reserved for counsel, and at both ends of this row there is a wicket gate to prevent intrusion upon these reserved seats; the space is known as being "within the bar." His costume difiers from that of his "junior," who takes a posi tion immediately behind him, in that his gown is of silk while the junior is restricted to oneof alpaca or bombazine, or, technically," stuff." Hence the Queen's Counsel is known as the "silk," and his being admitted within the bar as "taking silk." The case being called, the etiquette between counsel provides that the junior shall briefly — in literally a sentence or two — announce the contents of the pleadings. The leader then makes the opening statement. This open ing, particularly if a jury has been sworn, is a long and elaborate presentation of the case, in which everything, in cluding the correspondence between the parties and what the witnesses are expected to prove, is set out in detail. Immediately at the close of the statement, which not un commonly occupies an hour or two, the junior calls into the witness-box the first witness and takes him through his direct examination. At the close of the plaintiff's case, the leader on the other side opens in a similar way for the de fense, and his witnesses are examined by his junior. The silks or leaders reserving to themselves the right of crossexamination. When the evidence is all in, the leaders ad dress the jury in turn, and then the case is summed up by the Court. It will thus be seen that what the barrister is to the solic itor, so the Queen's Counsel is to the barrister. To the solicitor all rights of advocacy, at least in the high court, are absolutely denied, while so far as the barrister is con cerned, although he has the right, he exercises it only in the absence of his leader. In some respects, the division of the work is an advantage to the client, as it enables him to avail himself, when the case is actually before the Court, of an advocate who, by reason of his engaging in no other work, and devoting his whole time to it, becomes specially trained in the most skilful and acceptable way of presenting the points in dispute. Unfortunately, these peculiar powers are not possessed by all Queen's Counsel. The result is that most of the important work is done by half a dozen men who are naturally very much sought after. They find their tables loaded with briefs which they cannot possibly read. These briefs are therefore read and noted up for them by "devils," or young barristers who are only too anxious to handle the papers of a fashionable Q. C. If the notes are well made, the case is comparatively easy, and the opening statement is well delivered. But too often a solicitor who has marked fifty or seventy-five guineas on a brief which he has delivered to one of the prominent leaders, is in an agony
of apprehension lest the papers have not been read or the leader has only a general idea of their contents. It is need less to say that the junior is also on pins and needles as to the result, for he has no way of knowing how much the leader knows. Then, if the statement is well made, — and I must say that it is only rarely that the contrary happens,— the leader is as like as not to leave the court at its conclusion to go off to another case in another court to " open " there, or to cross-examine a witness, or to address a jury. In hi& absence the junior goes on with the case, resigning it at once to the leader upon the latter's return. Another disadvantage of the system is the cost it entails. The rule is that the junior shall have his brief marked with a fee which is two-thirds of that of his leader. If, there fore, the leader gets fifty guineas, the junior must have somewhere in the neighborhood of thirty-two guineas, whereas, if he was alone in the case, he would be quite con tent to take fifteen or twenty guineas. This, in some in stances, is avoided by giving the leader a special fee which is not taken account of in arranging the fee of the junior. It is hardly to be wondered at, with a knowledge of these facts, that the costs of litigation are so enormous in this country. Ina probate case which has just been finished, no less than four Q. C.'s and five juniors represented the parties in interest in the contest of the will. It is open gossip that the costs will amount to close upon;£ 15,000,— or $75,000! Of this amount, counsel will receive perhaps a tenth, the residue being expended in the solicitor's work. There is one word that I may perhaps add to this attempt to enlighten American lawyers as to a feature of practice which I believe is confined exclusively to English and Irish Courts, and that is how or under whit circumstances a junior may " take silk." This privilege, generally speaking, can be obtained from the Lord Chancellor, who alone con fers it only alter ten years of service at the bar as a junior. Exceptions are, however, made. Judah P. Benjamin took silk, if I remember correctly, after only three years' practice, and Mr. Carson, who came over very recently from Ireland, where he had been the attorney-general, and a leader at the Irish bar, was granted silk after only about a year's service as a junior. It must not be assumed, however, that all barristers who have been called ten years apply for silk. On the con trary, many successful men never desire to take it. It thus happens that the "junior" in the case may be a man of fifty or sixty years of age, with a large and lucrative practice, while the " leader " will be of thirty-five or forty years, and of comparatively small experience. Such cases, however, do not often occur. STUFK GOWN.
