At last the momentous morning came
round. It was the fourteenth of February, Valentine’s
Day, 1828 one not of good omen for the Plaintiff.
The Defendant’s party was rather gloomy
at breakfast, when Perker, by wave of encouraging
his client, uttered some dicta as to the chances
of the Jury having had a good breakfast “Discontented
or hungry jurymen, my dear Sir, always find for the
Plaintiff.” “Bless my heart,”
said Mr. Pickwick, looking very blank, “What
do they do that for!”
The party then got into hackney coaches
and was driven to the Guildhall, where the case was
to be tried at ten o’clock precisely.
How dramatic Boz has made the “calling
of the Jury,” which might be thought an uninteresting
and prosaic operation enough. It was a special
jury, which entailed one guinea per head extra expense
on Mr. Pickwick. He had, of course, asked for
it: but Dodson and Fogg would have been well
content with and perhaps even have preferred a common
jury. Now-a-days, special jurors, though summoned
largely, have to be almost coerced into attending.
A fine of ten pounds is imposed, but this is almost
invariably remitted on affidavit. The common
jurors, moreover, do not show the reluctance to “serve”
of Groffin, the chemist. A guinea is not to
be despised. There are, as it were, professional
common jurors who hang about the Courts in the hope
of being thus called as “understudies.”
On this occasion what was called a Tales was
prayed for, and two common jurors were pressed into
the service: and “a greengrocer and a chemist
were caught directly.”
It is impossible to say too much of
the completeness with which the legal scene is put
forward. Everything is dealt with. We have
perfect sketches of the judge, the ushers, the jury,
the counsel on the case, the witnesses, the barristers,
the attorneys; we have the speeches, the methods of
examination and cross-examination.
There is nothing better or more life-like
than the sketch of the court in the chill morning,
and before the actors came on the scene the
inimitable description of the idle barristers hanging
about “the Bar of England,” which is accurate
to this hour.
Few could describe effectively the
peculiar appearance of a crowd of barristers assembled
in a Court of Law. They are a type apart, and
their odd headgear accentuates all the peculiarities
of their faces. No one has, however, succeeded
so well as Boz in touching off their peculiarities.
This sort of histrionic guise and bearing is assumed
with a view to impose on his friends and the public,
to suggest an idea that they have much or at least
something to do.
‘And that,’ said
Mr. Pickwick, pointing to a couple of enclosed seats
on his right, ‘that’s
where the jurymen sit, is it not?’
‘The identical place,
my dear Sir,’ replied Perker, tapping the lid
of his snuff-box.
Mr. Pickwick stood up in a state of
great agitation and took a glance at the court.
There were already a pretty large sprinkling of spectators
in the gallery, and a numerous muster of gentlemen
in wigs in the barristers’ seats, who presented,
as a body, all that pleasing and extensive variety
of nose and whisker for which the bar of England
is so justly celebrated. Such of the gentlemen
as had got a brief to carry, carried it in as
conspicuous a manner as possible, and occasionally
scratched their noses therewith, to impress the fact
more strongly on the observation of the spectators.
One of the happiest descriptions is
surely that of the binding of law books. A law
library is the most repulsive and uninteresting thing
in the world. The colour of the leather is unhealthy
and disagreeable, and the necessary shading is secured
at the expense of grace. Boz characterises it
as ‘that under-done pie crust.’
Other gentlemen, who had no briefs to
show, carried under their arms goodly octavos,
with a red label behind, and that under-done-pie-crust-coloured
cover, which is technically known as “law
calf.” Others, who had neither briefs nor
books, thrust their hands into their pockets,
and looked as wise as they conveniently could;
while others, again, moved here and there with great
restlessness and earnestness of manner, content
to awaken thereby the admiration and astonishment
of the uninitiated stranger. The whole, to
the great wonderment of Mr. Pickwick, were divided
into little groups, who were chatting and discussing
the news of the day in the most unfeeling manner
possible just as if no trial at all were
coming on.
A bow from Mr. Phunky, as he entered,
and took his seat behind the row appropriated
to the King’s Counsel, attracted Mr. Pickwick’s
attention; and he had scarcely returned it, when
Mr. Serjeant Snubbin appeared, followed by Mr.
Mallard, who half hid the Serjeant behind a large
crimson bag, which he placed on his table, and after
shaking hands with Perker, withdrew. Then
there entered two or three more Serjeants, and
among them, one with a fat body and a red face, who
nodded in a friendly manner to Mr. Serjeant Snubbin,
and said it was a fine morning.
’Who’s that red-faced
man, who said it was a fine morning and nodded
to our counsel?’ whispered
Mr. Pickwick.
‘Mr. Serjeant Buzfuz,’
replied Perker. ’He’s opposed to
us; he leads
on the other side. That
gentleman behind him is Mr. Skimpin, his
junior.’
Mr. Pickwick was just on the point of
inquiring, with great abhorrence of the man’s
cold-blooded villainy, how Mr. Serjeant Buzfuz,
who was counsel for the opposite party, dared to presume
to tell Mr. Serjeant Snubbin, who was counsel
for him, that it was a fine morning, when
he was interrupted by a general rising of the barristers,
and a loud cry of ‘Silence!’ from the officers
of the court. Looking round, he found that
this was caused by the entrance of the Judge.
On reaching the Court, Perker said,
“put Mr. Pickwick’s friends in the students’
box. Mr. Pickwick had better sit by me.”
This useful provision for the instruction of legal
probationers has fallen into desuetude no
place is reserved for the students now-a-days.
Lord Campbell describes the custom and recalls an
incident that occurred when he was sitting in the
students’ box, close to the Bench.
There were some matters of procedure
which have since been changed such as Mr.
Skimpin “calling for” Winkle, and the latter
answering. This is now done by an Officer of
the Court. Skimpin also asks Winkle his name,
as a first question, though he had been sworn and had
given it. And the mal-entendu as to “Daniel
Nathaniel” could not then have occurred, as
the Officer would have obtained the name correctly.
Another unusual thing was that Buzfuz, after his
long and rather exhausting speech, should have examined
the first witness. Now-a-days the junior would
do this. We may note that at this time it was
always “my Lord,” and “your Lordship,”
with the full natural sound we had not yet
got to the clipped “M’lud,’”
and “your Ludship.” Perhaps this
form was actually used by the Counsel but was
not noticed by Boz, or seemed to him the right thing.
The King’s Counsel were behind and could stoop
down to consult their solicitors.
This minute observation and particularity
of Boz is further shown in his noting the very places
where the Attorneys sat, and which he describes.
They had the seats next the table:
“You are quite right,”
said Buzfuz later on, answering the whisper of Dodson
and Fogg, after Sam’s awkward revelation.
How often have we seen these hasty communications,
which are not without their dramatic effect.