The Rime of the Ancient Barristers

While lawyers come in different shapes and sizes and are known to moonlight as actors, writers and playwrights, how many have actually put their talents to use in their legal work?

The following is an exchange between two lawyers, Owen B Jones, acting for one McPhee, and LA Forsyth, acting for one Baker. The year was 1922. The focal point of the claim was a shay or a two-wheel carriage, which Baker had left with McPhee for repairs, and all of $18 in damages.

The rest, as they say, is history. Or in this case, pure poetry.

30 August 1922

LA Forsyth, Esq
Barrister
Halifax

Re: Baker vs McPhee

Dear Sir

I note what you say
Regarding the shay
That Mr McPhee has allowed to decay
And also the tender,
You asked us to render,
But my client says
That McPhee didn't mend'er

But rather, says he, that Mr McPhee
Neglected his duty as Baker's bailee
The carriage entrusted to him is now busted;
The top's ripped and the lamps are all rusted.

McPhee further claims
That, speaking of names,
My Mr Baker is Jacob, not James.
In this I agree with Mr McPhee
But don't think it matters materially.

In brief, Baker's willing,
Sans backing and filling,
To pay for the wheels at the rate McPhee's billing,
Provided McPhee will also agree
To fix up the top and the lamps for him free.

Yours truly,
Owen B Jones

30 August 1922

Owen B Jones, Esq
Barrister, etc
Halifax

Re: Baker vs McPhee

Dear Sir

Your letter received and if Baker's believed
It might be admitted he's rightly aggrieved,
But as soon as we saw
That your statement in law
When applied to the facts
Appeared somewhat raw
We spoke to McPhee
And undoubtedly he
Is not, as you state,
In default as bailee.

On the question of name,
Be it to his shame,
Your client's been playing a fraudulent game.
The Bankruptcy Act,
As a matter of fact,
Would penalise him for the candour he lacked.
Section 99(d), you must frankly agree,
Was plainly intended for just such as he.
And Mr McPhee says that Faulkner, trustee,
Could also proceed under 99(d).

To the Bankruptcy Court
We shall have to resort
If you care to proceed with
Your action in court
But make no mistake
If such action you take,
It will not be McPhee you break.
As of course you expected,
Your offer's rejected,
And we'll try and see
That McPhee is protected.
So if in the end
A summons you send,
We undertake to appear and defend.

Yours very truly,
LA Forsyth

31 August 1922

Lionel A Forsyth, Esq
Barrister, etc
Halifax

Re: Baker vs McPhee

Dear Sir

Were it not for the fact
That with a great lack of tact
You've hinted a fraud
In the client I've backed,
I'd feel much inclined
To make up my mind
To issue a summons, as I had designed
But Baker's good breeding
Now bids him take heeding
To mix not with men
Who resort to such pleading

Indeed, Mr Baker will swear by his Maker
That Mr McPhee is a bit of a faker
He clamours and hollers for eighteen-odd dollars
And when we default, why our buggy he collars.
While we say politely he's not acting rightly
We'll pay him in full when the buggy's made sightly.

I note that you say my law's all astray;
Now what will their Lordships the Justices say?
I'll wager a lot they'll wax pretty hot
On hearing our buggy's all gone to pot.
But surely McPhee will not want to see
A judgment recorded against him by me.

Be pleased to explain to McPhee once again
That we want a top that will keep him out of the rain.
And tell him, I pray, we'd rather the shay
Had lamps on the side to light up the way.
It's quite asininal, my learned Lionel,
To quibble at length over this; this is final.

Yours truly,
Owen B Jones