FREE BOOKS

Author's List




PREV.   NEXT  
|<   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86  
87   >>  
or 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." Mr. Justice Stareleigh, however, as we are told, then "summed up in his old established and most approved form. He read as much of his notes as he could decypher on so short a notice, and made running comments on the evidence as he went along. If Mrs. Bardell were right, it was perfectly clear that Mr. Pickwick was wrong, and if they thought the evidence of Mrs. Cluppins worthy of credence, they would believe it, and if they didn't, why they would'nt. If they were satisfied that a breach of promis
PREV.   NEXT  
|<   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86  
87   >>  



Top keywords:
damages
 

Defendant

 

Plaintiff

 
promise
 

evidence

 
sufficient
 

established

 

gentlemen

 

reasonable

 

Cluppins


comments

 
statement
 

running

 

Pickwick

 

satisfied

 

default

 

promis

 

position

 

substantial

 
credence

amount

 

worthy

 
perfectly
 

thought

 

breach

 

Justice

 

Stareleigh

 
notice
 

satisfaction

 
approved

summed

 

decypher

 

proved

 

entitled

 
questions
 

benefit

 

doubtful

 
supported
 

account

 

satisfy


Bardell

 
excessive
 

speech

 

Phunky

 

mitigation

 

speaking

 

reason

 

called

 

damaged

 

witnesses