, he continued to attend his Court of Quarter Sessions. While presiding in the Galway Court-house, in October, 1853, his lower jaw was observed to droop, and Dr. King, who happened to be on the Bench at the moment, rushed forward, and caught Mr. Freeman as he was falling from the judgment-seat. Mr. Freeman looked at him, as if deprecating his interference, but it was too evident he had received another summons. He snored audibly, and was removed to his lodgings. The attack was rapid and destructive in its effects, and in two hours he ceased to breathe. He was succeeded in the chairmanship by an amiable man and intelligent assistant-barrister, Mr. Hans Hamilton.

THE RIGHT HON. DAVID R. PIGOT.

Mr. Pigot was attorney-general when I went circuit first, but joined us on the retirement of the Whig administration in 1841. He became a member of the circuit on being called to the Bar in 1826, and stepped at once into business. He was a native of the county Cork, born at Kilworth, a small town where his father practised as a physician. There is a pretty little place called "Park," overhanging the Ariglen river, commanding a charming view of the wild Kilworth mountains, which Mr. Pigot occupied while a student for the Bar, and a small summer-house adjoins the dwelling, where the future distinguished leader of the Bar, and Lord Chief-Baron of the Court of Exchequer, laid the foundation of his fame.

Here, in this small summer-house, fitted-up as a study, did he store his mind with the learning which was to gain for him so high a position in after years. Demosthenes never made greater exertions to qualify himself for the proud place he occupied amongst the orators of Greece, than Mr. Pigot did to shine as a member of the Bar of Ireland. He had a mirror before which he was accustomed to declaim, noting the gestures most easy

and graceful, and forming that style of delivery which wins the sight, while the charm of his well-modulated voice attracts the ear. No one appears to have studied Lord Chesterfield's letters to more purpose, and certainly the Graces have not been neglected. But, while thus observant of the accessories, the ambitious law-student by no means neglected the more important elements of success. He dived into the depths of Jurisprudence. The most elaborate treatises, Coke upon Littleton, Fearne on Contingent Remainders, Watkyn on Conveyancing, Barton's Law of Real Property, and the Reports, were studied with unflagging earnestness and zeal. Having been united to the object of his early affections, also a native of Kilworth, Mr. Pigot repaired to London for some years, which he employed in studying the intricacies of special pleading, and other branches of law. He was a pupil in the chambers of Mr. Tindal, late Chief-Justice of the English Court of Common Pleas. While in London he associated with other Irish law-students; among them the late Mr. Commissioner Baldwin, Q.C., the late Mr. James Henry Blake, Q.C., the late Mr. Malachy Fallon, &c.: they were members of a literary society called Decemvirs, and debated historical as well as legal questions. Mr. Pigot was very literary, and his mind, being stored with the traditions of his native land, he is said to have contributed some fairy legends which appear in the collection of Mr. Crofton Croker. He also had a great taste for music, and performed agreeably on the violin. While in London, he meditated an intention of devoting himself to the English instead of the Irish Bar, and was with some difficulty induced to change his purpose. He was the representative of the borough of Clonmel during some sessions; but, although a pleasing speaker, did not altogether realize in the House the expectations which his readiness at the Bar had led people to form. Thus, like Lord Erskine, and several other leading advocates, he was better suited to the bar of the Courts than to the floor of St. Stephen's. Mr. Pigot went out with the Whigs in 1841, and then resumed his old circuit. He was an able Nisi Prius advocate, very cautious and precise, well acquainted with the law of evidence, and the style of his addresses to the jury left nothing to be wished. If a fault existed, it was from

over zeal; but Dr. Johnson has said, "It is easier to cut off redundancies than supply deficiencies."

On the elevation of Lord Chief-Baron Brady to the office of Lord Chancellor, the Right Hon. D. R. Pigot obtained the vacant chief seat among the Barons of the Exchequer.

TH

ART. II. THE PRESENT STATE OF THE
MATRIMONIAL LAW.

HE high legal intellect of the day has undertaken the allimportant task of restoring an equilibrium between our legal institutions and public opinion. Though it must be admitted that it would have been more to the credit of the country that this adjustment should have been attempted at an earlier period, yet the public are grateful for the advent of this new spirit, and accompany the amenders of our laws with their best wishes.

It cannot be denied that some of the condemned institutions are as low in their character and operation, as public opinion is high in the conclusions which it has come to of what they ought to be, and no unthinking laudator temporis acti can dispute the justness of this observation, if he be brought to compare our matrimonial law as it is, with the matrimonial law which a true sense of morality and social amelioration strenuously calls for. The one is a draft out of the cramped traditions of a misinterpreted Christianity; while the other is the lex vera which reason dictates and Scripture allows.

In the following remarks, it is our intention to confine ourselves to a consideration of the vinculum of marriage, and to comment upon the opinions which have been publicly propounded, with a view to the liberalization of the laws which now regulate it.

Since our former papers on this subject,' an attempt has been made by the Government, and it has been well seconded by the highest department of the Legislature, to supply some of the defects and deficiencies of which we then complained. Amongst

1 Law Mag. vol. 1. p. 275; vol. li. p. 36.