JOHN SMITH, SOLICITOR

"Some say He bid His angels turn askance The poles of Earth some ten degrees or more From the sun's axle; they with labour pushed Oblique the centric globe,... ...to bring in change Of seasons to each clime; else had the spring Perpetual smiled on Earth with verdant flowers, Equal in days and nights."

The condition of his mind at this time was so eloquently described to me by this friend, that I shall quote his words as I took them down from his own lips: "To ordinary appearance his mind was like a common flower; with beauty, perhaps, that would not catch the unobservant eye; but intimate as I was, I could discover in his homely talk, beauties that those who only knew him slightly could not observe, because he kept his petals closed. He did not open to many, but I saw, or thought I saw, the germs of what he afterwards became."

The lecture was a great success, and the conductors of the Sunday school had no difficulty afterwards in persuading him to give short addresses to the children. He appears about this time to have decided to become a preacher, and his character became deepened and intensified by the determination. This is so well described in a letter from Farnham that I shall again quote: "When he first fully made up his mind to give his attention to preaching and teaching, he and I were deputed to visit a village about an hour's walk from this town to canvass the houses, and see if a Sunday school could be established. I remember it was about this time of the year, and with what delight my friend seemed to drink in all the beauties of Nature on that quiet Sunday morning.He seemed, to look on these things with new eyes; and he often, in years long after, referred in sermons and in speeches to that Sunday morning's walk."

The Sunday school was established, and here, "in one of Surrey's prettiest villages," Vince preached his first sermon in a cottage.

At this time, too, he became a politician, taking his lessons and forming his political creed from a most unlikely source, apparently. This was theWeekly Dispatch, a paper that in those days was scarcely thought to be proper reading for young people. He read it, however, with avidity, and there is no doubt that it had much to do with forming his political character, and in laying the foundation of the sturdy inflexibility with which he held to his political principles. One of his early friends says, "He liked theWeekly Dispatch. The politics, being racy, had a great attraction for him, and he used to drink them in ravenously."

From this time he was the "pet speaker" of the place. His lectures at the Mechanics' Institute were delivered frequently, and became immensely popular. The lecture-room was far too small for the eager listeners who crowded to hear him. "A large market room" was taken, and here, when he lectured, there was no space for many who wished to hear him. He preached on Sundays in the villages around, and at length was asked to occupy a pulpit in Farnham itself. "I remember," says one of his friends, "his first sermon in the old Congregational Chapel. The place was crammed to excess, by people too who were not in the habit of attending such places."

All this time, this "carpenter, and son of a carpenter," worked diligently at his trade; but a sudden vacancy occurring in the management of the Farnham British Schools, he was asked to become the master. He did so. He left the carpenter's bench on a Saturday, and became schoolmaster on the following Monday. This, however, was but a temporary arrangement, for he was at the time negotiating with the managers of Stepney College to become a pupil there; and, an opportunity shortly afterwards occurring, which he had very promptly to accept or refuse, he somewhat abruptly vacated his seat as a schoolmaster, and became once more a scholar.

This was in 1848. He remained in the college four years, and he soon learned to laugh heartily at his Farnham Latin and his Farnham lectures. He was in the habit, while at the college, of going on Sundays to hear the best preachers in the Metropolis, and he has told me that he often walked from Stepney to Camberwell to hear Melvill, who was then the most popular preacher in London.

At the end of his academic career he was invited to become the minister at Mount Zion Chapel, in Birmingham. How he laboured here every one in the town can testify, and I need not say one word; but there is one fact that should be more generally known, as it shows one result of his work. In the year before he came to Birmingham (1851), the sum collected in this chapel for the Baptist Missions was £28 4s. 11d. The report for 1874—the last under his care—gives the amount collected in the year as £332 5s. 5d.

