evidence had been furnished either of a promise, or a breach. The full court would no doubt have granted the motion, and this would have led to Mr. Pickwick’s release, for the astute Dodson and Fogg must have recognised their poor chances, and perhaps have required “security for costs,” which their client could not have given. However, the idea did not occur to anybody.
Since the law was changed both plaintiff and defendant may be examined in such cases as these. What a different complexion this would have put on the suit. The whole case would have tumbled to pieces like a pack of cards. For Mr. Pickwick “put into the box” would have clearly shown that all that had been thus misconstrued, was his proposal for engaging a valet, which was to have been that very morning. He would have related the words of the dialogue, and the Jury would have seen at once how the mistake arose. On the other hand, he would have been exposed to a severe rating cross examination by the learned Serjeant—fortified by Winkle’s most damaging slip about the White Horse incident—who would have forced out of him all the incidents. We can almost hear the Serjeant subject the Defendant to the torture.
“This fellow of yours, Sir, was he recommended to you by a friend?”
“No—not at all.”
“By a Registry Office?”
“Certainly not—nothing of the kind.”
“Nothing of the kind? I suppose too low a class of place for you, eh? Come Sir!”
“I never said such a thing.”
“Nor thought it, I suppose? Come, Sir, no beating about the bush. In plain terms, did you get him from a low Public House in the Boro’?”
Mr. Pickwick started up.