Bardell V. Pickwick Part 10

'Sam,' said Mr. Pickwick, as he got into bed, 'I have made one of the most extraordinary mistakes to-night, that ever were heard of.'

'Werry likely, Sir,' replied Mr. Weller, drily.

'But of this I am determined, Sam,' said Mr. Pickwick, 'that if I were to stop in this house for six months, I would never trust myself about it alone, again.'

'That's the wery prudentest resolution as you could come to, Sir,'

replied Mr. Weller. 'You rayther want somebody to look arter you, Sir, ven your judgment goes out a wisitin'.'

'What do you mean by that, Sam?' said Mr. Pickwick. He raised himself in bed, and extended his hand, as if he were about to say something more; but suddenly checking himself, turned round, and bade his valet 'Good night.'

'Good night, Sir,' replied Mr. Weller. He paused when he got outside the door--shook his head--walked on--stopped--snuffed the candle--shook his head again--and finally proceeded slowly to his chamber, apparently buried in the profoundest meditation.

It will be seen that Sam went near to being disrespectful in his sceptical view of his master's story.

When Mrs. Sanders was examined, "the Court" put a few questions to her, as to the customs of love-making among persons of her position. She had "received love letters, like other ladies. In the course of their correspondence Mr. Sanders had often called her a 'duck' but never 'chops' or 'tomato sauce.' He was particularly fond of ducks. Perhaps if he had been as fond of chops and tomato sauce, he might have called her that, as a term of affection."

Mrs. Sanders was clearly one of the same cla.s.s as Mrs. Cluppins, and chiefly deposed to the general impression in the neighbourhood that Mr.

Pickwick had "offered" for Mrs. Bardell. Tupman, Snodgra.s.s and Sam were also examined. Being friends of the defendant, they were from the outset a.s.sumed to be "hostile" and treated accordingly. It may be doubted, however, whether it is permissible to treat "your own witnesses" in this rough fashion, until at least they have shown some overt signs of their hostility, either by reserve, or an obvious determination to let as little as possible be extracted from them. In such case, it is usual to apply to the court for its sanction to deal with them by the severity of cross examination.

When Sam entered the witness box, the Serjeant addressed him: "I believe you are in the service of Mr. Pickwick, the Defendant in this case.

_Speak up_, _if you please_, _Mr. Weller_." Sam had not had time to say anything, so the admonition might seem superfluous. But this is a well-known device. Sam had been "briefed" to the Serjeant as a rather dangerous witness--somewhat too wide awake. It was necessary therefore to be short and summary with him. He thus conveyed to the jury that this Sam was one whom he could address in this curt way, and who by his low, uncertain accents might try to hide the truth. Sam, however, disconcerted the plan by his prompt, ready answer, "I _mean_ to speak up, sir." Sam, as we know, clearly brought out the Dodson and Fogg's damaging a.s.surance to Mrs. Bardell, that no costs should be charged to her personally.

When the Plaintiff's case was closed, things did not look particularly bright for Mr. Pickwick. It had been shown on the evidence of his own friends that he had been surprised with his landlady in his arms; (2) That he had been corresponding with her on most familiar terms--at least Serjeant Buzfuz had made it appear so; (3) Language that _almost_ amounted to a proposal had been overheard; (4) And finally, it had been revealed that the Defendant had been "caught" in a lady's bedroom, at an Inn, at midnight! To answer which a "strong" case was absolutely essential. This, we grieve to say, was not forthcoming.

THE DEFENDANT'S CASE.

When we listen to the defence set up for Mr. Pickwick we have to lament that that worthy gentleman was not better served by his legal advisers.

On the other side the shrewd Dodson and Fogg had done admirably for their client. They were sharp clever attornies, having a thundering, overpowering leader, and a smart, exceedingly smart junior, one of those "wide-awake" brisk fellows who really conduct the case, and will "take silk" in a few years. This gentleman could cross-examine in capital style and address the jury in a language of his own, by glances, shrugs, and remarks addressed to a witness, but intended for the jury, as they knew perfectly well. His style, bearing, and speeches form an admirable epitome of the arts and devices of a smart counsel. There are "common"

forms and Skimpin had them at his fingers' ends. As we listen, we feel how admirably directed they were to work on the jury.

Perker's plan of campaign as announced to Mr. Pickwick, was a poor one enough, and showed how desperate he thought the case was. "We have only one (course) to adopt, my dear sir," he said, "cross-examine the witnesses: trust to Snubbin's eloquence, throw dust in the eyes of the judge, and ourselves on the jury." Brave words, but nothing of the programme was carried out. The cross-examination of the witnesses was but tamely attempted. Snubbin's eloquence was not displayed beyond mildly praising his client's good character. As for "throwing dust in the eyes of judge," we have seen Mr. Justice Stareleigh was much too wide awake for that; while the throwing themselves on the jury was disastrous.

