CHARGE AND VERDICT.

The regular formula is this. The judge begins to read his notes, and

makes "running comments" as he goes along. "We have first, gentlemen,

the statement of Mrs. Cluppins, she tells you, &c. Of course she comes

as the friend of the Plaintiff, and naturally takes a favourable view of

her case. If you are satisfied with her statement, it is for you,

gentlemen, to consider what value you will attach to it. Then we come to

the question of damages. This is entirely a matter for you. You must

take into account the position in life of the Defendant, and what the

Plaintiff has lost by his default. On the other hand they must be

reasonable in amount. If you believe the promise has been clearly

established, you should give substantial though not excessive damages, on

a scale sufficient to repay the Plaintiff for the wrong. On the other

hand--should it seem to you doubtful whether the promise had been

made--you will give the Defendant the benefit of the doubt. These are

questions entirely for you--not for me. On the whole case, you will ask

yourselves, whether a promise such as would satisfy reasonable men, has

been supported by sufficient evidence. If so, Plaintiff is entitled to

damages--on the other hand, if this is not proved to your satisfaction,

you will find for the Defendant."

Mr. Justice Stareleigh, however, as we are told, then "summed up in his

old established and most approved form. He read as much of his notes as

he could decypher on so short a notice, and made running comments on the

evidence as he went along. If Mrs. Bardell were right, it was perfectly

clear that Mr. Pickwick was wrong, and if they thought the evidence of

Mrs. Cluppins worthy of credence, they would believe it, and if they

didn't, why they would'nt. If they were satisfied that a breach of

promise had been committed, they would find for the Plaintiff, with such

damages as they thought proper; and if, on the other hand, it appeared to

them that no promise of marriage had ever been given, they would find for

the Defendant, with no damages at all." Such was this lucid

direction--which is really, not in the least, an exaggeration.

But I could fancy some acute judge of our time--such as Mr. Justice Day

or Mr. Justice Bigham--after trying this case, turning round in his seat

to "charge" the jury. "Here, gentlemen," he would tell them, "we have it

claimed on one side that a promise of marriage was made--and broken; on

the other hand the Defendant denies having ever given such a promise.

The question you will have to deal with is: What was this promise, and

when was it given? In other words, _when_ did the Defendant propose to

the lady. On the part of the Plaintiff, this was said to have been done

at the interview in Goswell Street, and two friends of the

Plaintiff--Mrs. Cluppins, I think"--turning over his notes--"yes,

Cluppins, and Sanders both declare positively that they overheard the

language of the proposal. Further, Mr. Pickwick's friends are called, to

prove that the lady was in his arms, fainting. It is extraordinary that

not one of these three gentlemen should have deposed to any statements or

have offered explanations of the situation. One witness indeed says that

he heard the Defendant remonstrate with the Plaintiff, on her hysterical

behaviour, and ask her to consider that if any one should come in, what

would be said. Now, this is not the language of an ardent suitor, who

would rather wish than otherwise, that such endearing familiarities

should continue: though I don't think you need seriously accept the

reading the learned Counsel, Mr. Skimpin, put on the phrase used; on the

other hand, the words 'my dear creature,' were distinctly heard.

"There is one little incident," the Judge might go on, "which I must not

pass by, and which is not without its significance. A witness deposed

that the defendant was noted for his kindness to the Plaintiff's little

boy--that he was constantly giving him presents, and once was heard to

say to him, patting him on the head, '_how would you like to have another

father_?' Now, this addressed to a child of tender years does seem an

odd sort of speech. Of course, it will be contended that the reference

was to the probability of his Mother marrying some one other than the

Defendant: if that be the case, it seems to me rather an indelicate and

reckless speech. And then it must be said, it seems inconsistent with

the amiable and benevolent character given to the Defendant to-day. On

the other hand, if he were referring to _himself_ it will appear natural

and proper enough. And there is this to be added, that when the child

had reported the remark to his mother, which of course he did, she would

most reasonably begin to found hopes upon it. And then what follows,

Gentlemen?--the Defendant is found holding this lady in his arms, and

becomes so demonstrative in his attentions that this very child comes to

her rescue. I am inexperienced in these things--they may be innocent and

done with the purest intentions, or may not; but you, Gentlemen of the

Jury, are men of the world: and it is for you to put the proper

construction on them."

