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
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