There were several other lines of defence which a more up-to-date solicitor would not have overlooked. A less scrupulous man would have made searching enquiries into Mrs. Bardell's history and character; but his client, perhaps, would not have sanctioned this course.

Perker is even absurd enough to talk of a _casa_, as though it were some Italian word.

A _ca sa_ was short for a writ of _Capias ad Satisfaciendum_, which gave a warrant to the officers to seize the goods. There were various kinds of this machinery, but what affected Mr. Pickwick was a _Capias ad Satisfaciendum_, to enforce attendance at the Court. The _ca sa_ also came after judgment, giving authority to imprison the defendant till the claim was satisfied.

The appearance of such great guns as the two Serjeants is accounted for by a curious rule that Serjeants only were permitted to lead in cases read in the Court of Common Pleas. {84} This strange monopoly recalls that other one, in the Court of Arches, where the advocates and judges used to exchange places and decide on cases in which perhaps they had been advocates. These illiberal and unaccountable restrictions have been swept away, with the Courts themselves.

Very unusual indeed at this time was the appearance of a lawyer of Serjeant Snubbin's cla.s.s in court, and there is a well-known story how, when Charles Butler made his appearance on a special occasion, all the Bar crowded in to hear him, and he had, I think, to get a gown for the occasion.

One is sorry to think that there are no Serjeants now, though at the Irish Bar there is one solitary survivor--Serjeant Hemphill. Gone too, are their "coifs" and other paraphernalia. With the abolition of the separate courts they were found superfluous. We like to hear of Serjeant Parry, Serjeant Ballantine, Serjeants Warren and Talford, all four literary men. {85}

Having made this initial blunder, Perker did not even instruct a good, smart and ready junior, but chose instead the incapable Phunky who really brought out that fatal piece of evidence from Winkle, which "did for" his case altogether. He had no business, as Boz tells us.

This junior, we are told, had been just called, that is to say, he had been only eight years at the Bar. Snubbin had never heard of him. The little judge, in court, also said "that he never had the pleasure of hearing the gentleman's name before," a sneer he would not have ventured on to a counsel in good practice. Snubbin's remark is amusing and sarcastic; but now-a-days any barrister who had been at the Bar eight years would not be considered as just called, for if he has been pa.s.sed over for that time, he is likely never to make a figure. The rude and unbecoming sneers, both of Snubbin and the little Judge, seem amazing in our present code of legal manners. Everything at that time, however, was much more "in the rough" and coa.r.s.er. This was his first case; and the poor creature is thus described:

Although an infant barrister, he was a full-grown man. He had a very nervous manner, and a painful hesitation in his speech; it did not appear to be a natural defect, but seemed rather the result of timidity, arising from the consciousness of being "kept down" by want of means, or interest, or connection, or impudence, as the case might be. He was overawed by the Serjeant, and profoundly courteous to the attorney.

'I have not had the pleasure of seeing you before, Mr. Phunky,' said Serjeant Snubbin, with haughty condescension.

Mr. Phunky bowed. He _had_ had the pleasure of seeing the Serjeant, and of envying him too, with all a poor man's envy, for eight years and a quarter.

'You are with me in this case, I understand?' said the Serjeant.

If Mr. Phunky had been a rich man, he would have instantly sent for his clerk to remind him; if he had been a wise one, he would have applied his fore-finger to his forehead, and endeavoured to recollect, whether, in the multiplicity of his engagements he had undertaken this one, or not; but as he was neither rich nor wise (in this sense at all events) he turned red, and bowed.

'Have you read the papers, Mr. Phunky?' inquired the Serjeant.

Here again, Mr. Phunky should have professed to have forgotten all about the merits of the case; but as he had read such papers as had been laid before him in the course of the action, and had thought of nothing else, waking or sleeping, throughout the two months during which he had been retained as Mr. Serjeant Snubbin's junior, he turned a deeper red, and bowed again.

'This is Mr. Pickwick,' said the Serjeant, waving his pen in the direction in which that gentleman was standing.

Mr. Phunky bowed to Mr. Pickwick with a reverence which a first client must ever awaken; and again inclined his head towards his leader.

'Perhaps you will take Mr. Pickwick away,' said the Serjeant, 'and--and--and--hear anything Mr. Pickwick may wish to communicate.

We shall have a consultation, of course.' With this hint that he had been interrupted quite long enough, Mr. Serjeant Snubbin, who had been gradually growing more and more abstracted, applied his gla.s.s to his eyes for an instant, bowed slightly round, and was once more deeply immersed in the case before him: which arose out of an interminable law suit, originating in the act of an individual, deceased a century or so ago, who had stopped up a pathway leading from some place which n.o.body ever came from, to some other place which n.o.body ever went to.

