Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
Mrs. Sanders was clearly one of the same class as Mrs. Cluppins, and
chiefly deposed to the general impression in the neighbourhood that Mr.
Pickwick had "offered" for Mrs. Bardell. Tupman, Snodgrass and Sam were
also examined. Being friends of the defendant, they were from the outset
assumed to be "hostile" and treated accordingly. It may be doubted,
however, whether it is permissible to treat "your own witnesses" in this
rough fashion, until at least they have shown some overt signs of their
hostility, either by reserve, or an obvious determination to let as
little as possible be extracted from them. In such case, it is usual to
apply to the court for its sanction to deal with them by the severity of
cross examination.
When Sam entered the witness box, the Serjeant addressed him: "I believe
you are in the service of Mr. Pickwick, the Defendant in this case.
_Speak up_, _if you please_, _Mr. Weller_." Sam had not had time to say
anything, so the admonition might seem superfluous. But this is a
well-known device. Sam had been "briefed" to the Serjeant as a rather
dangerous witness--somewhat too wide awake. It was necessary therefore
to be short and summary with him. He thus conveyed to the jury that this
Sam was one whom he could address in this curt way, and who by his low,
uncertain accents might try to hide the truth. Sam, however,
disconcerted the plan by his prompt, ready answer, "I _mean_ to speak up,
sir." Sam, as we know, clearly brought out the Dodson and Fogg's
damaging assurance to Mrs. Bardell, that no costs should be charged to
her personally.
When the Plaintiff's case was closed, things did not look particularly
bright for Mr. Pickwick. It had been shown on the evidence of his own
friends that he had been surprised with his landlady in his arms; (2)
That he had been corresponding with her on most familiar terms--at least
Serjeant Buzfuz had made it appear so; (3) Language that _almost_
amounted to a proposal had been overheard; (4) And finally, it had been
revealed that the Defendant had been "caught" in a lady's bedroom, at an
Inn, at midnight! To answer which a "strong" case was absolutely
essential. This, we grieve to say, was not forthcoming.
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.
Public-domain text, read in full here on John Shaqi.
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