CHAPTER VI
Is wholly devoted to a Full and Faithful Report of the Memorable Trial of Bardell against Pickwick

“I wonder what the foreman of the jury, whoever he’ll be, has got for breakfast,” said Mr. Snodgrass, by way of keeping up a conversation on the eventful morning of the fourteenth of February.

“Ah!” said Perker, “I hope he’s got a good one.”

“Why so?” inquired Mr. Pickwick.

“Highly important; very important, my dear sir,” replied Perker. “A good, contented, well-breakfasted juryman, is a capital thing to get hold of. Discontented or hungry jurymen, my dear sir, always find for the plaintiff.”

“Bless my heart,” said Mr. Pickwick, looking very blank; “what do they do that for?”

“Why, I don’t know,” replied the little man, coolly; “saves time, I suppose. If it’s near the dinner-time, the foreman takes out his watch when the jury has retired, and says, ‘Dear me, gentlemen, ten minutes to five, I declare! I dine at five, gentlemen.’ So do I,’ says everybody else, except two men who ought to have dined at three, and seem more than half disposed to stand out in consequence. The foreman smiles, and puts up his watch: – ‘Well, gentlemen, what do we say, plaintiff or defendant, gentlemen? I rather think, so far as I am concerned, gentlemen, – I say, I rather think, – but don’t let that influence you – I rather think the plaintiff’s the man.’ Upon this, two or three other men are sure to say that they think so too – as of course they do; and then they get on very unanimously and comfortably. Ten minutes past nine!” said the little man, looking at his watch. “Time we were off, my dear sir; breach of promise trial – court is generally full in such cases. You had better ring for a coach, my dear sir, or we shall be rather late.”

Mr. Pickwick immediately rang the bell; and a coach having been procured, the four Pickwickians and Mr. Perker ensconced themselves therein, and drove to Guildhall; Sam Weller, Mr. Lowten, and the blue bag, following in a cab.

“Lowten,” said Perker, when they reached the outer hall of the court, “put Mr. Pickwick’s friends in the students’ box; Mr. Pickwick himself had better sit by me. This way, my dear sir, this way.” Taking Mr. Pickwick by the coat-sleeve, the little man led him to the low seat just beneath the desks of the King’s Counsel, which is constructed for the convenience of attorneys, who from that spot can whisper into the ear of the leading counsel in the case, any instructions that may be necessary during the progress of the trial. The occupants of this seat are invisible to the great body of spectators, inasmuch as they sit on a much lower level than either the barristers or the audience, whose seats are raised above the floor. Of course they have their backs to both, and their faces towards the judge.

“That’s the witness-box, I suppose?” said Mr. Pickwick, pointing to a kind of pulpit, with a brass rail, on his left hand.

“That’s the witness-box, my dear sir,” replied Perker, disinterring a quantity of papers from the blue bag, which Lowten had just deposited at his feet.

“And that,” said Mr. Pickwick, pointing to a couple of enclosed seats on his right, “that’s where the jurymen sit, is it not?”

“The identical place, my dear sir,” replied Perker, tapping the lid of his snuff-box.

Mr. Pickwick stood up in a state of great agitation, and took a glance at the court. There were already a pretty large sprinkling of spectators in the gallery, and a numerous muster of gentlemen in wigs, in the barristers’ seats: who presented, as a body, all that pleasing and extensive variety of nose and whisker for which the bar of England is so justly celebrated. Such of the gentlemen as had a brief to carry, carried it in as conspicuous a manner as possible, and occasionally scratched their noses therewith, to impress the fact more strongly on the observation of the spectators. Other gentlemen, who had no briefs to show, carried under their arms goodly octavos with a red label behind, and that under-done-pie-crust-coloured cover, which is technically known as “law calf.” Others, who had neither briefs nor books, thrust their hands into their pockets, and looked as wise as they conveniently could; others, again, moved here and there with great restlessness and earnestness of manner, content to awaken thereby the admiration and astonishment of the uninitiated strangers. The whole, to the great wonderment of Mr. Pickwick, were divided into little groups, who were chatting and discussing the news of the day in the most unfeeling manner possible, – just as if no trial at all were coming on.

