CHAPTER XXXV.

The trial.

Who shall describe the feelings of joy which animated the breast of Mr.

Bumpkin when at last, with the suddenness of lightning, Mr. Prigg's clerk

flashed into his little parlour the intelligence, "Case in paper; be at

Court by ten o'clock; Bail Court." Such was the telegram which Mr.

Bumpkin got his landlady to read on that pleasant evening towards the end

of July. The far-seeing Prigg was right. It would come on about the end

of July. That is what he had predicted. But it would not have been safe

for Mr. Bumpkin to be away from town for a single day. It might have

been in the paper at any moment; and here it was, just as he was

beginning to get tired of "Camden Town and the whole thing."

Mr. Bumpkin put on a clean shirt, with a good stiff high collar, which he

had reserved from Mrs. Bumpkin's wash; for, in his opinion, there was no

stiffening in the London starch, and no getting up like Mrs. Bumpkin's.

He put on his best neckerchief, and a bran new waistcoat which he had

bought for Sundays six years ago at the market town. He put on his drab

coat with the long tails, which he had worn on the day of his marriage,

and had kept for his best ever since; he put on his velvety looking

corduroy trowsers and his best lace-up watertight boots; and then, after

a good breakfast, put on his white beaver hat, took his ash-stick, and

got into a Westminster 'Bus. What a beautiful morning it was! Just the

morning for a law suit! Down he got at Palace Yard, walked towards the

spacious door of the old hall, entered its shadowy precincts, and then,

in my dream, I lost sight of him as he mingled with the crowd. But I saw

some few moments after in the Bail Court enter, amidst profound silence

and with impressive dignity, Mr. Justice Stedfast. Let me here inform

the reader that if by any chance, say by settlement, postponement or

otherwise, the first case in the list "goes off," as it is called (from

its bearing a striking resemblance to the unexpected going off of a gun),

and the parties in the next case, taken by surprise, are not there at the

moment, that case goes off by being struck out; and very often the next

and the next, and so on to the end of the list. Parties therefore should

be ready, so as to prevent a waste of time. The time of the Court is not

to be wasted by parties not being ready. Now, strangely enough, this is

what happened in the case of _Bumpkin_ v. _Snooks_. Being number eight,

no one thought it would be reached; and the leading counsel, and also the

junior counsel being engaged elsewhere; and Mr. Prigg and Mr. Prigg's

clerk not having arrived; and Mr. Bumpkin not knowing his way; at five

minutes after the sitting of the Court, so expeditious are our legal

proceedings, the celebrated case was actually reached, and this is what

took place:

"Are the parties ready?" inquired his Lordship.

Mr. Ricochet, Q.C., who appeared with Mr. Weasel for the defendant, said

he was ready for the defendant.

"Call the plaintiff!" said a voice.

Loud cries for Bumpkin, who was just pushing his way down the passage

outside.

"Does anyone answer?" asked his lordship; "do you know if any gentleman

is instructed, Mr. Ricochet?"

"I am not aware, my lud."

"Stand up and be sworn, gentlemen," says the associate. Up stood the

jury; and in less than half a minute they found a verdict for the

defendant, counterclaim being abandoned, just as Mr. Bumpkin had pushed

into Court. And judgment is given.

The business having been thus got through, the Court rose and went away.

And then came in both counsel and Mr. Prigg and Horatio; and great

complaints were made of everybody except the Judge, who couldn't help it.

But our administration of justice is not so inelastic that it cannot

adapt itself to a set of circumstances such as these. It was only to

make a few more affidavits, and to appear before his lordship by counsel,

and state the facts in a calm and respectful manner, to obtain the

necessary rectification of the matter. All was explained and all

forgiven. _Bumpkin_ v. _Snooks_ was to be restored to the paper upon

payment of the costs of the day--a trifling matter, amounting only to

about eighteen pounds seventeen shillings. But a severe admonition from

the Bench accompanied this act of grace: "The Court cannot be kept

waiting," said his lordship; "and it is necessary that all suitors should

know that if they are not here when their cases are called on they will

be struck out, or the party to the cause who is here will be entitled to

a verdict, if the defendant; or to try his case in the other's absence,

if he be the plaintiff. It was idle to suppose that parties could not be

there in time: it was their business to be there."

