Hodge and His Masters

by Richard Jefferies

In front, and below the Judge's desk, just outside the red curtain, is a long and broad table, at which the High Bailiff sits facing the hall. By his side the Registrar's clerk from time to time makes notes in a ponderous volume which contains a minute and exact record of every claim. Opposite, and at each end, the lawyers have their chairs and strew the table with their papers.

As a rule a higher class of lawyers appear in the County Court than before the Petty Sessional Bench. A local solicitor of ability no sooner gets a 'conveyancing' practice than he finds his time too valuable to be spent arguing in cases of assault or petty larceny. He ceases to attend the Petty Sessions, unless his private clients are interested or some exceptional circumstances induce him. In the County Court cases often arise which concern property, houses and lands, and the fulfilment of contracts. Some of the very best lawyers of the district may consequently be seen at that table, and frequently a barrister or two of standing specially retained is among them.

A low wooden partition, crossing the entire width of the hall, separates the 'bar' from the general public, Plaintiff and Defendant being admitted through a gangway. As the hall is not carpeted, nor covered with any material, a new-comer must walk on tip-toe to avoid raising the echo of hollow boards, or run the risk of a reproof from the Judge, anxiously endeavouring to catch the accents of a mumbling witness. Groups of people stand near the windows whispering, and occasionally forgetting, in the eagerness of the argument, that talking is prohibited. The room is already full, but will be crowded when the 'horse case' comes on again. Nothing is of so much interest as a 'horse case.' The issues raised concern almost every countryman, and the parties are generally well known. All the idlers of the town are here, and among them many a rascal who has been, through the processes, and comes again to listen and possibly learn a dodge by which to delay the execution of judgment. Some few of the more favoured and respectable persons have obtained entrance to the space allotted to the solicitors, and have planted themselves in a solid circle round the fire, effectually preventing the heat from benefiting anyone else. Another fire, carefully tended by a bailiff, burns in the grate behind the Judge, but, as his seat is so far from it, without adding much to his comfort. A chilly draught sweeps along the floor, and yet at the same time there is a close and somewhat fetid atmosphere at the height at which men breathe. The place is ill warmed and worse ventilated; altogether without convenience, and comfortless.

To-day the Judge, to suit the convenience of the solicitors engaged in the 'horse case,' who have requested permission to consult in private, has asked for a short defended cause to fill up the interval till they are ready to resume. The High Bailiff calls 'Brown v. Jones,' claim 8s. for goods supplied. No one at first answers, but after several calls a woman in the body of the Court comes forward. She is partly deaf, and until nudged by her neighbours did not hear her husband's name. The Plaintiff is a small village dealer in tobacco, snuff, coarse groceries, candles, and so on. His wife looks after the little shop and he works with horse and cart, hauling and doing odd jobs for the farmers. Instead of attending himself he has sent his wife to conduct the case. The Defendant is a labourer living in the same village, who, like so many of his class, has got into debt. He, too, has sent his wife to represent him. This is the usual course of the cottagers, and of agricultural people who are better off than cottagers. The men shirk out of difficulties of this kind by going off in the morning early to their work with the parting remark, 'Aw, you'd better see about it; I don't knaw nothing about such jobs.'

The High Bailiff has no easy task to swear the Plaintiff's representative. First, she takes the book and kisses it before the formula prescribed has been repeated. Then she waits till the sentence is finished and lifts the book with the left hand instead of the right. The Registrar's clerk has to go across to the box and shout an explanation into her ear. 'Tell the truth,' says the old lady, with alacrity; 'why, that's what I be come for.' The Judge asks her what it is she claims, and she replies that that man, the Registrar's clerk, has got it all written down in his book. She then turns to the Defendant's wife, who stands in the box opposite, and shouts to her, 'You knows you ain't paid it.'