A bow from Mr. Phunky, as he entered, and took his seat behind the row appropriated to the King’s Counsel, attracted Mr. Pickwick’s attention; and he had scarcely returned it, when Mr. Serjeant Snubbin appeared, followed by Mr. Mallard, who half hid the Serjeant behind a large crimson bag, which he placed on the table, and after shaking hands with Perker, withdrew. Then there entered two or three more Serjeants; and among them, one with a fat body and a red face, who nodded in a friendly manner to Mr. Serjeant Snubbin, and said it was a fine morning.

“Who’s that red-faced man, who said it was a fine morning, and nodded to our counsel?” whispered Mr. Pickwick.

“Mr. Serjeant Buzfuz,” replied Perker. “He’s opposed to us; he leads on the other side. That gentleman behind him is Mr. Skimpin, his junior.”

Mr. Pickwick was on the point of inquiring, with great abhorrence of the man’s cold-blooded villainy, how Mr. Serjeant Buzfuz, who was counsel for the opposite party, dared to presume to tell Mr. Serjeant Snubbin, who was counsel for him, that it was a fine morning, when he was interrupted by a general rising of the barristers, and a loud cry of “Silence!” from the officers of the court. Looking round, he found that this was caused by the entrance of the judge.

Mr. Justice Stareleigh (who sat in the absence of the Chief Justice, occasioned by indisposition), 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 underneath his table, and his little three-cornered hat upon it; and when Mr. Justice Stareleigh had done this, 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.

The judge had no sooner taken his seat, than the officer on the floor of the court called out “Silence!” in a commanding tone, upon which another officer in the gallery cried “Silence!” in an angry manner, whereupon three or four more ushers shouted “Silence!” in a voice of indignant remonstrance. This being done, a gentleman in black, who sat below the judge, proceeded to call over the names of the jury; and after a great deal of bawling, it was discovered that only ten special jurymen were present. Upon this, Mr. Serjeant Buzfuz prayed a tales; the gentleman in black then proceeded to press into the special jury, two of the common jurymen; and a greengrocer and a chemist were caught directly.

“Answer to your names, gentlemen, that you may be sworn,” said the gentleman in black. “Richard Upwitch.”

“Here,” said the greengrocer.

“Thomas Groffin.”

“Here,” said the chemist.

“Take the book, gentlemen. You shall well and truly try – ”

“I beg this court’s pardon,” said the chemist, who was a tall, thin, yellow-visaged man, “but I hope this court will excuse my attendance.”

“On what grounds, sir?” said Mr. Justice Stareleigh.

“I have no assistant, my Lord,” said the chemist.

“I can’t help that, sir,” replied Mr. Justice Stareleigh. “You should hire one.”

“I can’t afford it, my Lord,” rejoined the chemist.

“Then you ought to be able to afford it, sir,” said the judge, reddening; for Mr. Justice Stareleigh’s temper bordered on the irritable, and brooked no contradiction.

“I know I ought to do, if I got on as well as I deserved, but I don’t, my Lord,” answered the chemist.

“Swear the gentleman,” said the judge, peremptorily.

The officer had got no further than the “You shall well and truly try,” when he was again interrupted by the chemist.

“I am to be sworn, my Lord, am I?” said the chemist.

“Certainly, sir,” said the testy little judge.

“Very well, my Lord,” replied the chemist, in a resigned manner. “Then there’ll be murder before this trial’s over; that’s all. Swear me, if you please, sir;” and sworn the chemist was, before the judge could find words to utter.

“I merely wanted to observe, my Lord,” said the chemist, taking his seat with great deliberation, “that I’ve left nobody but an errand-boy in my shop. He is a very nice boy, my Lord, but he is not acquainted with drugs; and I know that the prevailing impression on his mind, is that Epsom salts means oxalic acid; and syrup of senna, laudanum. That’s all, my Lord.” With this, the tall chemist composed himself into a comfortable attitude, and, assuming a pleasant expression of countenance, appeared to have prepared himself for the worst.

