THE JUDGE.

Mr. Pickwick, unfortunate in his Counsel, his Solicitor, his Jury--one of

prejudiced tradesmen--was also to be unlucky in the Judge who tried his

case. No doubt Perker had comforted him: "no matter how it goes, however

unfair Buzfuz may be, we have a judge to hold the scales fair and keep

the jury straight. The Lord Chief Justice of the Common Pleas, the Right

Hon. Sir NICHOLAS CONYNGHAM TINDAL is a man of immense reputation at the

Bar. We are most fortunate in having him." Judge then of the

disappointment when on coming to court it was found that Sir Stephen

Gaselee was to take the case "owing to the absence of the Chief Justice,

occasioned by indisposition." (I protest that at times one does not know

whether we are following out a course of real events, or tracing the

incidents of a fiction, so wonderfully does Boz make his fiction blend

with reality.) This was a serious blow. Tindal was an admirable judge.

Did not his chroniclers write of him: "His sagacity, impartiality and

plain sense, his industry and clear sightedness made him an admiration of

non-professional spectators: while among lawyers he was very highly

esteemed _for his invariable kindness to all who appeared before him_.

He retained to the last their respect and affection." With such a man

presiding Sergeant Buzfuz's eccentric violence and abuse of the defendant

would have been restrained ("having the outward appearance of a man and

not of a monster.") Mr. Skimpin's gross insinuations, to wit, that

Winkle was "telegraphing" to his friend, would have been summarily put

down, and all "bullying" checked; more, he would have calmly kept

Counsel's attention to the issue. This perfect impartiality would have

made him show to the Jury how little evidence there was to support the

plaintiff's case. Instead came this unlucky indisposition: and his place

was taken by "my Brother Gaselee:" with what results Mr. Pickwick was to

learn disastrously.

It is curious, however, that the Chief Justice, in spite of his

indisposition, should still be associated with the case; for he had tried

the momentous case of Norton _v._ Melbourne, and had heard there letters

read, which were parodied in the "chops and tomato sauce" correspondence,

so Boz had him well before him. The case had to be tried at the

Guildhall Sessions; so a fair and rational judge would have spoilt all

sport. Further, as Boz had seen the fairness and dignity of the Chief

Justice he was naturally reluctant to exhibit him unfavorably. The only

thing was to make the Chief Justice become suddenly "indisposed," and

have his place taken by a grotesque judge.

The Judge who was to try the case, Mr. Justice Stareleigh, as is well

known, was drawn from Sir Stephen Gaselee, of whose name Stareleigh is a

sort of synonym. Serjeant Gaselee was once well known in the

prosecutions directed against Radicals and so-called Reformers, but

_Pickwick_ has given him a greater reputation. The baiting he received

from patriotic advocates may have inflamed his temper and made him

irritable. He is described by one author, in a most humorous, if

personal fashion. He was "a most particularly short man, and so fat that

he seemed all face and waistcoat. He rolled in upon two little turned

legs, and having bobbed gravely to the bar who bobbed gravely to him, put

his little legs under the table, when all you could see of him was two

queer little eyes, one broad, pink face, and somewhere about half of a

big and very comical-looking wig." All through he is shown as arrogant

and incapable, and also as making some absurd mistakes.

It will be a surprise to most people to learn that this picture is no

more than an amusing caricature, and that the judge was really a person

of high character. He is described as "a very painstaking, upright

judge, and, in his private capacity, a worthy and benevolent man." Thus,

Mr. Croker, who, however, supplies a sound reason for his being the

subject of such satire. "With many admirable qualities both of head and

heart, he had made himself a legitimate object of ridicule by his

explosions on the Bench." Under such conditions, the Bar, the suitors

and the public had neither the wish nor the opportunity to search for

extenuating excuses in his private life. They suffered enough from the

"explosions" and that was all that concerned them. He had been fourteen

years on the Bench, and, like Stareleigh, belonged to the Common Pleas.

He was suffering too from infirmities, particularly from deafness, and

appears to have misapprehended statements in the same grotesque fashion

that he mistook Winkle's name.

Boz's fashion of burlesque, by the way, is happily shown in his treatment

of this topic. Another would have been content with "Daniel," the simple

misapprehension. "Nathaniel, sir," says Winkle. "Daniel--any other

name?" "Nathaniel, sir--my lord, I mean." "_Nathaniel Daniel_--_or

Daniel Nathaniel_?" "No, my lord, only Nathaniel, not Daniel at all."

