As a Preacher of the Gospel of the Lord Jesus Christ, his teaching was especially characterised by perfect faith in the infinite love and mercy of G.o.d, and by deep and tender sympathy with the hopes, the sorrows, and the struggles of men.

As a Citizen, his generous zeal for the poor, the suffering, and the oppressed, made him the strenuous advocate of all efforts for social and political reform.

The sweetness of his nature, the purity of his life, and the manliness and simplicity of his character, compelled the respect and attracted the friendship of those who differed from him. His courage, integrity, courtesy, and charity, won the affection, and his eloquence commanded the admiration, of all cla.s.ses of his fellow-townsmen, by whom this memorial is erected as a tribute to his personal worth and public services.

JOHN SMITH, SOLICITOR

Everybody in Birmingham knew "Jack Smith, the lawyer." It was something worth remembering to see him drive up New Street in the morning on his way to his office. Everything about his equipage was in keeping. The really beautiful pair of ponies; the elaborate silver-trimmed brown harness; the delicate ivory-handled whip; the elegant little carriage; the smart boy-groom behind; and the radiant owner in front. Most carefully, too, was the owner "got up." His white hat; his well-fitting coat, with its gay flowers in the b.u.t.ton-hole; his scrupulously clean linen; the bright buff waistcoat; the blue necktie, and the diamond pin, all seemed to harmonise with his broad, merry, brown face as he pa.s.sed along, with a sort of triumphant air, glancing from side to side, and greeting with a roguish, happy-looking smile such of the foot pa.s.sengers as he happened to know. Everybody turned to look at him; and most people looked as if they felt it to be a compliment to be recognised by him in the street.

[Ill.u.s.tration]

John Smith was the son of Mr. Dyer Berry Smith, a printer, engraver, and wholesale stationer in a very extensive way of business in Prospect Row. Forty or fifty years ago his firm was known all over the country, for they printed the bill-heads for nearly every grocer in the kingdom, the imprint, "Smith and Greaves, sc.," being prominent on every one. John was born in Prospect Row, in the year 1819. He was intended by his father for the medical profession, and spent some years in preliminary studies. He was exceedingly fond of chemistry, in which he became very proficient, and the study of which continued to be a favourite pursuit all his life. He had also considerable skill as an anatomist, and it is known that, within a few years of his death, having caught a mole in his garden, he dissected it most skilfully, with a view to discover the peculiarities of the eyes and optic nerves of that singular animal. His knowledge of chemical and medical science was, in after life, of great service to him. No doubt it was a considerable _factor_ in the marvellous defence he made of Palmer, the Rugeley poisoner, which, though unsuccessful, was universally considered amongst lawyers to have been a masterpiece of professional skill.

Having abandoned the idea of becoming a medical pract.i.tioner, as not affording scope for his energetic spirit, he was articled to the late Mr. Alexander Harrison, the solicitor. Immediately after the expiration of his articles, Smith made his appearance in the Bankruptcy Court as an Advocate. In this capacity he showed very great tact, and an intimate knowledge of every minute point of practice. His pleasant voice and manner soon made him a favourite; and he applied himself to this branch of his profession with such success, that it may be said that down to his death there was scarcely a bankruptcy case of any importance in the Birmingham Court in which he was not professionally engaged on one side or the other.

He possessed consummate ability, an imperturbable temper, and great confidence in himself. His marvellous coolness under the most embarra.s.sing circ.u.mstances, his quickness of apprehension, his ready wit, and his boundless fertility of resource, have won him many a legal victory. It is but justice, however, to add that his easy notions as to truthfulness occasionally carried him over difficulties which would have been insurmountable by a man of more acute moral sense.

His memory was very tenacious. I had once a very remarkable instance of this. I was dining at the "Acorn" one Monday, and Smith was there.

He came to me after the cloth was cleared, and said, "Didn't I see you at Vince's Chapel last night?" On my replying in the affirmative, he began to eulogise the sermon, which he said he had repeated the night before, word for word, to some friends at his house, after he got home. Knowing his failing, I smiled incredulously, but he began immediately to recite the sermon _verbatim_, and I verily believe that he could have gone through the whole without a mistake of a single word.

It is well known that he was often short of money. On one occasion he wrote to George Edmonds, asking for a loan of seven pounds, adding, "on Wednesday I will faithfully promise to repay you." Edmonds sent the money, and on Wednesday called at Smith's office, expecting to be repaid. After the usual civilities, Edmonds asked for the cash. Smith affected to be ignorant, but on Edmonds saying, "Well, I've got your note promising to repay me to-day," said, "Let's look at it, old fellow; there must be some mistake." The note was produced, and after reading it, Smith said, "I thought you must be wrong, and I find it is so; this note says that 'on Wednesday I will'--what? Pay? No.

'Faithfully promise.' Well, I do now faithfully promise to repay you, but Heaven knows when you'll get the money."

