Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
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.
Public-domain text, read in full here on John Shaqi.
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