At this every junior barrister nodded approvingly, and the usher called

silence.

Of course, the cause could not be in the paper again for some time: they

must suit Mr. Ricochet's convenience now: and accordingly another period

of waiting had to be endured. Mr. Bumpkin was almost distracted, but his

peace of mind was restored by the worthy Prigg, who persuaded him that a

most laudable piece of good fortune had been brought about by his

intervention; and that was the preventing the wily Snooks from keeping

the verdict he had snatched.

What a small thing will sometimes comfort us!

Mr. Bumpkin was, indeed, a lucky man; for if his case had not been in the

paper when at last it was, it would have "gone over the Long Vacation."

At length I saw Mr. Justice Pangloss, the eminent Chancery Judge, take

his seat in the Bail Court. He was an immense case lawyer. He knew

cases that had been tried in the reigns of the Edwards and Henries. A

pig case could not, therefore, come amiss.

A case lawyer is like Moses and Sons; he can fit anybody, from Chang down

to a midget. But there is sometimes an inconvenience in trying to fit an

old precedent on to new circumstances: and I am not unfrequently reminded

of the boy whose corduroy trousers were of the exact length, and looked

tolerable in front; but if you went round they stuck out a good deal on

the other side. He might grow to them, no doubt, but it is a clumsy mode

of tailoring after all.

Now Mr. Bumpkin, of course, could not be sure that his case was "coming

on." All he knew was, that he must avoid Snooks' snatching another

verdict. He had been to great expense, and a commission had actually

been issued to take Joe's evidence while his regiment was detained at

Malta. Mr. Prigg had taken the plaintiff into a crowd, and there had

left him early in the morning.

Mr. Bumpkin's appearance even in the densest crowd was attractive, to say

the least: and many and various were the observations from time to time

made by the vulgar roughs around as to his personal appearance. His

shirtcollar was greatly praised, so was the beauty of his waistcoat:

while I heard one gentleman make an enquiry which showed he was desirous

of ascertaining what was the name of the distinguished firm which had the

honour of supplying him with hats. One said it was Heath, he could tell

by the brim; another that it was Cole, he went by the polish; and the

particular curl of the brim, which no other hatter had ever succeeded in

producing. While another gentleman with one eye and half a nose

protested that it was one of Lincoln and Bennett's patent dynamite

resisters on an entirely new principle.

The subject of all these remarks listened as one in doubt as to whether

they were levelled at him or in any other direction. He glanced at the

many eyes turned upon him, and heard the laughter that succeeded every

new witticism. His uncertainty as to whether he was "the party eamed

at," heightened the amusement of the wits.

Now came a bolder and less mistakable allusion to his personal

appearance:

"I should like Gladstone to see that, Jem; talk about a collar! the Grand

Old Man's nowhere--he'd better take to turndowns after this."

"Yes," replied the gentleman addressed; "I think this would settle

him--is he liberal or tory, I wonder?"

"Tory, you're sure--wotes for the Squoire, I'll warrant. A small loaf

and a big jail."

Mr. Bumpkin turned his eyes first towards one speaker and then towards

another without moving his head, as he thought:

"Danged if I doan't bleeve thee means I." But he wisely said nothing.

"I say," said another, "I wonder if pigeon's milk is good for the

complexion."

"No," said Jem, "it makes your nose red, and makes the hair sprout out of

the top of it."

Here was a laugh all round, which made the Usher call out silence; and

the Judge said he would have the Court cleared if order was not

preserved. Then there was a loud shouting all over the Court for "Thomas

Bumpkin!"

"Here I be!" said Bumpkin, amid more laughter--and especially of the wits

around him. Then a great bustling and hustling, and pushing and

struggling took place.

"Danged if that beant my case," said Mr. Bumpkin; "but it ain't my

counsellor."

"Make way for the plaintiff," shouted the Usher; "stand on one

side--don't crowd up this passage. This way, sir, make haste; the

Court's waiting for you, why do you keep the Court waiting in this way?"

"I was just going to strike your case out," said the Judge, "the public

time can't be wasted in this way."

