Mr. Samuel Pickwick.'

So Mr. Pickwick, the general mentor, the philosopher and friend--the man

of high moral tone, "born to set the world aright"--the general lecturer

of his "followers," was now in for an action at law of the most awkward

and unpleasant kind. To be philandering with one's landlady! rather low

form this. But what would they say down at Manor Farm? How Isabella

Wardle and her sister--and all the girls--would laugh! And the spinster

aunt--_she_ would enjoy it! But there was no help for it. It must be

faced.

Naturally Mr. Pickwick felt uncomfortable, and his first idea was to

arrange the matter. This was a sensible course, and he ought at once to

have put the matter into the hands of his friend Perker, with full powers

to treat. But no. Mr. Pickwick's vanity and indiscretion made him

meddle in the business behind his solicitor's back, as it where, and with

damaging results to himself--a warning to all such amateurs. It must be

said that Dodson and Fogg's behaviour at the extraordinary visit which he

paid them was marked by a certain propriety. Mr. Pickwick insisted on

knowing what were the grounds of action--that is, the details of the

evidence against him--in short, their case. They, very correctly,

refused to tell him. "The case may be false or it may be true--it may be

credible it may be incredible." But all the same it was a strong case.

This was as much as they could tell. Mr. Pickwick could only urge that

if "it were so, he was a most unfortunate man," on which Dodson

promptly--"I hope you are, sir, I trust you may be, sir. If you are

really innocent, you are more unfortunate than I had believed any man

could possibly be."

Mr. Pickwick then rather foolishly asked did he understand they meant to

go on with the action--as if they could have been affected by his

declaration. "Understand?" was the reply, "that you certainly may"--a

very natural speech.

With some want of professional delicacy and etiquette, Dodson seized the

opportunity to "serve" Mr. Pickwick; but they were not a high-class firm

and their methods were not high-class. Then an extraordinarily

incredible display followed. His passion broke forth. "_Of all the

disgraceful and rascally proceedings he ever_, _etc._!" Dodson summoned

his clerks to listen to this gross language, and said, "Perhaps you would

like to call us swindlers." "_You are_," said Mr. Pickwick. Fogg even

wished him to assault them--and perhaps he would have done so, but for

Sam, who at last got him away. This was certainly not correct, but how

aggravating was Mr. Pickwick! One is rather astonished at the

forbearance of this sharp firm.

Now, had Mr. Pickwick gone straight to his lodgings in Goswell Street and

seen Mrs. Bardell, heard her views and claims, had he been told by her

that she had been professionally urged to go to law as she had such a

strong case--there might have been some excuse for this violence to

Dodson and Fogg. But he knew nothing whatever of the matter--knew

nothing of the attornies--and in his blind fury gratuitously assumed that

they had "conspired" to harass him in this way. True, he had overheard

how they had treated poor Ramsey.

This very _malapropos_ visit of Mr. Pickwick to the firm was, as I said,

a mistake and damaged his case. It showed that he was nervous and

anxious, and _insecure_. He took nothing by it. There was in truth much

short-sighted cunning in his ways, which came of his overweening vanity.

But this was only one of several attempts he made to worm out something

to his own advantage.

Another of Mr. Pickwick's foolish manoeuvres was his sending his man to

his old lodgings to his landlady--ostensibly to fetch away his "things,"

when this dialogue passed:

'Tell Mrs. Bardell she may put a bill up, as soon as she likes.'

'Wery good, sir,' replied Mr. Weller; 'anythin' more, sir.'

'Nothing more, Sam.'

Mr. Weller stepped slowly to the door, as if he expected something

more; slowly opened it, slowly stepped out, and had slowly closed it

within a couple of inches, when Mr. Pickwick called out.

'Sam.'

'Sir,' said Mr. Weller, stepping quickly back, and closing the door

behind him.

'I have no objection, Sam, to your endeavouring to ascertain how Mrs.

Bardell herself seems disposed towards me, and whether it is really

probable that this vile and groundless action is to be carried to

extremity. _I say_, _I do not object to your doing this_, _if you

wish it_, _Sam_,' said Mr. Pickwick. Sam gave a short nod of

intelligence and left the room.

Now this was very artful on the part of Mr. Pickwick, but it was a very

shallow sort of artfulness, and it was later to recoil on himself. Sam

of course saw through it at once. It never dawned on this simple-minded

man what use the Plaintiff's solicitors would make of his _demarche_.

When the subpoenas were served he rushed off to Perker:

'They have subpoena'd my servant too,' said Mr. Pickwick.

'Sam?' said Perker.

Mr. Pickwick replied in the affirmative.