I am obliged to omit much that is interesting, but I have at least shown that his childhood's home was comfortable and respectable, and that he did not spend his boyhood among companions unworthy of him. In his native town his memory is as warmly cherished as it is in Birmingham. His last public act there was to preach the first sermon in a new and remarkably handsome Congregational Church, and it is said that on that occasion, the number of people who sought to hear him was so great, that the Church, although a spacious one, would not contain the half of them. "There was no room to receive them; no, not so much as about the door."

A handsome gothic cross has recently been erected over Vince's grave. It bears the following inscription:

TO THE MEMORY OFCHARLES VINCE,BORN, JULY 6, 1824; DIED, OCTOBER 22, 1874:WHO FOR TWENTY-TWO TEARS WAS THE MINISTER OF GRAHAM STREETCHAPEL, IN THIS TOWN.As a Preacherof the Gospel of the Lord Jesus Christ, his teaching was especiallycharacterised by perfect faith in the infinite loveand mercy of God, 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 forsocial and political reform.The sweetness of his nature, the purity of his life,and the manliness and simplicity of his character, compelled the respectand 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 classes of his fellow-townsmen,by whom this memorial is erected as a tribute to hispersonal worth and public services.

TO THE MEMORY OFCHARLES VINCE,BORN, JULY 6, 1824; DIED, OCTOBER 22, 1874:WHO FOR TWENTY-TWO TEARS WAS THE MINISTER OF GRAHAM STREETCHAPEL, IN THIS TOWN.As a Preacherof the Gospel of the Lord Jesus Christ, his teaching was especiallycharacterised by perfect faith in the infinite loveand mercy of God, 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 forsocial and political reform.The sweetness of his nature, the purity of his life,and the manliness and simplicity of his character, compelled the respectand 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 classes of his fellow-townsmen,by whom this memorial is erected as a tribute to hispersonal worth and public services.

TO THE MEMORY OFCHARLES VINCE,BORN, JULY 6, 1824; DIED, OCTOBER 22, 1874:WHO FOR TWENTY-TWO TEARS WAS THE MINISTER OF GRAHAM STREETCHAPEL, IN THIS TOWN.As a Preacherof the Gospel of the Lord Jesus Christ, his teaching was especiallycharacterised by perfect faith in the infinite loveand mercy of God, 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 forsocial and political reform.The sweetness of his nature, the purity of his life,and the manliness and simplicity of his character, compelled the respectand 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 classes of his fellow-townsmen,by whom this memorial is erected as a tribute to hispersonal worth and public services.

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 button-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 passed along, with a sort of triumphant air, glancing from side to side, and greeting with a roguish, happy-looking smile such of the foot passengers 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.

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 considerablefactorin 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 practitioner, 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 embarrassing circumstances, 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 sermonverbatim, 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 Assizes. Smith hit upon a very novel expedient. He caused subpœnas to be served upon every clerk in the bank and upon the manager. The latter had what is technically called asubpœna duces tecum, 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-glasses, said, "Well, Mr. Smith, I see by this prospectus that the solicitor of this company is John Smith,Esquire, Upper Temple Street, Birmingham; areyou'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 ofblancmange. 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 unsurpassed in the whole records of the taxing masters' offices. They were as follows:

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-class 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 theirrespect, could not helplikingthe 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.

FINIS.

Bull Street, Birmingham in 1840

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and the principal Nobility and Clergy of Europe.The NEW BERLIN CARTES, as executed of the Family of His Royal Highness theCROWN PRINCE OF PRUSSIA, and for which Mr. F. Scott received His Highness's highestapproval, 6s. per dozen.The New Patent Permanent SILICATED CARTES, 10s. per dozen.Their New Patent FERRANTI-TURNER AUTOTYPE PHOTOGRAPHS, from £3 3s.,in frame, complete.SHOW ROOMS OPEN FROM NINE TO SEVEN DAILY.

