Bardell v. Pickwick
characteristic feature of the slowness of legal process in those days that though the notice of action was sent on August the 28th, 1827, the case was not ripe for trial until February 14th of the next year—nearly six months having elapsed. It is difficult to speculate as to what this long delay was owing. There were only two witnesses whose evidence had to be briefed—Mrs. Cluppins and Mrs. Sanders—and they were at hand. It is odd, by the way, that they did not think of examining little Tommy Bardell, the only one who actually witnessed the proceeding. True, he was of tender years—about eight or ten—and the son of the Plaintiff, but he must have “known the nature of an oath.”

p. 26THE TRIAL.

p. 26

At last the momentous morning came round. It was the fourteenth of February, Valentine’s Day, 1828—one not of good omen for the Plaintiff. [26] The Defendant’s party was rather gloomy at breakfast, when Perker, by wave of encouraging his client, uttered some dicta as to the chances of the Jury having had a good breakfast “Discontented or hungry jurymen, my dear Sir, always find for the Plaintiff.” “Bless my heart,” said Mr. Pickwick, looking very blank, “What do they do that for!”

The party then got into hackney coaches and was driven to the Guildhall, where the case was to be tried at ten o’clock precisely.

 

 

How dramatic Boz has made the “calling of the Jury,” which might be thought an uninteresting and prosaic operation enough. It was a special jury, which entailed one guinea per head extra expense on Mr. Pickwick. He had, of course, asked for it: but Dodson and Fogg would have been well content with and perhaps even have preferred a common jury. Now-a-days, special jurors, though summoned largely, have to be almost coerced into attending. A fine of ten pounds is imposed, but this is almost invariably remitted on affidavit. The common jurors, moreover, do not show the reluctance to “serve” of Groffin, the chemist. A guinea is not to be despised. There are, as it were, professional common jurors who hang about the Courts in the hope of being thus called as “understudies.” On this occasion what was called a Tales was prayed for, and two common jurors were pressed into the service: and “a greengrocer and a chemist were caught directly.”

It is impossible to say too much of the completeness with which the legal scene is put forward. Everything is dealt with. We have perfect sketches of the judge, the ushers, 
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