Bumpkin scrambled along through the crowd, and was hustled into the

witness-box. The Judge put up his eye-glass, and looked at the plaintiff

as though he was hardly fit to bring an action in a Superior Court. Up

went the book into his hand. "Take the book in your right hand. Kiss

the book; now attend and speak up--speak up so that those gentlemen may

hear."

"Why weren't you here before?" asked the Judge.

"I wur, my lord?"

"Didn't you hear your learned counsel opening your case?"

"I didn't know it wur my case," said Bumpkin, amid roars of laughter.

"I don't wonder at that," said Mr. Ricochet, looking at the jury.

"Now then," said the Judge.

"And now, then," said Mr. Silverspoon; for neither of his own counsel was

able to be present.

"You are a farmer, I believe?"

"I be."

"On the 29th of May, 18--; did the defendant come to your farm?"

"Ur did."

"Did he buy a pig?"

"Ur did not; but ur said he'd be d---d if ur wouldn't 'ave un."

"And did he come and take it away?"

"Ur did; pulled un slick out of the sty; and when I tried to stop un in

the Lane, took un by main force?"

Mr. Silverspoon sat down.

"What was the age of this pig, Mr. Bumpkin," enquired the Judge.

"He wur ten weeks old, your lord."

"Isn't there a calf case, Mr. Ricochet, very similar to this?"

"Yes, my lord."

"I think," said Mr. Justice Pangloss, "it was tried in the reign of James

the First."

Mr. Ricochet, who knew nothing of the calf case, except what his Lordship

had told him, said he believed it was.

"If this was anything," continued Mr. Ricochet, "upon the plaintiff's own

showing it was a felony, and the plaintiff should have prosecuted the

defendant criminally before having recourse to his civil remedy; that is

laid down in the sheep case reported in Walker's Trumpery Cases."

"What volume of the Trumpery Cases is that, Mr. Ricochet?"

"Six hundred and fifty, my lud."

His Lordship writes it down. "Page?" says his lordship.

"Nineteen hundred and ninety-five, my lud; about the middle of the book."

Judge calls to the Usher to bring the six hundred and fiftieth volume of

Walker's Trumpery Cases.

"But there's a case before that," said his lordship. "There's a case, if

I recollect rightly, about the time of Julius Caesar--the donkey case."

"It's on all fours with this," said Mr. Ricochet.

"What do you say, Mr. Silverspoon?"

Then Mr. Silverspoon proceeded to show that none of those cases was on

all fours with the present case; and a long and interesting argument

followed between the Bench and the Bar. And it was said by those who

were most competent to judge, that Mr. Silverspoon quite distinguished

himself for the wonderful erudition he displayed in his knowledge of the

donkey case, and several other cases of four-footed beasts that were

called to his attention by Mr. Justice Pangloss. A perfect menagerie was

"adduced." Mr. Bumpkin meanwhile wondering where he was, and what on

earth they had all got to do with the plain fact of Snooks taking his pig

without paying for it.

At length, after four hours had been consumed in these learned

disquisitions, Mr. Justice Pangloss, reviewing the judgments of the

various eminent lawyers who had presided over the respective cases in the

several reigns, and after quoting many observations of those eminent

jurists, said that in order to save time he would hold, for the purposes

of to-day, that Mr. Bumpkin was entitled to bring his action: but, of

course, he would reserve the point; he was by no means clear; he

considered himself bound by authority; and as the point was extremely

important, and left undecided after no less than twelve hundred years of

argument on the one side and the other, he thought it ought to be

solemnly settled. An unsettled state of the law was a very bad thing in

his lordship's opinion; especially in these modern times, when it

appeared to him that the public were clamouring for further reform, and a

still further simplification of legal procedure.

This suited Mr. Ricochet exactly; he could not be said now to have lost

his case, even if the jury should find against him. But he had yet to

cut up Bumpkin in cross-examination. The old trial was brought up

against the plaintiff; and every thing that could tend to discredit him

was asked. Mr. Ricochet, indeed, seemed to think that the art of

cross-examination consisted in bullying a witness, and asking all sorts

of questions tending to cast reflections upon his character. He was

especially great in insinuating perjury; knowing that that is always open

to a counsel who has no other defence.