JAMES TUCKER,BURLINGTON ARCADE, NEW STREET,SOLE AGENT FOR BIRMINGHAM AND DISTRICT FORFELTOE & SONS, LONDON."THE SPÉCIALITÉ" SHERRY, 30/- DOZEN,Adopted and recommended by 3,000 Physicians and Surgeons.

TURKISH BATHS,14, CRESCENT, CAMBRIDGE STREET,BIRMINGHAM,OPEN DAILY (SUNDAYS EXCEPTED)FROM 8 A.M. TILL 8 P.M.For Gentlemen, 3/6, 2/6, and 2/- each; and for Ladies (Public), on Tuesdaysand Fridays, 2/6; other days (Private), 3/6 each.FIRST-CLASS SHAMPOOERS ENGAGEDVAPOUR, SULPHUR, AND MEDICATED BATHS.LIST OF TERMS.

PHOTOGRAPHY.J. SUNDERLAND,ARTIST AND PHOTOGRAPHER,67, BULL STREET, AND THE ARCADE.CARTES,5/-PER DOZEN

ISLINGTON HOUSE.D. CHAPMAN,(LATE SPENCER,)109 & 110, BROAD STREET, BIRMINGHAM,The oldest Linen, Woollen, Hosiery, and GeneralDrapery Establishment in Broad Street.Families and Hotel Proprietors will meet with a well-assortedand carefully-boughtSTOCK OF GENERAL DRAPERY,at moderate prices.The celebrated "Dacca Twist" Calicoes, in Gray and White, alwaysin stock.FAMILY MOURNING, &c.

SAMUEL PEACOCK,(wagon)CONTRACTOR FOR REMOVING FURNITURE, &c.,To all parts of the World, on an Improved System,BY ROAD OR RAIL, WITHOUT PACKING.GOSTA GREEN, BIRMINGHAM.Open and Closed Vans for Road or Rail. China, Glass, and Wines carefully removed.PIANOS MOVED WITH SPECIAL CARE.

Chemical, Mineral, & Aerated Waters Manufacturer,

ROBERT LLOYD CROSBIE & CO.,THE GLOBE FOUNDRY,CHARLOTTE STREET, BIRMINGHAM,MANUFACTURERS OFBRASS & IRON BEDSTEADS, &c.,Of every description, for Home and Exportation.

LONDON SHOW ROOMS AND WAREHOUSES:43 & 44, TABERNACLE WALK.

THE OLDEST BOOK SHOP IN BIRMINGHAM.HUDSON & SON, 18, BULL STREET.Established in 1821 by the late Benjamin Hudson.DISCOUNT ON BOOKS:THREEPENCEin the Shilling, forCash.TWOPENCEin the Shilling, when Entered, and Paid forwithin a Month.BINDING, ENGRAVING, LITHOGRAPHY, and RELIEF-STAMPING.STEAM PRINTING OFFICE

THEGRESHAM LIFE ASSURANCE SOCIETY.HEAD OFFICE:37, OLD JEWRY, LONDON.BRANCH OFFICE:WATERLOO CHAMBERS, 26, WATERLOOSTREET, BIRMINGHAM.

THE CASH SYSTEM.

HIGH-CLASS TAILORING ESTABLISHMENT,ADAM JAMES BROWN,26, COLMORE ROW,

GEO. WILKINSON & CO.,Brewers and Wine Merchants,BREWERY—ASHTED ROW;OFFICE—29, LOWER TEMPLE STREET,BIRMINGHAM.

MONTAGU BROWNE,NATURALIST,PRINCE OF WALES THEATRE BUILDINGS,BIRMINGHAM.DEERS' AND FOXES' HEADS, FOR HALLS.HANDSOME FEATHER SCREENS, FOR PRESENTS.BRITISH BIRDS, SKINS, AND EGGS.BIRDS, ANIMALS, AND FISHES MOUNTED IN A THOROUGHLYARTISTIC MANNER.