It is in vain that the Judge endeavours to question her, in vain that the High Bailiff tries to calm her, in vain that the clerk lays his hand on her arm—she is bent on telling the Defendant a bit of her mind. The Court is perforce compelled to wait till it is over, when the Judge, seeing that talking is of no avail, goes at once to the root of the matter and asks to see her books. A dirty account-book, such as may be purchased for threepence, is handed up to him; the binding is broken, and some of the leaves are loose. It is neither a day-book, a ledger, nor anything else—there is no system whatever, and indeed the Plaintiff admits that she only put down about half of it, and trusted to memory for the rest. Here is a date, and after it some figures, but no articles mentioned, neither tea nor candles. Next come some groceries, and the price, but no one's name, so that it is impossible to tell who had the goods. Then there are pages with mysterious dots and strokes and half-strokes, which ultimately turn out to mean ounces and half-ounces of tobacco. These have neither name nor value attached. From end to end nothing is crossed off, so that whether an account be paid or not cannot be ascertained.

While the Judge laboriously examines every page, trying by the light of former experience to arrive at some idea of the meaning, the Defendant's wife takes up her parable. She chatters in return at the Plaintiff, then she addresses the High Bailiff, who orders her to remain quiet, and, finally, turns round and speaks to the crowd. The Judge, absorbed in the attempt to master the account-book, does not for the moment notice this, till, as he comes to the conclusion that the book is utterly valueless, he looks up and finds the Defendant with her back turned gesticulating and describing her wrongs to the audience. Even his command of silence is with reluctance obeyed, and she continues to mutter to herself. When order is restored the Judge asks for her defence, when the woman immediately produces a receipt, purporting to be for this very eight shillings' worth. At the sight of this torn and dirty piece of paper the Plaintiff works herself into a fury, and speaks so fast and so loud (as deaf people will) that no one else can be heard. Till she is made to understand that she will be sent out of Court she does not desist. The Judge looks at the receipt, and finds it correct; but still the Plaintiff positively declares that she has never had the money. Yet she admits that the receipt is in her handwriting. The Judge asks the Defendant who paid over the cash, and she replies that it was her husband. The account-book contains no memorandum of any payment at all. With difficulty the Judge again obtains silence, and once more endeavours to understand a page of the account-book to which the Plaintiff persists in pointing. His idea is now to identify the various articles mentioned in the receipt with the articles put down on that particular page.

After at least three-quarters of an hour, during which the book is handed to and fro by the clerk from Judge to Plaintiff, that she may explain the meaning of the hieroglyphics, some light at last begins to dawn. By dint of patiently separating the mixed entries the Judge presently arrives at a partial comprehension of what the Plaintiff has been trying to convey. The amount of the receipted bill and the amount of the entries in the page of the account-book are the same; but the articles entered in the book and those admitted to be paid for are not. The receipt mentions candles; the account-book has no candles. Clearly they are two different debts, which chanced to come to the same figure. The receipt, however, is not dated, and whether it is the Defendant who is wilfully misrepresenting, or whether the Plaintiff is under a mistaken notion, the Judge for the time cannot decide. The Defendant declares that she does not know the date and cannot fix it—it was a 'main bit ago,' and that is all she can say.

For the third time the Judge, patient to the last degree, wades through the account-book. Meanwhile the hands of the clock have moved on. Instead of being a short case, this apparently simple matter has proved a long one, and already as the afternoon advances the light of the dull winter's day declines. The solicitors engaged in the 'horse case,' who retired to consult, hoping to come to a settlement, returned into Court fully an hour ago, and have since been sitting at the table waiting to resume. Besides these some four or five other lawyers of equal standing are anxiously looking for a chance of commencing their business. All their clients are waiting, and the witnesses; they have all crowded into the Court, the close atmosphere of which is almost intolerable.

But having begun the case the Judge gives it his full and undivided attention. Solicitors, clients, witnesses, cases that interest the public, causes that concern valuable property, or important contracts must all be put aside till this trifling matter is settled. He is as anxious as any, or more so, to get on, because delay causes business to accumulate—the adjourned causes, of course, having to be heard at next Court, and thus swelling the list to an inordinate length. But, impatient as he may be, especially as he is convinced that one or other of the parties is keeping back a part of the truth, he is determined that the subject shall be searched to the bottom. The petty village shopkeeper and the humble cottager obtain as full or fuller attention than the well-to-do Plaintiffs and Defendants who can bring down barristers from London.