Humorous stories; Legal stories; London (England) -- Fiction; Trials (Breach of promise) -- Fiction
The little epitome given of Snubbin's speech shows how weak were his
topics, and that he, in fact, considered that there was no defence.
Serjeant Snubbin then addressed the jury on behalf of the defendant;
and a very long and a very emphatic address he delivered, in which he
bestowed the highest possible eulogiums on the conduct and character
of Mr. Pickwick. He attempted to show that the letters which had
been exhibited, merely related to Mr. Pickwick's dinner, or to the
preparations for receiving him in his apartments on his return from
some country excursion. It is sufficient to add in general terms,
that he did the best he could for Mr. Pickwick; and the best, as
everybody knows on the infallible authority of the old adage, could
do no more.
This was no more than speaking "in mitigation of damages."
Mr. Phunky made no speech, which was just as well, as he might have but
damaged the case, as no witnesses had been called on his side. For the
same reason, the Court had not the pleasure of hearing Skimpin, who would
no doubt have "torn the Defendant's case to tatters."
CHARGE AND VERDICT.
The regular formula is this. The judge begins to read his notes, and
makes "running comments" as he goes along. "We have first, gentlemen,
the statement of Mrs. Cluppins, she tells you, &c. Of course she comes
as the friend of the Plaintiff, and naturally takes a favourable view of
her case. If you are satisfied with her statement, it is for you,
gentlemen, to consider what value you will attach to it. Then we come to
the question of damages. This is entirely a matter for you. You must
take into account the position in life of the Defendant, and what the
Plaintiff has lost by his default. On the other hand they must be
reasonable in amount. If you believe the promise has been clearly
established, you should give substantial though not excessive damages, on
a scale sufficient to repay the Plaintiff for the wrong. On the other
hand--should it seem to you doubtful whether the promise had been
made--you will give the Defendant the benefit of the doubt. These are
questions entirely for you--not for me. On the whole case, you will ask
yourselves, whether a promise such as would satisfy reasonable men, has
been supported by sufficient evidence. If so, Plaintiff is entitled to
damages--on the other hand, if this is not proved to your satisfaction,
you will find for the Defendant."
Public-domain text, read in full here on John Shaqi.
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