'Of course, my dear sir; of course. I knew they would. I could have

told _you_ that a month ago. You know, my dear sir, if you _will_

take the management of your affairs into your own hands after

intrusting them to your solicitor, you must also take the

consequences.' Here Mr. Perker drew himself up with conscious

dignity, and brushed some stray grains of snuff from his shirt frill.

'And what do they want him to prove?' asked Mr. Pickwick, after two

or three minutes' silence.

'That you sent him up to the plaintiff's to make some offer of a

compromise, I suppose,' replied Perker. 'It don't matter much,

though; I don't think many counsel could get a great deal out of

_him_.'

'I don't think they could,' said Mr. Pickwick.

The minutiae of legal process are prosaic and uninteresting, and it might

seem impossible to invest them with any dramatic interest; but how

admirably has Boz lightened up and coloured the simple incident of an

attorney's clerk--a common, vulgar fellow of the lowest type, arriving to

serve his subpoenas on the witnesses--all assumed to be hostile. The

scene is full of touches of light comedy.

'How de do, sir?' said Mr. Jackson, nodding to Mr. Pickwick.

That gentlemen bowed, and looked somewhat surprised for the

physiognomy of Mr. Jackson dwelt not in his recollection.

'I have called from Dodson and Fogg's,' said Mr. Jackson, in an

explanatory tone.

Mr. Pickwick roused at the name. 'I refer you to my attorney, sir:

Mr. Perker, of Gray's Inn,' said he. 'Waiter, show this gentleman

out.'

'Beg your pardon, Mr. Pickwick,' said Jackson, deliberately

depositing his hat on the floor, and drawing from his pocket the

strip of parchment. 'But personal service, by clerk or agent, in

these cases, you know, Mr. Pickwick--nothing like caution, sir, in

all legal forms?'

Here Mr. Jackson cast his eye on the parchment; and, resting his

hands on the table, and looking round with a winning and persuasive,

smile, said: 'Now, come; don't let's have no words about such a

little matter as this. Which of you gentlemen's name's Snodgrass?'

At this inquiry Mr. Snodgrass gave such a very undisguised and

palpable start, that no further reply was needed.

'Ah! I thought so,' said Mr. Jackson, more affably than before.

'I've got a little something to trouble you with, sir.'

'Me!' exclaimed Mr. Snodgrass.

'It's only a _subpoena_ in Bardell and Pickwick on behalf of the

plaintiff,' replied Jackson, singling out one of the slips of paper,

and producing a shilling from his waistcoat pocket. 'It'll come on,

in the settens after Term; fourteenth of Febooary, we expect; we've

marked it a special jury cause, and it's only ten down the paper.

That's yours, Mr. Snodgrass.' As Jackson said this he presented the

parchment before the eyes of Mr. Snodgrass, and slipped the paper and

the shilling into his hand.

Mr. Tupman had witnessed this process in silent astonishment, when

Jackson, turning sharply upon him, said:

'I think I ain't mistaken when I say your name's Tupman, am I?'

Mr. Tupman looked at Mr. Pickwick; but, perceiving no encouragement

in that gentleman's widely-opened eyes to deny his name, said:

'Yes, my name _is_ Tupman, sir.'

'And that other gentleman's Mr. Winkle, I think?' said Jackson.

Mr. Winkle faltered out a reply in the affirmative; and both

gentlemen were forthwith invested with a slip of paper, and a

shilling each, by the dexterous Mr. Jackson.

'Now,' said Jackson, 'I'm affraid you'll think me rather troublesome,

but I want somebody else, if it ain't inconvenient. I _have_ Samuel

Weller's name here, Mr. Pickwick.'

'Send my servant here, waiter,' said Mr. Pickwick. The waiter

retired, considerably astonished, and Mr. Pickwick motioned Jackson

to a seat.

There was a painful pause, which was at length broken by the innocent

defendant.

'I suppose, sir,' said Mr. Pickwick, his indignation rising while he

spoke; 'I suppose, sir, that it is the intention of your employers to

seek to criminate me upon the testimony of my own friends?'

Mr. Jackson struck his forefinger several times against the left side

of his nose, to intimate that he was not there to disclose the

secrets of the prison-house, and playfully rejoined:

'Not knowin', can't say.'

'For what other reason, sir,' pursued Mr. Pickwick, 'are these

subpoenas served upon them, if not for this?'

'Very good plant, Mr. Pickwick,' replied Jackson, slowly shaking his

head. 'But it won't do. No harm in trying, but there's little to be

got out of me.'