Mr. Pickwick was regarding the chemist with feelings of the deepest horror, when a slight sensation was perceptible in the body of the court; and immediately afterwards Mrs. Bardell, supported by Mrs. Cluppins, was led in, and placed, in a drooping state, at the other end of the seat on which Mr. Pickwick sat. An extra-sized umbrella was then handed in by Mr. Dodson, and a pair of pattens by Mr. Fogg, each of whom had prepared a most sympathising and melancholy face for the occasion. Mrs. Sanders then appeared, leading in Master Bardell. At sight of her child, Mrs. Bardell started; suddenly recollecting herself, she kissed him in a frantic manner; then relapsing into a state of hysterical imbecility, the good lady requested to be informed where she was. In reply to this, Mrs. Cluppins and Mrs. Sanders turned their heads away and wept, while Messrs. Dodson and Fogg entreated the plaintiff to compose herself. Serjeant Buzfuz rubbed his eyes very hard with a large white handkerchief, and gave an appealing look towards the jury, while the judge was visibly affected, and several of the beholders tried to cough down their emotions.

“Very good notion that, indeed,” whispered Perker to Mr. Pickwick. “Capital fellows those Dodson and Fogg; excellent ideas of effect, my dear sir, excellent.”

As Perker spoke, Mrs. Bardell began to recover by slow degrees, while Mrs. Cluppins, after a careful survey of Master Bardell’s buttons and the button-holes to which they severally belonged, placed him on the floor of the court in front of his mother, – a commanding position in which he could not fail to awaken the full commiseration and sympathy of both judge and jury. This was not done without considerable opposition, and many tears, on the part of the young gentleman himself, who had certain inward misgivings that the placing him within the full glare of the judge’s eye was only a formal prelude to his being immediately ordered away for instant execution, or for transportation beyond the seas, during the whole term of his natural life, at the very least.

“Bardell and Pickwick,” cried the gentleman in black, calling on the case, which stood first on the list.

“I am for the plaintiff, my Lord,” said Mr. Serjeant Buzfuz.

“Who is with you, brother Buzfuz?” said the judge. Mr. Skimpin bowed, to intimate that he was.

“I appear for the defendant, my Lord,” said Mr. Serjeant Snubbin.

“Anybody with you, brother Snubbin?” inquired the court.

“Mr. Phunky, my Lord,” replied Serjeant Snubbin.

“Serjeant Buzfuz and Mr. Skimpin for the plaintiff,” said the judge, writing down the names in his note-book, and reading as he wrote; “for the defendant, Serjeant Snubbin and Mr. Monkey.”

“Beg your Lordship’s pardon, Phunky.”

“Oh, very good,” said the judge; “I never had the pleasure of hearing the gentleman’s name before.” Here Mr. Phunky bowed and smiled and the judge bowed and smiled too, and then Mr. Phunky, blushing into the very whites of his eyes, tried to look as if he didn’t know that everybody was gazing at him: a thing which no man ever succeeded in doing yet, or, in all reasonable probability, ever will.

“Go on,” said the judge.

The ushers again called silence, and Mr. Skimpin proceeded to “open the case;” and the case appeared to have very little inside it when he had opened it, for he kept such particulars as he knew, completely to himself, and sat down, after a lapse of three minutes, leaving the jury in precisely the same advanced stage of wisdom as they were in before.

Serjeant Buzfuz then rose with all the majesty and dignity which the grave nature of the proceedings demanded, and having whispered to Dodson, and conferred briefly with Fogg, pulled his gown over his shoulders, settled his wig, and addressed the jury.

Serjeant Buzfuz began by saying, that never, in the whole course of his professional experience – never, from the very first moment of his applying himself to the study and practice of the law – had he approached a case with feelings of such deep emotion, or with such a heavy sense of the responsibility imposed upon him – a responsibility, he would say, which he could never have supported, were he not buoyed up and sustained by a conviction so strong, that it amounted to positive certainty that the cause of truth and justice, or, in other words, the cause of his much-injured and most oppressed client, must prevail with the high-minded and intelligent dozen of men whom he now saw in that box before him.

