The Pickwick Papers

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 his 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 not 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,’ replied 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 emotion.

‘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 £1,500. 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 shrank 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?’ 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 her first floor, caught her 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 —

‘Of this man Pickwick I will say little; the subject presents but few attractions; and I, gentlemen, am not the man, nor are you, gentlemen, the men, to delight in the contemplation of revolting heartlessness, and of systematic villainy.’

Here Mr. Pickwick, who had been writhing in silence for some time, gave a violent start, as if some vague idea of assaulting Serjeant Buzfuz, in the august presence of justice and law, suggested itself to his mind. An admonitory gesture from Perker restrained him, and he listened to the learned gentleman’s continuation with a look of indignation, which contrasted forcibly with the admiring faces of Mrs. Cluppins and Mrs. Sanders.

‘I say systematic villainy, gentlemen,’ said Serjeant Buzfuz, looking through Mr. Pickwick, and talking at him; ‘and when I say systematic villainy, let me tell the defendant Pickwick, if he be in court, as I am informed he is, that it would have been more decent in him, more becoming, in better judgment, and in better taste, if he had stopped away. Let me tell him, gentlemen, that any gestures of dissent or disapprobation in which he may indulge in this court will not go down with you; that you will know how to value and how to appreciate them; and let me tell him further, as my Lord will tell you, gentlemen, that a counsel, in the discharge of his duty to his client, is neither to be intimidated nor bullied, nor put down; and that any attempt to do either the one or the other, or the first, or the last, will recoil on the head of the attempter, be he plaintiff or be he defendant, be his name Pickwick, or Noakes, or Stoakes, or Stiles, or Brown, or Thompson.’

This little divergence from the subject in hand, had, of course, the intended effect of turning all eyes to Mr. Pickwick. Serjeant Buzfuz, having partially recovered from the state of moral elevation into which he had lashed himself, resumed —

‘I shall show you, gentlemen, that for two years, Pickwick continued to reside constantly, and without interruption or intermission, at Mrs. Bardell’s house. I shall show you that Mrs. Bardell, during the whole of that time, waited on him, attended to his comforts, cooked his meals, looked out his linen for the washerwoman when it went abroad, darned, aired, and prepared it for wear, when it came home, and, in short, enjoyed his fullest trust and confidence. I shall show you that, on many occasions, he gave halfpence, and on some occasions even sixpences, to her little boy; and I shall prove to you, by a witness whose testimony it will be impossible for my learned friend to weaken or controvert, that on one occasion he patted the boy on the head, and, after inquiring whether he had won any “alley tors” or “commoneys” lately (both of which I understand to be a particular species of marbles much prized by the youth of this town), made use of this remarkable expression, “How should you like to have another father?” I shall prove to you, gentlemen, that about a year ago, Pickwick suddenly began to absent himself from home, during long intervals, as if with the intention of gradually breaking off from my client; but I shall show you also, that his resolution was not at that time sufficiently strong, or that his better feelings conquered, if better feelings he has, or that the charms and accomplishments of my client prevailed against his unmanly intentions, by proving to you, that on one occasion, when he returned from the country, he distinctly and in terms, offered her marriage: previously, however, taking special care that there would be no witness to their solemn contract; and I am in a situation to prove to you, on the testimony of three of his own friends – most unwilling witnesses, gentlemen – most unwilling witnesses – that on that morning he was discovered by them holding the plaintiff in his arms, and soothing her agitation by his caresses and endearments.’

A visible impression was produced upon the auditors by this part of the learned Serjeant’s address. Drawing forth two very small scraps of paper, he proceeded —

‘And now, gentlemen, but one word more. Two letters have passed between these parties, letters which are admitted to be in the handwriting of the defendant, and which speak volumes, indeed. The letters, too, bespeak the character of the man. They are not open, fervent, eloquent epistles, breathing nothing but the language of affectionate attachment. They are covert, sly, underhanded communications, but, fortunately, far more conclusive than if couched in the most glowing language and the most poetic imagery – letters that must be viewed with a cautious and suspicious eye – letters that were evidently intended at the time, by Pickwick, to mislead and delude any third parties into whose hands they might fall. Let me read the first: “Garraways, twelve o’clock. Dear Mrs. B. – Chops and tomato sauce. Yours, Pickwick.” Gentlemen, what does this mean? Chops and tomato sauce. Yours, Pickwick! Chops! Gracious heavens! and tomato sauce! Gentlemen, is the happiness of a sensitive and confiding female to be trifled away, by such shallow artifices as these? The next has no date whatever, which is in itself suspicious. “Dear Mrs. B., I shall not be at home till to-morrow. Slow coach.” And then follows this very remarkable expression. “Don’t trouble yourself about the warming-pan.” The warming-pan! Why, gentlemen, who does trouble himself about a warming-pan? When was the peace of mind of man or woman broken or disturbed by a warming-pan, which is in itself a harmless, a useful, and I will add, gentlemen, a comforting article of domestic furniture? Why is Mrs. Bardell so earnestly entreated not to agitate herself about this warming-pan, unless (as is no doubt the case) it is a mere cover for hidden fire – a mere substitute for some endearing word or promise, agreeably to a preconcerted system of correspondence, artfully contrived by Pickwick with a view to his contemplated desertion, and which I am not in a condition to explain? And what does this allusion to the slow coach mean? For aught I know, it may be a reference to Pickwick himself, who has most unquestionably been a criminally slow coach during the whole of this transaction, but whose speed will now be very unexpectedly accelerated, and whose wheels, gentlemen, as he will find to his cost, will very soon be greased by you!’

