You are requested therefore kindly to say--
1. Can Mr. A. BRIEFLESS, Jun., receive a Testimonial of a bag of money without laying himself open to the charge of being an accessory before and after the fact of an act of maintenance?
2. Assuming that there is nothing in the first suggestion, will Mr. A. BRIEFLESS, Jun., in accepting the sum of money it is proposed to hand to him, be guilty of an act of contributory negligence, bringing about a loss of dignity to the Bar?
3. Should there be nothing in the latter suggestion, is it desirable that, instead of a bag of money, the Testimonial should take the shape of a golden snuff-box, a service of plate, or some equally costly article? It is strongly urged that, if practicable, this course should not be advised, as such articles are invariably embarrassing.
I do not think that the reception of a bag of money by Mr. A. BRIEFLESS, Jun., would amount to maintenance. But it would be advisable that the learned gentleman should undertake not to use any of the sum in defraying costs.
As the ancient manner of paying counsel was to drop an honorarium into the bags worn at the back of their robes, I can see nothing derogatory to the profession in Mr. A. BRIEFLESS, Jun., accepting the proposed Testimonial.
I do not see that a distinction can be drawn between coins of the realm and their equivalent. Both are equally acceptable. If Mr. A. BRIEFLESS. Jun., prefers cash to snuff-boxes, there is no reason why he should not receive the former in preference to the latter.
I would advise that the Testimonial be collected at once, and presented as quickly as possible.
I have nothing further to say beyond hinting that the project has already been taken up with a fair amount of enthusiasm. Many firms of manufacturers have expressed a desire to send subscriptions (which they wish to see published in the daily papers) on the score "that they have been happy enough never to have had cause to avail themselves of my valuable professional services."
And now I must apologise for so lengthy a contribution. I have nothing to add, save that should a Testimonial be organised, I shall be glad were the subscriptions fixed at £1 3_s._ 6_d._ Out of that sum I should, of course, deduct half-a-crown as an appropriate recognition of the services of my admirable and excellent clerk, Mr. PORTINGTON.