Counsel usually begin in this way, because it puts the jury on the very best terms with themselves, and makes them think what sharp fellows they must be. A visible effect was produced immediately; several jurymen beginning to take voluminous notes with the utmost eagerness.

“You have heard from my learned friend, gentlemen,” continued Serjeant Buzfuz, well knowing that, from the learned friend alluded to, the gentlemen of the jury had heard just nothing at all – “you have heard from my learned friend, gentlemen, that this is an action for a breach of promise of marriage, in which the damages are laid at £1500. But you have not heard from my learned friend, inasmuch as it did not come within my learned friend’s province to tell you, what are the facts and circumstances of the case. Those facts and circumstances, gentlemen, you shall hear detailed by me and proved by the unimpeachable female whom I will place in that box before you.”

Here Mr. Serjeant Buzfuz, with a tremendous emphasis on the word “box,” smote his table with a mighty sound, and glanced at Dodson and Fogg, who nodded admiration of the serjeant, and indignant defiance of the defendant.

“The plaintiff, gentlemen,” continued Serjeant Buzfuz, in a soft and melancholy voice, “the plaintiff is a widow; yes, gentlemen, a widow. The late Mr. Bardell, after enjoying, for many years, the esteem and confidence of his sovereign, as one of the guardians of his royal revenues, glided almost imperceptibly from the world, to seek elsewhere for that repose and peace which a custom-house can never afford.”

At this pathetic description of the decease of Mr. Bardell, who had been knocked on the head with a quart-pot in a public-house cellar, the learned serjeant’s voice faltered, and he proceeded with emotion:

“Some time before his death, he had stamped his likeness upon a little boy. With this little boy, the only pledge of her departed exciseman, Mrs. Bardell shrunk from the world, and courted the retirement and tranquillity of Goswell Street; and here she placed in her front parlour window a written placard, bearing this inscription – ‘Apartments furnished for a single gentleman. Inquire within.’” Here Serjeant Buzfuz paused, while several gentlemen of the jury took a note of the document.

“There is no date to that, is there, sir?” inquired a juror.

“There is no date, gentlemen,” replied Serjeant Buzfuz: “but I am instructed to say that it was put in the plaintiff’s parlour-window just this time three years. I entreat the attention of the jury to the wording of this document. ‘Apartments furnished for a single gentleman’! Mrs. Bardell’s opinions of the opposite sex, gentlemen, were derived from a long contemplation of the inestimable qualities of her lost husband. She had no fear, she had no distrust, she had no suspicion, all was confidence and reliance. ‘Mr. Bardell,’ said the widow; ‘Mr. Bardell was a man of honour, Mr. Bardell was a man of his word, Mr. Bardell was no deceiver, Mr. Bardell was once a single gentleman himself; to single gentlemen I look for protection, for assistance, for comfort, and for consolation; in single gentlemen I shall perpetually see something to remind me of what Mr. Bardell was, when he first won my young and untried affections; to a single gentleman, then, shall my lodgings be let.’ Actuated by this beautiful and touching impulse (among the best impulses of our imperfect nature, gentlemen), the lonely and desolate widow dried her tears, furnished the first floor, caught the innocent boy to her maternal bosom, and put the bill up in her parlour-window. Did it remain there long? No. The serpent was on the watch, the train was laid, the mine was preparing, the sapper and miner was at work. Before the bill had been in the parlour-window three days – three days – gentlemen – a Being erect upon two legs, and bearing all the outward semblance of a man, and not of a monster, knocked at the door of Mrs. Bardell’s house. He inquired within; he took the lodgings; and on the very next day he entered into possession of them. This man was Pickwick – Pickwick, the defendant.”

Serjeant Buzfuz, who had proceeded with such volubility that his face was perfectly crimson, here paused for breath. The silence awoke Mr. Justice Stareleigh, who immediately wrote down something with a pen, without any ink in it, and looked unusually profound, to impress the jury with the belief that he always thought most deeply with his eyes shut. Serjeant Buzfuz proceeded: