As Perker spoke, Mrs. Bardell began to recover by slow degrees, while Mrs. Cluppins, after a careful survey of Master Bardell's buttons and the button-holes to which they severally belonged, placed him on the floor of the court in front of his mother — a commanding position in which he could not fail to awaken the full commiseration and sympathy of both judge and jury. This was not done without considerable opposition, and many tears, on the part of the young gentleman himself, who had certain inward misgivings that the placing him within the full glare of the judge's eye was only a formal prelude to his being immediately ordered away for instant execution, or for transportation beyond the seas, during the whole term of his natural life, at the very least.
'Bardell and Pickwick,' cried the gentleman in black, calling on the case, which stood first on the list.
'I am for the plaintiff, my Lord,' said Mr. Serjeant Buzfuz.
'Who is with you, Brother Buzfuz?' said the judge. Mr. Skimpin bowed, to intimate that he was.
'I appear for the defendant, my Lord,' said Mr. Serjeant Snubbin.
'Anybody with you, Brother Snubbin?' inquired the court.
'Mr. Phunky, my Lord,' replied Serjeant Snubbin.
'Serjeant Buzfuz and Mr. Skimpin for the plaintiff,' said the judge, writing down the names in his note-book, and reading as he wrote; 'for the defendant, Serjeant Snubbin and Mr. Monkey.'
'Beg your Lordship's pardon, Phunky.'
'Oh, very good,' said the judge; 'I never had the pleasure of hearing the gentleman's name before.' Here Mr. Phunky bowed and smiled, and the judge bowed and smiled too, and then Mr. Phunky, blushing into the very whites of his eyes, tried to look as if he didn't know that everybody was gazing at him, a thing which no man ever succeeded in doing yet, or in all reasonable probability, ever will.
'Go on,' said the judge.
The ushers again called silence, and Mr. Skimpin proceeded to 'open the case'; and the case appeared to have very little inside it when he had opened it, for he kept such particulars as he knew, completely to himself, and sat down, after a lapse of three minutes, leaving the jury in precisely the same advanced stage of wisdom as they were in before.
Serjeant Buzfuz then rose with all the majesty and dignity which the grave nature of the proceedings demanded, and having whispered to Dodson, and conferred briefly with Fogg, pulled his gown over his shoulders, settled his wig, and addressed the jury.
Serjeant Buzfuz began by saying, that never, in the whole course of his professional experience — never, from the very first moment of his applying himself to the study and practice of the law — had he approached a case with feelings of such deep emotion, or with such a heavy sense of the responsibility imposed upon him — a responsibility, he would say, which he could never have supported, were he not buoyed up and sustained by a conviction so strong, that it amounted to positive certainty that the cause of truth and justice, or, in other words, the cause of his much-injured and most oppressed client, must prevail with the high-minded and intelligent dozen of men whom he now saw in that box before him.
Counsel usually begin in this way, because it puts the jury on the very best terms with themselves, and makes them think what sharp fellows they must be. A visible effect was produced immediately, several jurymen beginning to take voluminous notes with the utmost eagerness.
'You have heard from my learned friend, gentlemen,' continued Serjeant Buzfuz, well knowing that, from the learned friend alluded to, the gentlemen of the jury had heard just nothing at all — 'you have heard from my learned friend, gentlemen, that this is an action for a breach of promise of marriage, in which the damages are laid at #1,500. But you have not heard from my learned friend, inasmuch as it did not come within my learned friend's province to tell you, what are the facts and circumstances of the case. Those facts and circumstances, gentlemen, you shall hear detailed by me, and proved by the unimpeachable female whom I will place in that box before you.'
Here, Mr. Serjeant Buzfuz, with a tremendous emphasis on the word 'box,' smote his table with a mighty sound, and glanced at Dodson and Fogg, who nodded admiration of the Serjeant, and indignant defiance of the defendant.
'The plaintiff, gentlemen,' continued Serjeant Buzfuz, in a soft and melancholy voice, 'the plaintiff is a widow; yes, gentlemen, a widow. The late Mr. Bardell, after enjoying, for many years, the esteem and confidence of his sovereign, as one of the guardians of his royal revenues, glided almost imperceptibly from the world, to seek elsewhere for that repose and peace which a custom-house can never afford.' At this pathetic description of the decease of Mr. Bardell, who had been knocked on the head with a quart-pot in a public-house cellar, the learned serjeant's voice faltered, and he proceeded, with emotion —
'Some time before his death, he had stamped his likeness upon a little boy. With this little boy, the only pledge of her departed exciseman, Mrs. Bardell shrank from the world, and courted the retirement and tranquillity of Goswell Street; and here she placed in her front parlour window a written placard, bearing this inscription — "Apartments furnished for a single gentleman. Inquire within."' Here Serjeant Buzfuz paused, while several gentlemen of the jury took a note of the document.
'There is no date to that, is there?' inquired a juror. 'There is no date, gentlemen,' replied Serjeant Buzfuz; 'but I am instructed to say that it was put in the plaintiff's parlour window just this time three years. I entreat the attention of the jury to the wording of this document — "Apartments furnished for a single gentleman"! Mrs. Bardell's opinions of the opposite sex, gentlemen, were derived from a long contemplation of the inestimable qualities of her lost husband. She had no fear, she had no distrust, she had no suspicion; all was confidence and reliance. "Mr. Bardell," said the widow — "Mr. Bardell was a man of honour, Mr. Bardell was a man of his word, Mr. Bardell was no deceiver, Mr. Bardell was once a single gentleman himself; to single gentlemen I look for protection, for assistance, for comfort, and for consolation; in single gentlemen I shall perpetually see something to remind me of what Mr. Bardell was when he first won my young and untried affections; to a single gentleman, then, shall my lodgings be let." Actuated by this beautiful and touching impulse (among the best impulses of our imperfect nature, gentlemen), the lonely and desolate widow dried her tears, furnished her first floor, caught her innocent boy to her maternal bosom, and put the bill up in her parlour window. Did it remain there long? No. The serpent was on the watch, the train was laid, the mine was preparing, the sapper and miner was at work. Before the bill had been in the parlour window three days — three days, gentlemen — a being, erect upon two legs, and bearing all the outward semblance of a man, and not of a monster, knocked at the door of Mrs. Bardell's house. He inquired within — he took the lodgings; and on the very next day he entered into possession of them. This man was Pickwick — Pickwick, the defendant.'
Serjeant Buzfuz, who had proceeded with such volubility that his face was perfectly crimson, here paused for breath. The silence awoke Mr. Justice Stareleigh, who immediately wrote down something with a pen without any ink in it, and looked unusually profound, to impress the jury with the belief that he always thought most deeply with his eyes shut. Serjeant Buzfuz proceeded —
'Of this man Pickwick I will say little; the subject presents but few attractions; and I, gentlemen, am not the man, nor are you, gentlemen, the men, to delight in the contemplation of revolting heartlessness, and of systematic villainy.'
Here Mr. Pickwick, who had been writhing in silence for some time, gave a violent start, as if some vague idea of assaulting Serjeant Buzfuz, in the august presence of justice and law, suggested itself to his mind. An admonitory gesture from Perker restrained him, and he listened to the learned gentleman's continuation with a look of indignation, which contrasted forcibly with the admiring faces of Mrs. Cluppins and Mrs. Sanders.
'I say systematic villainy, gentlemen,' said Serjeant Buzfuz, looking through Mr. Pickwick, and talking AT him; 'and when I say systematic villainy, let me tell the defendant Pickwick, if he be in court, as I am informed he is, that it would have been more decent in him, more becoming, in better judgment, and in better taste, if he had stopped away. Let me tell him, gentlemen, that any gestures of dissent or disapprobation in which he may indulge in this court will not go down with you; that you will know how to value and how to appreciate them; and let me tell him further, as my Lord will tell you, gentlemen, that a counsel, in the discharge of his duty to his client, is neither to be intimidated nor bullied, nor put down; and that any attempt to do either the one or the other, or the first, or the last, will recoil on the head of the attempter, be he plaintiff or be he defendant, be his name Pickwick, or Noakes, or Stoakes, or Stiles, or Brown, or Thompson.'
This little divergence from the subject in hand, had, of course, the intended effect of turning all eyes to Mr. Pickwick. Serjeant Buzfuz, having partially recovered from the state of moral elevation into which he had lashed himself, resumed —
'I shall show you, gentlemen, that for two years, Pickwick continued to reside constantly, and without interruption or intermission, at Mrs. Bardell's house. I shall show you that Mrs. Bardell, during the whole of that time, waited on him, attended to his comforts, cooked his meals, looked out his linen for the washerwoman when it went abroad, darned, aired, and prepared it for wear, when it came home, and, in short, enjoyed his fullest trust and confidence. I shall show you that, on many occasions, he gave halfpence, and on some occasions even sixpences, to her little boy; and I shall prove to you, by a witness whose testimony it will be impossible for my learned friend to weaken or controvert, that on one occasion he patted the boy on the head, and, after inquiring whether he had won any "ALLEY TORS" or "COMMONEYS" lately (both of which I understand to be a particular species of marbles much prized by the youth of this town), made use of this remarkable expression, "How should you like to have another father?" I shall prove to you, gentlemen, that about a year ago, Pickwick suddenly began to absent himself from home, during long intervals, as if with the intention of gradually breaking off from my client; but I shall show you also, that his resolution was not at that time sufficiently strong, or that his better feelings conquered, if better feelings he has, or that the charms and accomplishments of my client prevailed against his unmanly intentions, by proving to you, that on one occasion, when he returned from the country, he distinctly and in terms, offered her marriage: previously, however, taking special care that there would be no witness to their solemn contract; and I am in a situation to prove to you, on the testimony of three of his own friends — most unwilling witnesses, gentlemen — most unwilling witnesses — that on that morning he was discovered by them holding the plaintiff in his arms, and soothing her agitation by his caresses and endearments.'