Here Mr. Jackson smiled once more upon the company, and, applying his

left thumb to the tip of his nose, worked a visionary coffee-mill

with his right hand: thereby performing a very graceful piece of

pantomime (then much in vogue, but now, unhappily, almost obsolete)

which was familiarly denominated 'taking a grinder.' (Imagine a

modern solicitor's clerk "Taking a grinder!")

'No, no, Mr. Pickwick,' said Jackson, in conclusion; 'Perker's people

must guess what we served these subpoenas for. If they can't, they

must wait till the action comes on, and then they'll find out.'

Mr. Pickwick bestowed a look of excessive disgust on his unwelcome

visitor, and would probably have hurled some tremendous anathema at

the heads of Messrs. Dodson and Fogg, had not Sam's entrance at the

instant interrupted him.

'Samuel Weller?' said Mr. Jackson, inquiringly.

'Vun o' the truest things as you've said for many a long year,'

replied Sam, in a most composed manner.

'Here's a subpoena for you, Mr. Weller,' said Jackson.

'What's that in English?' inquired Sam.

'Here's the original,' said Jackson, declining the required

explanation.

'Which?' said Sam.

'This,' replied Jackson, shaking the parchment.

'Oh, that's the 'rig'nal, is it?' said Sam. 'Well, I'm wery glad

I've seen the 'rig'nal, 'cos it's a gratifyin' sort o' thing, and

eases vun's mind so much.'

'And here's the shilling,' said Jackson. 'It's from Dodson and

Fogg's.'

'And it's uncommon handsome o' Dodson and Fogg, as knows so little of

me, to come down vith a present,' said Sam. 'I feel it as a wery

high compliment, sir; it's a wery hon'rable thing to them, as they

knows how to reward merit werever they meets it. Besides wich, it's

affectin to one's feelin's.'

As Mr. Weller said this, he inflicted a little friction on his right

eye-lid, with the sleeve of his coat, after the most approved manner

of actors when they are in domestic pathetics.

Mr. Jackson seemed rather puzzled by Sam's proceedings; but, as he

had served the subpoenas, and had nothing more to say, he made a

feint of putting on the one glove which he usually carried in his

hand, for the sake of appearances; and returned to the office to

report progress.

Another of Mr. Pickwick's foolish and self-willed proceedings was the

interview with Serjeant Snubbin, which he so positively insisted upon.

We may wonder now-a-days would any K.C. of position have condescended to

allow such a proceeding? I fancy it would be thought "irregular:" though

perhaps _ex gratia_, and from the oddity of the proposal, it might be

conceded.

When Mr. Pickwick called upon him, it turned out that the Serjeant knew

nothing whatever of his case; probably cared nothing about it. It was

not in his line. He perhaps wondered why the old-fashioned lawyer had

"retained" him. We learn Parker's reason:

'Well, we've done everything that's necessary. I have engaged

Serjeant Snubbin.'

'Is he a good man?' inquired Mr. Pickwick.

'Good man!' replied Perker; 'bless your heart and soul, my dear sir,

Serjeant Snubbin is at the very top of his profession. Gets treble

the business of any man in court--engaged in every case. You needn't

mention it abroad; but we say--we of the profession--that Serjeant

Snubbin leads the court by the nose.'

How foolish was this reasoning can be seen on an instant's reflection.

To "lead the court by the nose" is well enough in an argument before a

judge: but here it was more important to lead _a jury_ by the nose, which

Buzfuz knew how to do. Moreover when a counsel has this power, it

usually operates on a special judge and his colleagues; but who could

guarantee that Snubbin's special judge would try the case. As it turned

out, the Chief Justice fell sick before the day, and Mr. Justice

Stareleigh unexpectedly took the case. He as it proved was anything but

"led by the nose." Perker indeed, summed up the whole weakness of the

case in a single sentence:

'They have subpoena'd my three friends,' said Mr. Pickwick.

'Ah! of course they would,' replied Perker. 'Important witnesses;

saw you in a delicate situation.'

'But she fainted of her own accord,' said Mr. Pickwick. 'She threw

herself into my arms.'

'Very likely, my dear sir,' replied Perker; 'very likely and very

natural. Nothing more so, my dear sir, nothing. _But who's to prove

it_?'

A suggestion, we are told, that rather "staggered" Mr. Pickwick.

Within ten minutes after he had received the assurance that the thing was

impossible, he was conducted by his solicitors into the outer office of

the great Serjeant Snubbin himself.