"You will have noted, Gentlemen, this curious feature of the case. None

of the witnesses were in the room when the imputed proposal was made, yet

all, Cluppins, Weller, and the Defendant's three friends, _heard_ what

the Defendant said. This suggests that he must have been very pressing,

if not agitated. One of the witnesses, Winkle, I think, yes, Winkle,

actually deposes to hearing the words, 'My dear creature! Compose

yourself' and the like. He added he was afraid someone might come in; a

very reasonable fear, Gentlemen, and well grounded: for several persons

_did_ come in and it would seem with awkward results for the Defendant.

But, Gentlemen, I confess that what most of all weighs with me in this

case is the remarkable avowal wrung from a reluctant witness, of the

Defendant's being surprised at midnight in a lady's bed-chamber, and

being taken, after a serious riot, before the Magistrates. This came on

me, as I saw it did on you all, as a surprise. True, it does not bear on

the question of a promise or of the breach. But still it seems a matter

which you cannot wholly shut out from your consideration. It startled me

as it did you, to find a sort of travelling philanthropist, as the

Defendant Pickwick holds himself out to be, on whose mildly benevolent

features nature seems to have stamped rectitude and high principle,

living a life of hypocrisy, taking part in midnight invasions and

daylight riots. It is one of his own friends who tells us this sad

story: and it is for you to consider whether the Plaintiff was here also

in pursuit of yet another disreputable game, holding out marriage as the

bait: I seem to speak strongly, but I feel it would be impossible to

withdraw this from your consideration.

"You may reasonably ask yourselves of what Pickwick was afraid--or why

did he dread the presence of witnesses? Was he simply beguiling the

lady, as he attempted to beguile that lady at Ipswich, without 'meaning

business,' as the phrase runs. I must say the Plaintiff had rather

reasonable grounds for assuming that the Defendant _did_ mean business.

But all this is for you, Gentlemen, not for me.

"Then we have the man Weller's statement--a sort of humorous stage

servant, not unamusing--and of course entirely devoted to his master's

interest. I don't think you need attach any importance to what he said

of the solicitors for the Plaintiff. When I was at the Bar, Gentlemen,

attornies did much worse things than this."

The jury consulted for only a few minutes. Perhaps, however, they were

only discussing the amount of damages. They were certainly

moderate--laid at 1500 pounds--though had Dodson and Fogg's advice

prevailed, it should have been double. This only, by the way, is further

proof of the amiable Mrs. Bardell's moderation and secret _tendre_ for

her genial lodger. Considering that Mr. Pickwick was 'a gentleman,' and

further a gentleman of means, and that Mrs. Bardell was but an humble

lodging-house keeper, the sum seems hardly commensurate. Dodson and Fogg

no doubt expected 1,000 pounds.

An anxious quarter of an hour elapsed; the jury came back; the judge

was fetched in. Mr. Pickwick put on his spectacles, and gazed at the

foreman with an agitated countenance and a quickly beating heart.

'Gentlemen,' said the individual in black, 'are you all agreed upon

your verdict?'

'We are,' replied the foreman.

'Do you find for the plaintiff, gentlemen, or for the defendant?'

'For the plaintiff.'

'With what damages, gentlemen?'

'Seven hundred and fifty pounds.'

Mr. Pickwick took off his spectacles, carefully wiped the glasses,

folded them into their case, and put them in his pocket; then having

drawn on his gloves with great nicety, and stared at the foreman all

the while, he mechanically followed Mr. Perker and the blue bag out

of court.

They stopped in a side room while Perker paid the court fees; and

here, Mr. Pickwick was joined by his friends. Here, too, he

encountered Messrs. Dodson and Fogg, rubbing their hands with every

token of outward satisfaction.

'Well, gentlemen,' said Mr. Pickwick.

'Well, sir,' said Dodson: for self and partner.

'You imagine you'll get your costs, don't you, gentlemen?' said Mr.

Pickwick.

Fogg said they thought it rather probable. Dodson smiled, and said

they'd try.

'You may try, and try, and try again, Messrs. Dodson and Fogg,' said

Mr. Pickwick vehemently, 'but not one farthing of costs or damages do

you ever get from me, if I spend the rest of my existence in a

debtor's prison.'

'Ha, ha!' laughed Dodson. 'You will think better of that, before

next term, Mr. Pickwick.'

'He, he, he! We'll soon see about that Mr. Pickwick,' grinned Mr.

Fogg.

Speechless with indignation, Mr. Pickwick allowed himself to be led

by his solicitor and friends to the door, and there assisted into a

hackney-coach, which had been fetched for the purpose, by the ever

watchful Sam Weller.

Sam had put up the steps; and was preparing to jump upon the box,

when he felt himself gently touched on the shoulder; and looking

round, his father stood before him. The old gentleman's countenance

wore a mournful expression, as he shook his head gravely, and said,

in warning accents:

'I know'd what 'ud come 'o this here mode 'o doin' bisness. Oh

Sammy, Sammy, vy worn't there a alleybi!'

We may wonder that the laborious Chamber Counsel Serjeant Snubbin did not

advise "moving for a new trial." The verdict was clearly a wrong one--no

sufficient evidence had been furnished either of a promise, or a breach.

The full court would no doubt have granted the motion, and this would

have led to Mr. Pickwick's release, for the astute Dodson and Fogg must

have recognised their poor chances, and perhaps have required "security

for costs," which their client could not have given. However, the idea

did not occur to anybody.

Since the law was changed both plaintiff and defendant may be examined in

such cases as these. What a different complexion this would have put on

the suit. The whole case would have tumbled to pieces like a pack of

cards. For Mr. Pickwick "put into the box" would have clearly shown that

all that had been thus misconstrued, was his proposal for engaging a

valet, which was to have been that very morning. He would have related

the words of the dialogue, and the Jury would have seen at once how the

mistake arose. On the other hand, he would have been exposed to a severe

rating cross examination by the learned Serjeant--fortified by Winkle's

most damaging slip about the White Horse incident--who would have forced

out of him all the incidents. We can almost hear the Serjeant subject

the Defendant to the torture.

"This fellow of yours, Sir, was he recommended to you by a friend?"

"No--not at all."

"By a Registry Office?"

"Certainly not--nothing of the kind."

"Nothing of the kind? I suppose too low a class of place for you, eh?

Come Sir!"

"I never said such a thing."

"Nor thought it, I suppose? Come, Sir, no beating about the bush. In

plain terms, did you get him from a low Public House in the Boro'?"

Mr. Pickwick started up.

"Never!"

"Do you deny it?"

"I never knew that the White Hart was a low Public-House," said the

witness indignantly.

"Never mind what you know, Sir. Did you or did you not get him from

there?" thundered the Serjeant.

"Of course I did."

"Of course you did. Then what's the use of all this juggling. It does

you no good with My Lord and the Jury. I tell you plainly, Mr. Pickwick,

we mean to have all out of you. Now Sir, was this man of yours an

experienced valet?"

"Certainly not."

"He had, of course, some training in his profession in other families?"

"Not that I know of."

"Not that you know of. Do you dare to persist in that, Sir?"

"Why not?"

"Don't ask _me_ questions, Sir, I'm asking _you_. Do you deny, Sir, that

the man was neither more nor less than a common Boots in the yard of a

Public House, wearing an old tattered hat and jacket--very different from

the suit in which you have rigged him up here to-day?"

Mr. Pickwick was astonished and silent. He was suffering. He had never

dreamed of this view.

"Why," he said, "I suppose--"

"We want none of your supposes, Sir, answer yes or no."

"Well he certainly was such as you describe."

A flutter ran round the court.

"And this creature of yours, you would impose on the Jury as a trained

man servant. You may go down Sir."

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