Other gentlemen, who had no briefs to show, carried under their arms goodly octavos, with a red label behind, and that under-done-pie-crust-coloured cover, which is technically known as “law calf.” Others, who had neither briefs nor books, thrust their hands into their pockets, and looked as wise as they conveniently could; while others, again, moved here and there with great restlessness and earnestness of manner, content to awaken thereby the admiration and astonishment of the uninitiated stranger. The whole, to the great wonderment of Mr. Pickwick, were divided into little groups, who were chatting and discussing the news of the day in the most unfeeling manner possible—just as if no trial at all were coming on.
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 just 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.
On reaching the Court, Perker said, “put Mr. Pickwick’s friends in the students’ box. Mr. Pickwick had better sit by me.” This useful provision for the instruction of legal probationers has fallen into desuetude—no place is reserved for the students now-a-days. Lord Campbell describes the custom and recalls an incident that occurred when he was sitting in the students’ box, close to the Bench.
There were some matters of procedure which have since been changed—such as Mr. Skimpin “calling for” Winkle, and the latter answering. This is now done by an Officer of the Court. Skimpin also asks Winkle his name, as a first question, though he had been sworn and had given it. And the mal-entendu as to “Daniel Nathaniel” could not then have occurred, as the Officer would have obtained the name correctly. Another unusual
thing was that Buzfuz, after his long and rather exhausting speech, should have examined the first witness. Now-a-days the junior would do this. We may note that at this time it was always “my Lord,” and “your Lordship,” with the full natural sound—we had not yet got to the clipped “M’lud,’” and “your Ludship.” Perhaps this form was actually used by the Counsel but was not noticed by Boz, or seemed to him the right thing. The King’s Counsel were behind and could stoop down to consult their solicitors.
This minute observation and particularity of Boz is further shown in his noting the very places where the Attorneys sat, and which he describes. They had the seats next the table:
“You are quite right,” said Buzfuz later on, answering the whisper of Dodson and Fogg, after Sam’s awkward revelation. How often have we seen these hasty communications, which are not without their dramatic effect.
THE JUDGE.
Mr. Pickwick, unfortunate in his Counsel, his Solicitor, his Jury—one of prejudiced tradesmen—was also to be unlucky in the Judge who tried his case. No doubt Perker had comforted him: “no matter how it goes, however unfair Buzfuz may be, we have a judge to hold the scales fair and keep the jury straight. The Lord Chief Justice of the Common Pleas, the Right Hon. Sir Nicholas Conyngham Tindal is a man of immense reputation at the Bar. We are most fortunate in having him.” Judge then of the disappointment when on coming to court it was found that Sir Stephen Gaselee was to take the case “owing to the absence of the Chief Justice, occasioned by indisposition.” (I protest that at times one does not know whether we are following out a course of real events, or tracing the incidents of a fiction, so wonderfully does Boz make his fiction blend with reality.) This was a serious blow. Tindal was an admirable judge. Did not his chroniclers write of him: “His sagacity, impartiality and plain sense, his industry and clear sightedness made him an admiration of non-professional spectators: while among lawyers he was very highly esteemed for his invariable kindness to all who appeared before him. He retained to the last their respect and affection.” With such a man presiding Sergeant Buzfuz’s eccentric violence and abuse of the defendant would have been restrained (“having the outward appearance of a man and not of a monster.”) Mr. Skimpin’s gross insinuations, to wit, that Winkle
was “telegraphing” to his friend, would have been summarily put down, and all “bullying” checked; more, he would have calmly kept Counsel’s attention to the issue. This perfect impartiality would have made him show to the Jury how little evidence there was to support the plaintiff’s case. Instead came this unlucky indisposition: and his place was taken by “my Brother Gaselee:” with what results Mr. Pickwick was to learn disastrously.
It is curious, however, that the Chief Justice, in spite of his indisposition, should still be associated with the case; for he had tried the momentous case of Norton v. Melbourne, and had heard there letters read, which were parodied in the “chops and tomato sauce” correspondence, so Boz had him well before him. The case had to be tried at the Guildhall Sessions; so a fair and rational judge would have spoilt all sport. Further, as Boz had seen the fairness and dignity of the Chief Justice he was naturally reluctant to exhibit him unfavorably. The only thing was to make the Chief Justice become suddenly “indisposed,” and have his place taken by a grotesque judge.