THE DEFENDANT’S CASE.
When we listen to the defence set up for Mr. Pickwick we have to lament that that worthy gentleman was not better served by his legal advisers.
On the other side the shrewd Dodson and Fogg had done admirably for their client. They were sharp clever attornies, having a thundering, overpowering leader, and a smart, exceedingly smart junior, one of those “wide-awake” brisk fellows who really conduct the case, and will “take silk” in a few years. This gentleman could cross-examine in capital style and address the jury in a language of his own, by glances, shrugs, and remarks addressed to a witness, but intended for the jury, as they knew perfectly well. His style, bearing, and speeches form an admirable epitome of the arts and devices of a smart counsel. There are “common” forms and Skimpin had them at his fingers’ ends. As we listen, we feel how admirably directed they were to work on the jury.
Perker’s plan of campaign as announced to Mr. Pickwick, was a poor one enough, and showed how desperate he thought the case was. “We have only one (course) to adopt, my dear sir,” he said, “cross-examine the witnesses: trust to Snubbin’s eloquence, throw dust in the eyes of the judge, and ourselves on the jury.” Brave words, but nothing of the programme was carried out. The cross-examination of the witnesses was but tamely attempted. Snubbin’s eloquence was not displayed beyond mildly praising his client’s good character. As for “throwing dust in the eyes of judge,” we
have seen Mr. Justice Stareleigh was much too wide awake for that; while the throwing themselves on the jury was disastrous. There were several other lines of defence which a more up-to-date solicitor would not have overlooked. A less scrupulous man would have made searching enquiries into Mrs. Bardell’s history and character; but his client, perhaps, would not have sanctioned this course.
Perker is even absurd enough to talk of a casa, as though it were some Italian word.
A ca sa was short for a writ of Capias ad Satisfaciendum, which gave a warrant to the officers to seize the goods. There were various kinds of this machinery, but what affected Mr. Pickwick was a Capias ad Satisfaciendum, to enforce attendance at the Court. The ca sa also came after judgment, giving authority to imprison the defendant till the claim was satisfied.
The appearance of such great guns as the two Serjeants is accounted for by a curious rule that Serjeants only were permitted to lead in cases read in the Court of Common Pleas. [84] This strange monopoly recalls that other one, in the Court of Arches, where the advocates and judges used to exchange places and decide on cases in which perhaps they had been advocates. These illiberal and unaccountable restrictions have been swept away, with the Courts themselves.
Very unusual indeed at this time was the appearance of a lawyer of Serjeant Snubbin’s class in court, and there is a well-known story how, when Charles Butler made his appearance on a special occasion, all the Bar crowded in to hear him, and he had, I think, to get a gown for the occasion.
One is sorry to think that there are no Serjeants now,