"What did you tell me it was Daniel for, then, sir?"

"I didn't, my lord."

"You did, sir. _How could I have got Nathaniel in my notes_, _unless you

told me so_, _sir_?"

How admirable is this. The sly satire goes deeper, as Judges, under less

gross conditions, have often made this illogical appeal to "my notes."

Though not gifted with oratorical powers which were likely to gain him

employment as a leader, Gaselee's reputation for legal knowledge soon

recommended him to a judge's place. He was accordingly selected on July

1st, 1824, to fill a vacancy in the Court of Common Pleas. In that Court

he sat for nearly fourteen years "with the character of a painstaking

judge, and in his private capacity as a worthy and benevolent man." Thus

Mr. Foss, F.S.A.

The reader will have noted the Judge's severity to poor Groffin, the

chemist, who had pleaded the danger of his boy mistaking oxalic acid for

Epsom salts. Could it be that the Judge's experience as the son of a

provincial doctor, had shown what class of man was before him? Later,

unexpectedly, we learn that the Judge was a steady member for fourteen

years of the Royal Humane Society, of which institution he was also a

Vice-President.

But we now come to a most extraordinary thing--the result of the young

author's telling and most sarcastic portrait of the irascible little

judge. It is curious that Forster, while enumerating various instances

of Boz's severe treatment of living persons, as a sort of chastisement

for their defects of manner or character, seems not to have thought of

this treatment of the judge--and passes it by. Nor did he notice the

prompt result that followed on the sketch. The report of the trial

appeared in the March number, 1837--and we are told, the luckless judge

retired from the Bench, shortly after the end of Hilary Term, that is in

April or the beginning of May. We may assume that the poor gentleman

could not endure the jests of his _confreres_ or the scarcely concealed

tittering of the Barristers, all of whom had of course devoured and

enjoyed the number. We may say that the learned Sergeant Buzfuz was not

likely to be affected in any way by _his_ picture; it may indeed have

added to his reputation. I confess to some sympathy for the poor old

judge who was thus driven from the Bench. Sam Foote was much given to

this sort of personal attack, and made the lives of some of his victims

wretched. Boz, however, seems to have felt himself called upon to act

thus as public executioner on two occasions only. After the fall of the

judge in June, 1837, he wanted a model for a tyrannical magistrate in

_Oliver Twist_--and Mr. Laing, the Hatton Garden Magistrate--a harsh,

ferocious personage, at once occurred to him. He wrote accordingly to

one of his friends that he wished to be _smuggled_ into his office some

morning to study him. This "smuggling" of course meant the placing him

where he would not be observed--as a magistrate knowing his "sketches"

might recognise him. "I know the man perfectly well" he added. So he

did, for he forgot that he had introduced him already in _Pickwick_ as

Nupkins--whose talk is exactly alike, in places almost word for word to

that of "Mr. Fang."

These palliations, Boz, a young fellow of three and twenty or so, did not

pause to weigh. He only saw a testy, red-faced old fellow with goggle

eyes, and seventy-four years old, and past his work. His infirmities

already made him incapable of carrying through the business of the Court

as the mistake, "Is it Daniel Nathaniel or Nathaniel Daniel?" shows. It

is curious, however, that this weakness of misapprehending names is

described of another judge, Arabin--a strange grotesque. Theodore Hook

gives an amusing specimen in his Gilbert Gurney.

From the general description in the text, it is evident Stareleigh was

the prey of gouty affections--which swelled him into grotesque shape, and

he found himself unequal to the office. He died two years after his

retirement at No. 13, Montagu Place, Russell Square; so that the Judge in

Bardell _v._ Pickwick was living close to Perker the Attorney in the same

case. Here we seem to mix up the fictional and the living characters,

but this is the law of _Pickwick_--the confines between the two worlds

being quite confused or broken down. The late commander of our forces in

China, Sir A. Gaselee, is of this family. It should be remembered,

however, when we think of this judge's frowardness, that judges in those

times were dictatorial and carried matters with a high hand. There were

often angry conflicts between them, and members of the Bar, and

Stareleigh was really not so very tyrannical. He did what so many judges

do--took a side from the first, and had decided in his own mind that Mr.

Pickwick could not possibly have a case. That curious form of address

from the Bench is now no longer heard--"who is with you, _Brother

Buzfuz_?" Judges and sergeants were then common members of the

Guild--both wore the "coif."

Bardell v. Pickwick · 第 7 / 23 题