My Massa's wife me Me kick my Massa's b-m,Strum, strum, strum, Liberty, liberty, come. 2 Me burn my Massa's wig, 3 All day him sleep, eat, shag, 4 Free prentice now I am, 5 If whiteman try to teach, Kick parson on the breech Schoolmaster now abroad, And send him home by 7 Whiteman to hell may go, XLIX. NOTES BY LORD CRINGLETIE OF THE TRIAL, DOUGLAS AGAINST RUSSELL. JURY COURT. GEORGE DOUGLAS, ESQ. commonly called Tillywhilly, for Lemon Tree Club, versus JOHN RUSSELL, Esq. Advocate. ISSUE. It being admitted that the defender is a member of the Lemon Tree Club, whereof the pursuer is an officebearer, It being also admitted that by the rules of the said Club, the members are bound to sing at the convivial meetings thereof, provided they are apt and able so to do, WHETHER the defender, in December 1830, was apt and able to sing, and whether, at a meeting of the Club then held at the British Hotel, he wrongfully refused to sing, to the injury and damage of the pursuer ? SCHEDULE of DAMAGES claimed by pursuer, £343, 17s. 54d. Counsel for Pursuer, Counsel for Defender, W. BUCHANAN, P. ROBERTSON. JAS. GORDON, R. THOMSON. MR. ROBERTSON for pursuer.-(Impossible to take notes-unintelligible-seemed on general question or no question at all-Jury laughed a great deal, but I could not see the joke.) PURSUER'S EVIDENCE. ROBERTSON put in 2d vol. of Tour in Germany, containing musical criticisms and observations.-Admission that said Tour was published by defender. W. DAUNEY, Esq. advocate-a member of the Club(admitted as inter socios, but cum nota.)-Is partial to music, and occasionally sings. Also plays the violincello. Knows defender, and has repeatedly heard him sing in the Parliament House and elsewhere.-Has heard defender acquit himself well as a singer in a low area of one1 Miss Hart-which he considers a good test.-This was in Edinburgh.-Defender is quite apt and able to sing so as to entertain any company.-Witness was present at the Meeting of the Club in question when defender refused to sing, though repeatedly urged to do so. C. NEAVES, Esq. advocate.-(Also cum nota.)—Witness has one song that he sings about Nottingham Alecorroborates preceding witness, particularly as to low area of Miss Hart. CHARLES MACDOUGALL, Esq. advocate-name not Macduggal, but Macdougall.-Knows nothing of musicdetests it is not aware that he goes by the name of the Austrian Drum-would knock any man down that called him so. Is captain of the Six Feet Club-Nihil Novit in Causa. A. MACALLAN, Esq. advocate.-Is editor of Saturday Evening Post.-Knows music thoroughly, and plays the violin. Has done so on the stage of the Caledonian Theatre. If a person can sing tolerably in a low area of Miss Hart's, would consider him apt and able to entertain any company by singing.-Knows Miss Hart perfectly. Cross-examined by Mr. Gordon.-Has never himself heard the defender sing, and rather thinks he has not a singing face. (Here it was suggested that the Jury might with advantage be allowed a view, which was granted, and which seemed to produce a striking effect.) Cross-examination of Mr. Macallan resumed.-Witness. Is the author of the Pocket Lawyer.-Is positive that more than two copies have been sold, but has not yet received a statement of profits from his bookseller. ANN HENDERSON.-Servant with the defender.-Knows defender-has known him more than once. He has an old flute and double flageolet in his room, besides an organ―a volume of outlandish songs also in his room— which she understands to be German.-Has heard singing in the dining-room, when defender was there.Thinks the chorus of the song was Scroggam.-She thought the way and manner in which the song was sung good. Never heard the song sung by any one else.Never was in the Lord Justice Clerk's service in any way. Cross-examined by Mr. Thomson.-Does not know it was defender who sung Scroggam.-It might have been his brother the minister.-Has used part of the musicbook herself for culinary and other purposes.-The organ she spoke of is in defender's bed-room-under the bed, and wants the handle. Has also known the minister. Deposition of FRAU VON HARDTSCHAGGER, taken on commission at Vienna, put in and read. Remembers defender several years ago at Vienna, when he visited witness frequently, particularly when her husband was from home. At that time defender stood well with witness. Has heard him sing snatches of songs, English and German;-used to sing one called "Scroghum." Defender was apt and able for what witness wanted of him. Sung in a soft voice in case the neighHis voice was a barytone: Is certain bours might hear it was not a soprano. He seemed to have a good ear for keeping time in any movements which the witness saw him execute, better, she used to tell him, than her own husband. On Commissioner's interrogatory.-Witness, in point of fact, never was married, but she made defender believe that she had a husband. This closed pursuer's case. JAMES GORDON in Defence.2-Every fiddle has two ends. Every case two sides. So since creation of world, since infant dawn of litigation,-jury have seen one side. Will now turn the other side to them. Great respect for pursuer,-a sheriff and a gentleman,long known him, come from same part of the country. Great respect for Lemon Tree Club, though numerous professional avocations hitherto prevented him from attending it when on North Circuit. Great respect for pursuer's counsel, of whose father he has tenderest recollection. But greater respect for truth, justice, and his client-Amicus Plato, &c. Diffidence in grappling with subject, ignorant of music as a science, though not insensible to sweet sounds, and will not deny he has been in Caledonian Theatre to see ballet, &c.; not, however, when that witness of pursuer's, whom he would not name, performed there. Would be averse, however, that Mrs. Gordon should hear of his having been where he mentioned; and begged the jury and gentlemen of the press would consider it as a confidential statement. But if he (counsel) uninitiated in music, his client much more so. Defender's a hard fate, had hitherto borne good character,-life unimpeachable as unsunned snow, had been believed author of his own book,—had been called, by high authority, too rigid a censor in morals, now sad reverse,-dire necessity,-entrapped to join club,-evil hour,-required to sing, could not, tho' universal frame of nature fall and crush him, and |