"Will you swear that?" was asked at almost every answer; sometimes

prefaced by the warning, "Be careful, sir--be careful." If he could get

hold of anything against a witness's character, be it ever so small, and

at ever so remote a distance in the man's life, he brought it out; and

being a Queen's Counsel he did not always receive the reproofs that would

have crushed a stuff gownsman into respectable behaviour.

"Were you charged with assaulting a female in the public streets, sir?"

"No, I worn't."

"Be careful, sir--she may be in Court."

"Let her come forward then," said the courageous Silverspoon, who was by

no means wanting in tact.

"Will you be quiet, sir," retorted Ricochet. "Now Mr. Bumpkin, or

whatever your name is, will you swear she did not accuse you of

assaulting her?"

"She coomed oop, and it's my belief she wur in the robbery."

"Bravo Bumpkin!" said one of the men who had chaffed him. And the jury

looked at one another in a manner that showed approval.

"Will you swear, sir, you have never been in trouble?"

"I donnow what thee means."

"Be careful, sir; you know what I mean perfectly well."

Then Locust whispers to him, and he says:

"O, you frequent Music Halls, don't you?"

"Donnow what thee means," says Bumpkin.

"O, you don't, don't you; will you swear that?"

"I wool."

"Be careful, sir. Were you at the Canterbury Hall with two women, who

passed as the Countess and Lady Flora?"

"It be a lie!"

And thus every form of torture was ruthlessly employed, till Mr. Bumpkin

broke down under it, and cried like a child in the witness-box. This

awakened sympathy for him. There had been much humour and much laughter;

and Mr. Ricochet having no knowledge of human nature, was not aware how

closely allied are laughter and tears; that in proportion as the jury had

laughed at the expense of Mr. Bumpkin they would sympathize with his

unhappy position.

"I've worked hard," said he, "for sixty year, and let any man come

forrard and say I've wronged man, ooman, or child!"

That was a point for Bumpkin. Every one said, "Poor old man!" and even

his Lordship, who was supposed to have no feeling, was quite sympathetic.

Only Mr. Ricochet was obtuse. He had no heart, and very little skill, or

he would have managed his case more adroitly. "Badgering" is not much

use if you have no better mode of winning your case.

"Stand down, Mr. Bumpkin," said his counsel, as Mr. Ricochet resumed his

seat amid the suppressed hisses of the gallery.

"Joseph Wurzel," said Mr. Silverspoon.

Joe appeared in the uniform of the Hussars. And he wore a medal too.

Mr. Ricochet had no sympathy with heroes any more than he had with men of

letters, artists, or any other class of talent. He was a dry,

uncompromising, blunt, unfeeling lawyer, looking at justice as a

thimblerig looks at his pea; lift which thimble you may, he will take

care the pea shall not be found if he can help it. He smiled a grim,

inhuman smile at Bumpkin's tears, and muttered that he was an "unmanly

milksop."

Joe gave his evidence briefly and without hesitation. Everyone could see

he was speaking the truth; everybody but Mr. Ricochet, who commenced his

cross-examination by telling him to be careful, and that he was upon his

oath.

"Be careful, sir;" he repeated.

Joe looked.

"You are on your oath, sir." Joe faced him.

"You deserted your master, did you?"

"No," said Joe; "I aint no deserter?"

"But you enlisted."

"I don't know as that's desertion," said Joe; "and I'm here to speak for

him now; and I give my evidence at Malta, too."

"Do you swear that, sir?" enquired Mr. Ricochet. "Were you not with your

master when the young woman accused him of assaulting her?"

"I was not."

"Why did you enlist, then?" enquired Mr. Ricochet.

"Cause I choose to," said Joe.

"Now, sir, upon your oath; I ask you, did you not enlist because of this

charge?"

"No; I never heard on it till arter I was listed."

"When did you hear of it?"

"At the trial at the Old Bailey."

"O," said the learned Q.C.; "wait a minute, you were there, were you?

Were you there as a witness?"

"No."

"Why not?"

"Because I warnt."

"Will you swear that?" asked Ricochet, amid roars of laughter.

"What were you there for?"

"To hear the trial!"

"And you were not called?"

"No."

"And do you mean on your oath, sir, to say that you had enlisted at that

time."

