AN action in the Court of Common Pleas, in 1794, between two
Billingsgate fishwomen, afforded two junior Barristers an opportunity of
displaying much small wit.
The counsel for the plaintiff stated, that his client, Mrs. Isaacs,
labored in the humble, but honest vocation of a fishwoman, and that
while she was at Billingsgate market, making those purchases, which were
afterwards to furnish dainty meals to her customers, the defendant Davis
grossly insulted her, and in the presence of the whole market people,
called her a thief, and another, if possible, still more opprobrious
epithet. The learned counsel expatiated at considerable length on the
value and importance of character, and the contempt, misery, and ruin,
consequent upon the loss of it. "Character, my lord," continued he, "is
as dear to a fishwoman, as it is to a duchess. If 'the little worm we
tread on feels a pang as great as when a giant dies;' if the vital
faculties of a sprat are equal to those of a whale; why may not the
feelings of an humble retailer of 'live cod,' and 'dainty fresh salmon,'
be as acute as those of the highest rank in society?" Another
aggravation of this case, the learned counsel said, was, that his client
was an _Old Maid_; with what indignation, then, must she hear that foul
word applied to her, used by the Moor of Venice to his wife? His client
was not vindictive, and only sought to rescue her character, and be
restored to that _place_ in society she had so long maintained.
The Judge inquired if that was the _sole_ object of the plaintiff, or
was it not rather baiting with a _sprat_ to catch a _herring_?
Two witnesses proved the words used by the defendant.
The counsel for the defendant said, his learned brother on the opposite
side had been _floundering_ for some time, and he could not but think
that Mrs. Isaacs was a _flat fish_ to come into court with such an
action. This was the first time he had ever heard of a fishwoman
complaining of abuse. The action originated at Billingsgate, and the
words spoken (for he would not deny that they had been used) were
nothing more than the customary language, the _lex non scripta_, by
which all disputes were settled at that place. If the court were to sit
for the purpose of reforming the language at Billingsgate, the sittings
would be interminable, actions would be as plentiful as mackerel at
midsummer, and the Billingsgate fishwomen would oftener have a new suit
at Guildhall, than on their backs. Under these circumstances, the
learned counsel called on the jury to reduce the damages to a _shrimp_.
Verdict. Damages, _One Penny_.