With such a pair the case was literally given away. Perker should have secured a man like the present Mr. Gill or Mr. Charles Matthews--they might have "broken down" the witnesses, or laughed the case out of court.

We may speculate--why did Perker make this foolish selection? As to Snubbin there was some excuse, as it was the custom that Serjeants only should lead in the Court of Common Pleas. But for the choice of Phunky, Perker's stupidity alone was responsible.

Under these conditions Serjeant Snubbin's conduct of the case and his "handling" of the witnesses was truly inefficient. He lost every opportunity for helping his client. He "led" in a quiet, gentlemanly and almost indifferent way. His first opportunity came in examining Mrs.

Cluppins. As we have seen, she had deposed to hearing, when the door was "on the jar," Mr. Pickwick make those speeches which Mrs. Bardell had taken to be a proposal. Now here was the moment to show the ambiguity and that Mr. Pickwick was speaking of his servant. It might have been brought out that Sam was actually engaged that day, and that she had met him on the stairs, etc. But Snubbin declined to ask her a single question, saying that Mr. Pickwick admitted the accuracy of her statement. But this was beside the matter, and the Serjeant need not have impeached her accuracy.

When Phunky came to Winkle, the inexperience of the tyro was shown at once. Again, here was the moment to have extracted from the witness a full explanation of Mr. Pickwick's ambiguous speeches to Mrs. Bardell.

He could have "brought out" as "clear as the light of day" that Mr.

Pickwick was speaking of his engagement of a valet and have shown that the valet was to be engaged that very morning. It would have been impossible to resist such an explanation. But the thing was not thought of. From him also could have been drawn a vast deal favourable to Mr.

Pickwick such as his disgust and annoyance at Mrs. Bardell's behaviour, his wish to be rid of her, his complaints of her conduct. But no, there was only the foolish question as to Mr. Pickwick's being an elderly man and of fatherly ways, a topic that would by no means negative the presumption of matrimony. But nothing could excuse the rashness of putting a general question as to "Mr. Pickwick's behaviour towards females." No adroit counsel would run the risk of encountering a too conscientious witness, such as Winkle proved to be and who would "let the cat out of the bag."

As we have seen, this awkward question settled Mr. Pickwick's business.

Snubbin had held him out as an elderly but benevolent being, treating every female he met as a daughter, never dreaming of matrimony: when lo!

the whole fabric is overthrown in an instant by the luckless Winkle's admission!

Amid the profound silence of the whole court Mr. Winkle faltered out that the trifling circ.u.mstance of suspicion was Mr. Pickwick's being found in a lady's sleeping apartment at midnight, which had terminated, _he believed_, in breaking off the projected marriage of the lady, and had led, _he knew_, to the whole party being forcibly carried before a magistrate.

Thus was the defendant suddenly revealed as a Pecksniffian Lothario, and his pretence of philanthrophy after was shewn in its true colours. It was impossible not to a.s.sociate this with the scene with Mrs. Bardell.

But there was an important legal "point" which one might have expected would have occurred to so eminent a Chamber Counsel as Serjeant Snubbin.

To prove a breach of the promise, it must always be shown that the defendant had been given an opportunity of officially refusing to fulfil it. It should have been put to him "in black and white," "Will you marry me?" and he must have answered "No, I will not," or something to that effect. In default of this the defendant might plead "True I gave the promise and it stands unbroken, for you never required me to act upon it." Now in Mr. Pickwick's case this actually occurred. As we have seen he left town the morning after the imputed proposal and while he was away, within a month, the notice of action was sent to him. Up to that time he had not heard a word of Dodson and Fogg, or of legal proceedings.

But it may be urged that Mrs. Bardell herself may have written, formulating her demands. That this was not the case is evident from Mr.

Pickwick's behaviour; he did not dream of such a thing, or he would have been disturbed by it, or have consulted his friends about it. Had it been so, his high opinion of Mrs. Bardell would have been shattered. For did he not say on seeing Dodson and Fogg's letter, "She couldn't do it, she hasn't the heart to do it." The only thing that makes against this theory is his reply to Peter Magnus who asked him "had he ever proposed?"

when he answered vehemently "Never," possibly recalling Mrs. Bardell.

She may however have written to him a pleading letter reminding him of what he had said to her, declaring her deep-seated affection for him and inviting him to carry out what he had offered. Mr. Pickwick would have replied in one of his amiable letters, couched in rather general terms, perhaps calling her "my dear creature," but putting aside the whole business: and there the matter probably dropped for a time. I have little doubt the good woman up to the last really believed that her elderly lodger intended to make her an offer of his hand, and that on his return from his travels he would resume the business. Much elated by this prospect, and most naturally too, she had told all her friends and neighbours of her approaching advancement. This Mrs. Sanders specially deposed to: "had always said and believed that Pickwick would marry Mrs.