[Ads-l] (One for QI, perhaps) "Is your client aware of [legal maxim]" "In [location] they speak of little else"

ADSGarson O'Toole adsgarsonotoole at GMAIL.COM
Thu Apr 25 17:01:32 UTC 2024


Congratulations to  Gareth Rees. Thanks for relaying his valuable
findings, Peter.

I searched in the memoir of A. M. Sullivan and found another version
of the tale. Interestingly, Sullivan does not claim credit for the
line. He assigns credit to Henry Harte Barry. The Latin phrase is
different, and the location in Ireland is different.

I do not have full access to memoir, so the text below is extracted
via snippets.

Year: 1952 (GB snippet; year may be inaccurate)
Title: The Last Serjeant: The Memoirs of Serjeant A. M. Sullivan
Quote Page 48 (GB snippet)
Publisher: Macdonald, London
Database: Google Books snippet; must be verified with scans or hardcopy

[Begin excerpt - please double check for errors]
"Mr. Barry," he said on another occasion, "has your client never heard
Sic utere tuo alienum non laedas?"

"Not a day passes, your Honour, on which he does not hear it. It is
the sole topic of conversation where he lives at the top of Mushera
mountain, "replied old Henry Harte Barry, the doyen of Kanturk.
[End excerpt]

The tale in A. M. Sullivan's memoir was repeated in a review of the
book published in the "Evening Standard" of London.

Date: March 21, 1952
Newspaper: Evening Standard
Newspaper Location: London, England
Article: The Last of the Serjeants
Author: Montgomery Hyde
Quote Page 9, Column 1
Database: Newspapers.com

https://www.newspapers.com/image/720844665/?terms=sole&match=1

[Begin excerpt]
Alexander Martin Sullivan was the son of A.M. Sullivan, an Irish
Nationalist MP. He was brought up in New York, where as a youth he
worked on newspapers and married a Brooklyn girl.

He returned to Ireland in 1892 to be called to the Irish Bar and to
practise there with considerable success for more than a quarter of a
century.

One of his stories concerns a Recorder of Cork who went in for Latin quotations.

"Mr. Barry" said the Recorder on one occasion, "has your client never
heard the maxim sic utere tuo alienum non laedas?"

"Not a day passes your honour, on which he does not hear it," replied
the imperturbable counsel. "It is the sole topic of conversation where
he lives at the top of Mushera Mountain"
[End excerpt]

Garson

On Thu, Apr 25, 2024 at 11:25 AM mr_peter_morris at outlook.com
<mr_peter_morris at outlook.com> wrote:
>
> A chap named Gareth Rees on another forum has  found several  cites,
> including  one from April 1949. I think that's the earliest so far.
>
> He also  provided evidence that the story probably didn't come from
> Doyle's Ballygullion stories.
>
> https://literature.stackexchange.com/questions/26803/does-this-ballygullion-anecdote-published-as-true-in-a-law-journal-originall/26805#26805
>
>
> ------ Original Message ------
> From "mr_peter_morris at outlook.com" <mr_peter_morris at OUTLOOK.COM>
> To ADS-L at LISTSERV.UGA.EDU
> Date 24/04/2024 12:46:04
> Subject (One for QI, perhaps) "Is your client aware of [legal maxim]"
> "In [location] they speak of little else"
>
> >This anecdote came up today in an internet forum I frequent.
> >
> >-------------------------------------------------------------------------
> >Judge: “Mr Marshall Hall, is your client familiar with the doctrine
> >res ipsa loquitur?
> >
> >Marshall: “My Lord, in the remote hills of County Donegal from
> >where my client hails they speak of little else.”
> >--------------------------------------------------------------------------
> >
> >Anyone know the origin of this?
> >
> >Researching, I've seen it attributed to Marshall Hall, F.E. Smith and
> >Gilbert Grey,  with a variety of legal maxims, and locations including
> >Barnsley, Scotland, Ireland and East Texas.
> >
> >Earliest cite I can find is 1968
> >https://www.google.co.uk/books/edition/Denver_Law_Journal/-2ZNAQAAIAAJ?hl=en&gbpv=1&bsq=judge+%22they+speak+of+little+else%22&dq=judge+%22they+speak+of+little+else%22&printsec=frontcover
> >
> >And here's one from 1975.
> >https://www.google.co.uk/books/edition/Organized_Bar/QncHGP0O-7gC?hl=en&gbpv=1&dq=%22speak+of+little+else%22&pg=PA50&printsec=frontcover
> >
> >And 1982
> >https://www.google.co.uk/books/edition/Mountain/Jm8jAQAAIAAJ?hl=en&gbpv=1&bsq=%22legal+maxim%22+%22speak+of+little+else%22&dq=%22legal+maxim%22+%22speak+of+little+else%22&printsec=frontcover
> >
> >Some discussion of it on Law Stack Exchange.
> >https://law.stackexchange.com/questions/21562/what-is-the-origin-of-this-legal-quote-in-barnsley-mlud-they-speak-of-l
> >
> >
> >Can ADS and QI locate earlier cites ?
> >
> >
> >
> >
> >
> >
> >------------------------------------------------------------
> >The American Dialect Society - http://www.americandialect.org
>
> ------------------------------------------------------------
> The American Dialect Society - http://www.americandialect.org

------------------------------------------------------------
The American Dialect Society - http://www.americandialect.org


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