It was an uncarpeted room of tolerable dimensions, with a large

writing table drawn up near the fire, the baize top of which had long

since lost all claim to its original hue of green, and had gradually

grown grey with dust and age, except where all traces of its natural

colour were obliterated by ink-stains. Upon the table were numerous

little bundles of papers tied with red tape; and behind it, sat an

elderly clerk, whose sleek appearance and heavy gold watch-chain

presented imposing indications of the extensive and lucrative

practice of Mr. Serjeant Snubbin.

'Is the Serjeant in his room, Mr. Mallard?' inquired Perker, offering

his box with all imaginable courtesy.

'Yes, he is,' was the reply, 'but he's very busy. Look here; not an

opinion given yet, on any one of these cases; and an expedition fee

paid with all of them.' The clerk smiled as he said this, and

inhaled the pinch of snuff with a zest which seemed to be compounded

of a fondness for snuff and a relish for fees.

'Something like practice that,' said Perker.

'Yes,' said the barrister's clerk, producing his own box, and

offering it with the greatest cordiality; 'and the best of it is,

that as nobody alive except myself can read the Serjeant's writing,

they are obliged to wait for the opinions, when he has given them,

till I have copied 'em, ha--ha--ha!'

'Which makes good for we know who, besides the Serjeant, and draws a

little more out of his clients, eh?' said Perker; 'Ha, ha, ha!' At

this the Serjeant's clerk laughed again--not a noisy boisterous

laugh, but a silent, internal chuckle, which Mr. Pickwick disliked to

hear. When a man bleeds inwardly, it is a dangerous thing for

himself; but when he laughs inwardly, it bodes no good to other

people.

'You haven't made me out that little list of the fees that I'm in

your debt, have you?' said Perker.

'No, I have not,' replied the clerk.

'I wish you would,' said Perker. 'Let me have them, and I'll send

you a cheque. But I suppose you're too busy pocketing the ready

money, to think of the debtors, eh? ha, ha, ha!' This sally seemed

to tickle the clerk, amazingly, and he once more enjoyed a little

quiet laugh to himself.

'But, Mr. Mallard, my dear friend,' said Perker, suddenly recovering

his gravity, and drawing the great man's great man into a corner, by

the lappel of his coat, 'you must persuade the Serjeant to see me,

and my client here.'

'Come, come,' said the clerk, 'that's not bad either. See the

Serjeant! come, that's too absurd.' Notwithstanding the absurdity of

the proposal, however, the clerk allowed himself to be gently drawn

beyond the hearing of Mr. Pickwick; and after a short conversation

conducted in whispers, walked softly down a little dark passage and

disappeared into the legal luminary's sanctum, from whence he shortly

returned on tiptoe, and informed Mr. Perker and Mr. Pickwick that the

Serjeant had been prevailed upon, in violation of all his established

rules and customs, to admit them at once.

The Serjeant was writing when his clients entered; he bowed

abstractedly when Mr. Pickwick was introduced by his solicitor; and

then, motioning them to a seat, put his pen carefully in the

inkstand, nursed his left leg, and waited to be spoken to.

'Mr. Pickwick is the defendant in Bardell and Pickwick, Serjeant

Snubbin,' said Perker.

'I am retained in that, am I?' said the Serjeant.

'You are, Sir,' replied Perker.

The Serjeant nodded his head, and waited for something else.

'Mr. Pickwick was anxious to call upon you, Serjeant Snubbin,' said

Perker, 'to state to you, before you entered upon the case, that he

denies there being any ground or pretence whatever for the action

against him; and that unless he came into court with clean hands, and

without the most conscientious conviction that he was right in

resisting the plaintiff's demand, he would not be there at all. I

believe I state your views correctly; do I not, my dear Sir?' said

the little man, turning to Mr. Pickwick.

'Quite so,' replied that gentleman.

Mr. Serjeant Snubbin unfolded his glasses, raised them to his eyes;

and, after looking at Mr. Pickwick for a few seconds with great

curiosity, turned to Mr. Perker, and said, smiling slightly as he

spoke--

'Has Mr. Pickwick a strong case?'

The attorney shrugged his shoulders.

'Do you purpose calling witnesses?'

'No.'

The smile on the Serjeant's countenance became more defined; he

rocked his leg with increased violence, and, throwing himself back in

his easy-chair, coughed dubiously.

These tokens of the Serjeant's presentiments on the subject, slight

as they were, were not lost on Mr. Pickwick. He settled the

spectacles, through which he had attentively regarded such

demonstrations of the barrister's feeling as he had permitted himself

to exhibit, more firmly on his nose; and said with great energy, and

in utter disregard of all Mr. Perker's admonitory winkings and

frownings--

'My wishing to wait upon you for such a purpose as this, Sir,

appears, I have no doubt, to a gentleman who sees so much of these

matters as you must necessarily do, a very extraordinary

circumstance.'

