The Judge who was to try the case, Mr. Justice Stareleigh, as is well known, was drawn from Sir Stephen Gaselee, of whose name Stareleigh is a sort of synonym. Serjeant Gaselee was once well known in the prosecutions directed against Radicals and so-called Reformers, but Pickwick has given him a greater reputation. The baiting he received from patriotic advocates may have inflamed his temper and made him irritable. He is described by one author, in a most humorous, if personal fashion. He 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 under the table, when 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.” All through he is shown as arrogant and incapable, and also as making some absurd mistakes.
It will be a surprise to most people to learn that this picture is no more than an amusing caricature, and that the judge was really a person of high character. He is described as “a very painstaking, upright judge, and, in his private capacity, a worthy and benevolent man.” Thus, Mr. Croker, who, however, supplies a sound reason for his being the subject of such satire. “With many admirable qualities both of head and heart, he had made himself a legitimate object of ridicule by his explosions on the Bench.” Under such conditions, the Bar, the suitors and the public had neither the wish nor the opportunity to search for extenuating excuses in his private life. They suffered enough from the “explosions” and that was all that concerned them. He had been fourteen years on the Bench, and, like Stareleigh, belonged to the Common Pleas. He was suffering too from infirmities, particularly from deafness, and appears to have misapprehended statements in the same grotesque fashion that he mistook Winkle’s name.
Boz’s fashion of burlesque, by the way, is happily shown in his treatment of this topic. Another would have been content with “Daniel,” the simple misapprehension. “Nathaniel, sir,” says Winkle. “Daniel—any other name?” “Nathaniel, sir—my lord, I mean.” “Nathaniel Daniel—or Daniel Nathaniel?” “No, my lord, only Nathaniel, not Daniel at all.”
“What did you tell me it was Daniel for, then, sir?”
“I didn’t, my lord.”
“You did, sir. How could I have got Nathaniel in my notes, unless you told me so, sir?”
How admirable is this. The sly satire goes deeper, as
Judges, under less gross conditions, have often made this illogical appeal to “my notes.”
Though not gifted with oratorical powers which were likely to gain him employment as a leader, Gaselee’s reputation for legal knowledge soon recommended him to a judge’s place. He was accordingly selected on July 1st, 1824, to fill a vacancy in the Court of Common Pleas. In that Court he sat for nearly fourteen years “with the character of a painstaking judge, and in his private capacity as a worthy and benevolent man.” Thus Mr. Foss, F.S.A.