"Now look at that," said Joe; "the Sergeant there enlisted me, and he

knows."

"I suppose you had seen your master's watch many times?"

"I'd seen it," said Joe.

"And did not give evidence!"

"No; I warnt called, and know'd nothing about it."

"You've been paid for coming here, I suppose?"

"Not a farden, and wouldn't take un; he bin a good maister to me as ever

lived."

"And you left him. Now then, sir, be careful; do you swear you heard

Bumpkin say Snooks should not have the pig?"

"I do."

"Have you been speaking to anyone about this case before to-day?"

Joe thought a bit.

"Be careful, sir, I warn you," says Ricochet.

"Yes," said Joe; "I have."

"I thought so. When? To whom?"

And here an air of triumph lit up the features of Mr. Ricochet.

"Afore I comed here."

"When! let's have it?"

"Outside the Court."

"To Bumpkin?"

"No; to that there Locust; he axed un--"

"Never mind what he axed you;" said Ricochet, whose idea of humour

consisted in the repetition of an illiterate observation; and he sat

down--as well he might--after such an exhibition of the art of advocacy.

But on re-examination, it turned out that Mr. Locust had put several

questions to Joe with a view of securing his evidence himself at a

reasonable remuneration, and of contradicting Mr. Bumpkin.

This caused the jury to look at one another with grave faces and shake

their heads.

Mr. Ricochet began and continued his speech in the same common-place

style as his cross-examination; abusing everyone on the other side,

especially that respectable solicitor, Mr. Prigg; and endeavouring to

undo his own bad performance with the witness by a worse speech to the

jury. What he was going to show, and what he was going to prove, was

wonderful; everybody who had been called was guilty of perjury; everybody

he was going to call would be a paragon of all the virtues. He

expatiated upon the great common sense of the jury (as though they were

fools), relied on their sound judgment and denounced the conduct of Mr.

Bumpkin in the witness-box as a piece of artful acting, intended to

appeal to the weakness of the jury. But all was useless. Snooks made a

sorry figure in the box. He was too emphatic, too positive, too abusive.

Mr. Ricochet could not get over his own cross-examination. The

ridiculous counterclaim with its pettifogging innuendoes vanished before

that common sense of the jury to which Mr. Ricochet so dryly appealed.

The edifice erected by the modern pleader's subtle craftiness was

unsubstantial as the icy patterns on the window-pane, which a single

breath can dissipate. And yet these ingenious contrivances were

sufficient to give an unimportant case an appearance of substantiality

which it otherwise would not have possessed.

The jury, after a most elaborate charge from Mr. Justice Pangloss, who

went through the cases of the last 900 years in the most careful manner,

returned a verdict for the plaintiff with twenty-five pounds damages.

The learned Judge did not give judgment, inasmuch as there were points of

law to be argued. Mr. Bumpkin, although he had won his case so far as

the verdict was concerned, did not look by any means triumphant. He had

undergone so much anxiety and misery, that he felt more like a man who

had escaped a great danger than one who had accomplished a great

achievement.

Snooks' mouth, during the badgering of the witnesses, which was intended

for cross-examination was quite a study for an artist or a physiologist.

When he thought a witness was going to be caught, the orifice took the

form of a gothic window in a ruinous condition. When he imagined the

witness had slipped out of the trap laid for him, it stretched

horizontally, and resembled a baker's oven. He was of too coarse a

nature to suspect that his own counsel had damaged his case, and believed

the result of the trial to have been due to the plaintiff's "snivelling."

He left the Court with a melancholy downcast look, and his only chance of

happiness hereafter in this life seemed now to be in proportion to his

power of making Mr. Bumpkin miserable. Mr. Locust was not behind in his

advice on their future course; and, after joining his client in the hall,

at once pointed out the utterly absurd conclusion at which the jury had

arrived; declared that there must be friends of the plaintiff among them,

and that Mr. Ricochet would take the earliest opportunity of moving for a

new trial; a piece of information which quite lit up the coarse features

of his client, as a breath of air will bring a passing glow to the

mouldering embers of an ash-heap on a dark night.

The Humourous Story of Farmer Bumpkin's Lawsuit · 第 35 / 38 章