The Serjeant tried to look gravely at the fire, but the smile came

back again.

[Picture: Mr. Pickwick expounds his case to his Counsel]

'Gentlemen of your profession, Sir,' continued Mr. Pickwick, 'see the

worst side of human nature--all its disputes, all its ill-will and

bad blood, rise up before you. You know from your experience of

juries (I mean no disparagement to you or them) how much depends upon

_effect_; and you are apt to attribute to others, a desire to use,

for purposes of deception and self-interest, the very instruments

which you, in pure honesty and honour of purpose, and with a laudable

desire to do your utmost for your client, know the temper and worth

of so well, from constantly employing them yourselves. I really

believe that to this circumstance may be attributed the vulgar but

very general notion of your being, as a body, suspicious,

distrustful, and over-cautious. Conscious as I am, Sir, of the

disadvantage of making such a declaration to you, under such

circumstances, I have come here, because I wish you distinctly to

understand, as my friend Mr. Perker has said, that I am innocent of

the falsehood laid to my charge; and although I am very well aware of

the inestimable value of your assistance, Sir, I must beg to add,

that unless you sincerely believe this, I would rather be deprived of

the aid of your talents than have the advantage of them.'

Long before the close of this address, which we are bound to say was

of a very prosy character for Mr. Pickwick, the Serjeant had relapsed

into a state of abstraction.

Now the Serjeant might at once have replied to all this, that the

innocence or guilt of a client had nothing to do with him, that his use

was merely to secure a client such benefit and advantage as the law

entitled him to: that a judge and jury would decide the point of

innocence. Boz himself evidently shared this popular delusion, and seems

to be speaking by Mr. Pickwick's mouth. The sagacious Serjeant, however,

took no notice whatever of the appeal, but simply asked "who was with

him" in the case. Mr. Phunky was sent for, and asked by his leader "to

take Mr. Pickwick away" and "hear anything he may wish to communicate."

The party was then bowed out.

The truth was, Mr. Pickwick's attorney was too much of a social character

and of the "old family solicitor" pattern for so critical a case. The

counsel he "instructed" were unsuitable. Serjeant Snubbin was an

overworked "Chamber lawyer," whose whole time and experience was given to

furnishing "opinions" on tangled cases; so pressed was he that he took

"expedition fees" to give certain cases priority: an illegitimate

practice that now the Bar Committee would scarcely tolerate. What could

such a man know of nisi prius trials, of cross-examining or handling

witnesses? It is enough to give his portrait, as supplied by the author:

[Picture: Serjeant Snubbin, K.C.]

Mr. Serjeant Snubbin was a lantern-faced, sallow-complexioned man, of

about five-and-forty, or--as the novels say--he might be fifty. He

had that _dull-looking boiled eye_ which is often to be seen in the

heads of people who have applied themselves during many years to a

weary and laborious course of study; and which would have been

sufficient, without the additional eye-glass which dangled from a

broad black riband round his neck, to warn a stranger that he was

very near-sighted. His hair was thin and weak, which was partly

attributable to his having never devoted much time to its

arrangement, and partly to his having worn for five-and-twenty years

the forsenic wig which hung on a block beside him. The marks of hair

powder on his coat collar, and the ill-washed and worse tied white

neckerchief round his throat, showed that he had not found leisure

since he left the court to make any alteration in his dress: while

the slovenly style of the remainder of his costume warranted the

inference that his personal appearance would not have been very much

improved if he had. Books of practice, heaps of papers, and opened

letters, were scattered over the table, without any attempt at order

or arrangement; the furniture of the room was old and ricketty; the

doors of the bookcase were rotting in their hinges; the dust flew out

from the carpet in little clouds at every step; the blinds were

yellow with age and dirt; the state of everything in the room showed,

with a clearness not to be mistaken, that Mr. Serjeant Snubbin was

far too much occupied with his professional pursuits to take any

great heed or regard of his personal comforts.

It was a characteristic feature of the slowness of legal process in those

days that though the notice of action was sent on August the 28th, 1827,

the case was not ripe for trial until February 14th of the next

year--nearly six months having elapsed. It is difficult to speculate as

to what this long delay was owing. There were only two witnesses whose

evidence had to be briefed--Mrs. Cluppins and Mrs. Sanders--and they were

at hand. It is odd, by the way, that they did not think of examining

little Tommy Bardell, the only one who actually witnessed the proceeding.

True, he was of tender years--about eight or ten--and the son of the

Plaintiff, but he must have "known the nature of an oath."

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