LISSETER & MILLER,Cooks, Fruiterers and Confectioners,20, BENNETTS HILL,(Three Doors from New Street)BIRMINGHAM.Routs, Balls, Suppers, and Wedding Breakfasts supplied.

GOLD PENS, MARCOGRAPHIC PENS,PEN-HOLDERS, PENCIL-CASES, &c.UNIVERSAL PEN WORKS, 69, GEORGE STREET,PARADE,BIRMINGHAMMANUFACTURERS OFTHE "NEPTUNE" PEN, TO WRITE WITHOUT INK.

If you want the luxury of a TRUE-FITTING Shirt, try Merryweather's"Universal."6 for 26/-. 6 for 32/-. 6 for 38/-. 6 for 44/-. 6 for 50/-.

CENTRAL PAPER HANGING ESTABLISHMENT,QUEEN'S COLLEGE BUILDINGS, 39, PARADISE STREET, opposite the Town Hall, BIRMINGHAM.R. MANN & CO.,DECORATORS, PAINTERS, PLUMBERS, PAPER HANGERS, &c.A large stock of the newest and best patterns in British and foreign Paper Hangings, Borders,Centres, Gilt Mouldings, &c., always on hand.R. MANN, having had 35 years' experience in carrying out Interior Decoration (for 8 yearsin Partnership with the late J.R. LEE,) is enabled to undertake the Decoration of Mansions,Churches, and Public Buildings, and will be happy to give references to Gentlemen for whomwork has been executed and Architects whose designs have been carried out.SIGN PAINTING IN ALL ITS BRANCHES.WATER CLOSETS, LEAD PUMPS, BATHS, WATERWORKS SERVICES, AND ALL KINDS OFPLUMBING WORK PUNCTUALLY ATTENDED TO.EXPERIENCED WORKMEN SENT TO ANY PART OF THE COUNTRY.ESTIMATES GIVEN.

DAVIS BROTHERS,Silk Mercers and General Drapers,196 and 197, BRISTOL STREET,BIRMINGHAM.YOUR PATRONAGE AND RECOMMENDATION ARE RESPECTFULLYSOLICITED.

WILLIAM WRAY,(LATE HURT & WRAY,)Chronometer, Watch, and Clock Manufacturer,JEWELLER, SILVERSMITH, &c.,38, NEW STREET, BIRMINGHAM.

JOSEPH J. ALLEN,DECORATOR(BY ROYAL APPOINTMENT)OFBALL ROOMS, SOIRÉES, BAZAARS, &c.ADDRESS:HOWARD STREET ART INSTITUTE, BIRMINGHAM.

REEVE'SThisAROMATICCandy is composedof Ginger, Rhubarb, andother Medicines known to be useful inrelieving Flatulency, Heartburn, and the variousforms of Indigestion. It has a very pleasant taste, and iftaken for several weeks permanently strengthens the stomach. Soldin 6d. and 1s. Packets, and 2s. 6d. Boxes, byT. L. R E E V E,Chemist, 19, New Street, Birmingham;and by all the principal Chemistsin the MidlandDIGESTIVECounties.CANDY.

HARRIS'SIMPROVED RECUMBENT COUCH.

Invalid Furniture and Reading Easelsof every description.CATALOGUES FREE BY POST.

HARRIS'S SILVER MEDAL NATIONAL CONTEST LAWN MOWERS,

G.H. HARRIS, Bristol Street, BIRMINGHAM.

BEST VALUE IN THE TRADE.ALL GOODS MARKED IN PLAIN FIGURES AT NETT CASH PRICES.

FINEST OLD COGNAC BRANDY,26s. per Gallon.

INNES, SMITH, & CO.,LIVERPOOL. 28, High Street, BIRMINGHAM.

FINEST OLD MARSALA.

Price, 18s. per Dozen; 8s.6d. per Gallon.INNES, SMITH, &. CO., 28, High Street, BIRMINGHAM.

94, BULL STREET, BIRMINGHAM.


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