Mr. Serjeant Buzfuz paused in this place, to see whether the jury smiled at his joke; but as nobody took it but the greengrocer, whose sensitiveness on the subject was very probably occasioned by his having subjected a chaise-cart to the process in question on that identical morning, the learned Serjeant considered it advisable to undergo a slight relapse into the dismals before he concluded.

‘But enough of this, gentlemen,’ said Mr. Serjeant Buzfuz, ‘it is difficult to smile with an aching heart; it is ill jesting when our deepest sympathies are awakened. My client’s hopes and prospects are ruined, and it is no figure of speech to say that her occupation is gone indeed. The bill is down – but there is no tenant. Eligible single gentlemen pass and repass – but there is no invitation for to inquire within or without. All is gloom and silence in the house; even the voice of the child is hushed; his infant sports are disregarded when his mother weeps; his “alley tors” and his “commoneys” are alike neglected; he forgets the long familiar cry of “knuckle down,” and at tip-cheese, or odd and even, his hand is out. But Pickwick, gentlemen, Pickwick, the ruthless destroyer of this domestic oasis in the desert of Goswell Street – Pickwick who has choked up the well, and thrown ashes on the sward – Pickwick, who comes before you to-day with his heartless tomato sauce and warming-pans – Pickwick still rears his head with unblushing effrontery, and gazes without a sigh on the ruin he has made. Damages, gentlemen – heavy damages is the only punishment with which you can visit him; the only recompense you can award to my client. And for those damages she now appeals to an enlightened, a high-minded, a right-feeling, a conscientious, a dispassionate, a sympathising, a contemplative jury of her civilised countrymen.’ With this beautiful peroration, Mr. Serjeant Buzfuz sat down, and Mr. Justice Stareleigh woke up.

‘Call Elizabeth Cluppins,’ said Serjeant Buzfuz, rising a minute afterwards, with renewed vigour.

The nearest usher called for Elizabeth Tuppins; another one, at a little distance off, demanded Elizabeth Jupkins; and a third rushed in a breathless state into King Street, and screamed for Elizabeth Muffins till he was hoarse.

Meanwhile Mrs. Cluppins, with the combined assistance of Mrs. Bardell, Mrs. Sanders, Mr. Dodson, and Mr. Fogg, was hoisted into the witness-box; and when she was safely perched on the top step, Mrs. Bardell stood on the bottom one, with the pocket-handkerchief and pattens in one hand, and a glass bottle that might hold about a quarter of a pint of smelling-salts in the other, ready for any emergency. Mrs. Sanders, whose eyes were intently fixed on the judge’s face, planted herself close by, with the large umbrella, keeping her right thumb pressed on the spring with an earnest countenance, as if she were fully prepared to put it up at a moment’s notice.

‘Mrs. Cluppins,’ said Serjeant Buzfuz, ‘pray compose yourself, ma’am.’ Of course, directly Mrs. Cluppins was desired to compose herself, she sobbed with increased vehemence, and gave divers alarming manifestations of an approaching fainting fit, or, as she afterwards said, of her feelings being too many for her.

‘Do you recollect, Mrs. Cluppins,’ said Serjeant Buzfuz, after a few unimportant questions – ‘do you recollect being in Mrs. Bardell’s back one pair of stairs, on one particular morning in July last, when she was dusting Pickwick’s apartment?’

‘Yes, my Lord and jury, I do,’ replied Mrs. Cluppins.

‘Mr. Pickwick’s sitting-room was the first-floor front, I believe?’

‘Yes, it were, Sir,’ replied Mrs. Cluppins.

‘What were you doing in the back room, ma’am?’ inquired the little judge.

‘My Lord and jury,’ said Mrs. Cluppins, with interesting agitation, ‘I will not deceive you.’

‘You had better not, ma’am,’ said the little judge.

‘I was there,’ resumed Mrs. Cluppins, ‘unbeknown to Mrs. Bardell; I had been out with a little basket, gentlemen, to buy three pound of red kidney pertaties, which was three pound tuppence ha’penny, when I see Mrs. Bardell’s street door on the jar.’

‘On the what?’ exclaimed the little judge.

‘Partly open, my Lord,’ said Serjeant Snubbin.

‘She said on the jar,’ said the little judge, with a cunning look.

‘It’s all the same, my Lord,’ said Serjeant Snubbin. The little judge looked doubtful, and said he’d make a note of it. Mrs. Cluppins then resumed —

‘I walked in, gentlemen, just to say good-mornin’, and went, in a permiscuous manner, upstairs, and into the back room. Gentlemen, there was the sound of voices in the front room, and – ’

‘And you listened, I believe, Mrs. Cluppins?’ said Serjeant Buzfuz.

‘Beggin’ your pardon, Sir,’ replied Mrs. Cluppins, in a majestic manner, ‘I would scorn the haction. The voices was very loud, Sir, and forced themselves upon my ear.’