Skimpin may have been intended for Wilkin, a later Serjeant and well-known in the ’fifties, and whose style and manner is reproduced. We could not ask a better junior in a “touch and go” case. He was as ready to take advantage of any opening as was the late Lord Bowen, when he was junior in the Tichborne case.
On entering the Box, Mr. Winkle “bowed to the Judge,” with considerable deference, a politeness quite thrown away. “Don’t look at me sir,” said the Judge sharply, “look at the Jury.” This was ungracious, but judges generally don’t relish any advances from witnesses or others.
When poor Winkle was accused by the Judge of giving his name as Daniel, he was told that “he had better be careful:” on which the ready Skimpin: “Now, Mr. Winkle attend to me if you please: and let me
recommend you, for your own sake, to bear in mind his lordship’s injunction to be careful.” Thus by the agency of Judge and counsel witness was discredited at starting and of course flurried.
‘I believe you are a particular friend of Pickwick, the defendant, are you not?
Winkle, eager to retrieve himself by being “careful” began—
‘I have known Mr. Pickwick now as well as I recollect at this moment, nearly—’
‘Pray, Mr. Winkle, don’t evade the question. Are you, or are you not a particular friend of the defendant?’
‘I was just about to say that—’
‘Will you, or will you not answer my question, sir?’
‘If you don’t you’ll be committed, sir,’ interposed the little Judge.
‘Come, sir,’ said Mr. Skimpin, ‘yes or no, if you please.’
‘Yes, I am,’ replied Mr. Winkle.
‘Yes, you are. And why couldn’t you say that at once, sir?’
I think there is no more happy touch of legal satire in the books than that about “What the soldier said.” It is perfect, so complete, that it is always understood by unprofessional readers. The lawyer feels at once that it is as true as it is happy.
‘Little to do and plenty to get,’ said Serjeant Buzfuz to Sam.
‘O, quite enough to get, sir, as the soldier said ven they ordered him three hundred and fifty lashes.’
‘You must not tell us what the soldier or any other man said, sir; it’s not evidence,’ interposed the Judge.