to Mr. Pickwick's being an elderly man
and of fatherly ways, a topic that would by no means negative the
presumption of matrimony. But nothing could excuse the rashness of
putting a general question as to "Mr. Pickwick's behaviour towards
females." No adroit counsel would run the risk of encountering a too
conscientious witness, such as Winkle proved to be and who would "let the
cat out of the bag."
As we have seen, this awkward question settled Mr. Pickwick's business.
Snubbin had held him out as an elderly but benevolent being, treating
every female he met as a daughter, never dreaming of matrimony: when lo!
the whole fabric is overthrown in an instant by the luckless Winkle's
admission!
Amid the profound silence of the whole court Mr. Winkle faltered out
that the trifling circumstance of suspicion was Mr. Pickwick's being
found in a lady's sleeping apartment at midnight, which had
terminated, _he believed_, in breaking off the projected marriage of
the lady, and had led, _he knew_, to the whole party being forcibly
carried before a magistrate.
Thus was the defendant suddenly revealed as a Pecksniffian Lothario, and
his pretence of philanthrophy after was shewn in its true colours. It
was impossible not to associate this with the scene with Mrs. Bardell.
But there was an important legal "point" which one might have expected
would have occurred to so eminent a Chamber Counsel as Serjeant Snubbin.
To prove a breach of the promise, it must always be shown that the
defendant had been given an opportunity of officially refusing to fulfil
it. It should have been put to him "in black and white," "Will you marry
me?" and he must have answered "No, I will not," or something to that
effect. In default of this the defendant might plead "True I gave the
promise and it stands unbroken, for you never required me to act upon
it." Now in Mr. Pickwick's case this actually occurred. As we have seen
he left town the morning after the imputed proposal and while he was
away, within a month, the notice of action was sent to him. Up to that
time he had not heard a word of Dodson and Fogg, or of legal proceedings.
But it may be urged that Mrs. Bardell herself may have written,
formulating her demands. That this was not the case is evident from Mr.
Pickwick's behaviour; he did not dream of such a thing, or he would have
been disturbed by it, or have consulted his friends about it. Had it
been so, his
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