Some years ago one of the Banks brought an action against some one who owed them money, and Smith was retained for the defence. He first attempted to compromise the action, but he found that his client had in some way so annoyed the directors and the manager, that they would not entertain any proposition; the case therefore stood for trial at Warwick a.s.sizes. Smith hit upon a very novel expedient. He caused subpoenas to be served upon every clerk in the bank and upon the manager. The latter had what is technically called a _subpoena duces tec.u.m_, in virtue of which he was under an obligation to produce at Warwick the whole of the books of the establishment. This caused great dismay, it being seen that if the trial were to go on, the business of the bank must be entirely suspended. The result was that Smith's terms were accepted, and the action was settled.

During the "railway mania" of 1845 a company was formed in Birmingham for making a railway from Wolverhampton to Birkenhead, and Smith was its solicitor. The company, like many others, "came to grief." The directors were great losers, and much litigation followed. In those days there were no "winding up" arrangements, and the creditors of defunct companies had to sue individual directors to recover the amount of their claims. One action in connection with this company came on for trial at Warwick, in 1847 or 1848, before the late Mr.

Justice Patteson. Mr. M. (the present Justice M.) was counsel for the defence, and Smith was a witness for the plaintiff. The Judge was deaf, and Smith's loud voice and clear replies evidently pleased him.

He complimented Smith, who was soon in one of his best humours, his broad, merry face beaming with smiling good-nature. His examination-in-chief being over, Mr. M. got up, prospectus in hand, and majestically waving a pair of gold eye-gla.s.ses, said, "Well, Mr.

Smith, I see by this prospectus that the solicitor of this company is John Smith, _Esquire_, Upper Temple Street, Birmingham; are _you_ 'John Smith, _Esquire_?'"

Smith (with great energy): "I AM!"

Mr. M. (evidently disconcerted): "Oh! very good, Mr. Smith; very good!

H'm! I see by your prospectus that you had a large number of persons connected with you in this matter. You had, I see, Parliamentary agents, solicitors, London solicitors, local solicitors, consulting engineers, acting engineers, surveyors, auditors, secretary, and a variety of other officers. Had you standing counsel, Mr. Smith?"

Smith (folding his arms, and with the greatest possible coolness): "No, we hadn't, Mr. M.; but I remember the subject being discussed at one of our board meetings, and I mentioned your name as that of a rising young man at the Bar, and there was some idea of retaining you."

The effect was electrical. Everybody in court was convulsed with laughter. The judge put down his pen, threw himself back in his chair, and laughed until he shook like a piece of _blancmange_. As soon as he could recover himself, he asked, in tones tremulous with suppressed mirth, "Are you satisfied, Mr. M.?" Mr. M. was completely nonplussed; could make no defence; tried to "rub it off" by delivering himself of a homily upon the degradation it was to the Bar of England that some of its members should be capable of lending themselves to the promotion of "Bubble Companies;" but it would not do. He lost his temper; he lost his case; and it was many years before he heard the last of it.

Some friends of mine had been directors of this company, and I had a good deal to do with winding it up. Smith's bill was a curiosity.

Two items in it are probably unsurpa.s.sed in the whole records of the taxing masters' offices. They were as follows:

s. d.

"Attending, making inquiries, at the houses of eight hundred applicants for shares, and twelve hundred referees, including calls made at the residences of various tradesmen, tax collectors, and others in their respective neighbourhoods--say, two thousand attendances, at six and eightpence each 666 13 4

"Twelve hundred letters to referees, at five shillings each 300 0 0

It is needless to say that the greater part of these charges was disallowed.

I met him one morning on the platform of the old Duddeston Row Station. We were both going to London. He proposed that we should ride together, but as I had taken a second-cla.s.s ticket and he a first, I pointed out the difficulty. "Oh, never mind," said he; "come in here, they never charge extra for any friends of mine;" so I was persuaded to go in his carriage. We were alone, and he kept me laughing the whole of the way. On arriving at Camden Town, where the tickets were then collected, I took from my purse the amount of the excess fare, so as to be in readiness for the collector. As soon as he appeared at the window, Smith set up an unearthly scream; put on a most extraordinary expression of face; and feigned madness. This behaviour so frightened the poor collector, that, keeping his eye fixed upon Smith, he mechanically held out his hand; took my ticket without looking at it; and hurried from the carriage, evidently congratulating himself upon a lucky escape.

Smith occasionally got into trouble with the "powers that be;" and in one case, where he was obstinate, an "attachment" was issued, under which he was confined for a few days in Coventry Gaol. He became, in a day or two, the life and soul of the place. I was shown a letter written by him from prison to the opposing solicitor, asking him to go over to arrange terms of settlement. "You can come at any time," wrote Smith; "you'll be sure to find me at home."

He certainly was no common man, and but for one or two unfortunate deficiencies in his character, he might have risen to great heights in his profession. He had abilities of no common order, and he had a "taking" way that was very fascinating. Even those who knew his failings, and could hardly accord him their _respect_, could not help _liking_ the man. His somewhat untimely and sudden death caused much regret. On the morning of September 23rd, 1867, in accordance with his usual practice, he went for a ride on horseback, returning to his house in Sir Harry's Road about half-past ten. Feeling somewhat faint, he retired to his room; a fit of apoplexy supervened. Mr. Samuel Berry, and Mr. Oliver Pemberton, were hastily summoned. On their arrival, Smith was found to be insensible, and by twelve o'clock at noon he had ceased to breathe. He was in his 49th year.

FINIS.