Chapter 10 of 12 · 3818 words · ~19 min read

Part 10

"But," I objected, "I am not even in receipt of any telegram. Nor can I possibly omit the etiquette of a ceremonious leave-taking with your honourable parents."

"Just as you please," replied he. "Just now the Governor and Mater are in the front sitting-room, engaged in perusing the back numbers of your precious 'Jossers and Tidlers' or whatever you call 'em, which have been thoughtfully forwarded by a relative. I don't think I'd disturb them."

"Are they so hugely interested in the performances of my unassuming _penna_?" I cried, with the gratified simpering of a flattered.

"It looked like it when I left the room," said he; "the Mater was very near rolling on the oilcloth, and the Governor dancing and foaming from his mouth. What an awfully old ass you have been, JAB, to go and blurt out everything in print--about your breach of promise case, and getting to know us, and--worst of all--being merely a bogey prince. Naturally, we don't care about being made to look fools. The dear old Mater, you know, is one of those simple, trusting natures that, if they once discover they have been taken in by a sham title, why, they kick up the row of a deuce! And, as for the Governor, he's the sort of old retiring chap that has a downright loathing of publicity, when it makes him ridiculous. If he came across you just now, there's really no saying what he mightn't do. He's such a devilishly hot-tempered old boy!"

I did not comprehend the reasons for such exuberant anger, but, of course, young HOWARD insisted so urgently on physical dangers to myself if I delayed, that I hastened stealthily to my room by a backstair, and flinging my _paraphernalia_ with incredible despatch into a portmanteau, was so fortunate as to convey it out of the house without attracting the invidious attention of my host and hostess, who were probably still occupied in foaming and rolling upon the carpet like angry waves of the sea.

Young HOWARD accompanied me to the station, though blaming me as the cause of his embroilment with his progenitors, who, it seems, had insisted--quite unjustly--that he must have known from the first that my nobility was merely a brevet rank; and Miss WEE-WEE bade me farewell with a soft and perfectly ladylike cordiality, being too grieved by my departure to make any allusion to the head and front of my offending.

Now I am once more in London, paying daily visits of several hours to the office of my solicitor, in order to assist him in the preparation of my brief.

[Illustration: BABOO CHUCKERBUTTY RAM.]

The other day, Baboo JALPANYBHOY and Baboo CHUCKERBUTTY RAM attended for the purpose of arranging their evidence, when I regret to say the former made a rather paltry exhibition of himself, being declared by Mr SMARTLE himself to be totally incompetent to prove anything whatever material to the case, and I am therefore resolved to refuse him admission to the witness-box.

I am more hopeful of Mr CHUCKERBUTTY RAM, who, I think, after diligent coaching from myself, may be induced to restrain his natural garrulity, and speak no more than is set down for him, which is simply that I have already, in his presence, contracted matrimony with a juvenile native, and that the laws of my country entitle me to marry several more.

This is in support of one of my most subtle pleadings of defence, to wit, that I have already offered to marry the plaintiff according to my country's laws, but that she did definitely decline such a marriage as polygamous (which it is indubitably liable to become at any moment), consequently, that my said contract is nilled by mutual consent.

Mr SMARTLE was of the opinion that the plaintiff's solicitors would move to strike out such a pleading as bad in law, since it is no defence to an action for breach of promise that the defendant is already the Benedick. Fortunately they have omitted to do this, and I anticipate exciting excessive admiration in Court by the ingenuity of my arguments from Analogy, Common Sense, Roman Law, &c.

My said solicitor has also communicated with Hon'ble Sir CHETWYND CUMMERBUND, to inquire if he would consent to appear as a witness to my dependent filial condition, and entire lack of the sinews of war; which, with fatherly kindness, he has agreed to do, and, as he rather humorously puts it, convince the jury that I am the good riddance of bad rubbish.

Now the decks are cleaned for action, and all is ready for the forensic logomachy as soon as it may please Providence and some associate in the Queen's Bench Division to place the suit of _Mankletow ~v.~ Jabberjee_ in the list of causes for the day.

My solicitor's advice, which I shall very probably adopt, is to keep as close as possible to the issues, and more especially to the point that, if I gave any promise to marry at all, it was extorted from me by threats of bodily violence which reduced me to a blue funkiness.

Also he recommends that I am not to attempt any golden-mouthed eloquence, thereby making the lamentable exhibit of a most stupendous ignorance of human nature!

For what can melt the stony hearts of men, causing them to bellow like an ox and become tender as chickens, or what can rouse them to Indignation, Approval, Contempt, Wonderment, and every other known sentiment as required, so effectively as the trumpeting tongue of oratorical eloquence!

All I can aver is that, if I am not to be permitted to draw the glittering sword of my tongue from the scabbard of my mouth, I shall infallibly, in sheer sickishness at such short-sighted folly, throw up my brief!

I must not omit to say that if any of my fellow-colleagues on this periodical (of course including Hon'ble Editor) should be anxious to become eye-witnesses of my forensic _début_, I shall be overjoyed to procure their admission and will instruct the Usher that they are to be awarded the seats of honour. Perhaps it might even be feasible for two or three of them to obtain appointments as jurymen.

If so, let them not turn the deaf ear to the gentle wheezings of their _esprit de corps_, but remember that it is not the custom for one eagle to peck another in his optics.

XXVIII

_Mankletow ~v.~ Jabberjee. Notes taken by Mr Jabberjee in Court during the proceedings._

_Queen's Bench Court, No. ----,_ 10.20 A.M.

The eventful morn of my trial for Breach of Promise has at length arrived, and I am resolved to jot down on the exterior of my brief such tittles as take place. I have taken my seat in Court on one of the benches reserved for long-robed juniors; in my immediate rear being my solicitor, SIDNEY SMARTLE, Esq., who will officiate as my Remembrancer and Friend in Need.

[Illustration: "FRESH AS A DAISY, AND FINE AS A CARROT FRESH SCRAPED."]

In the Great Hall below I had the pleasure to encounter Miss JESSIMINA and that worthy Madam her Mamma, being prepared to greet them with effusive kindness, and assure them I was only a hostile in my professional capacity. Whether they were struck with awe by the unaccustomed majesty of my appearance in brand-new wig, bands, &c., in which I am fresh as a daisy, and fine as a carrot fresh scraped, or whether they simply did not recognise me in the disguisement of such toggeries, I am not to decide--but they passed by without responding visibly to my salutations.

10.25.--A stout, large Q.C., with luxuriant cheek-whiskers has just entered the row in front. Mister SMARTLE whispers to me that this is WITHERINGTON, whom I refused to engage, and who is now in opposition.

I have taken the undue liberty to pluck him by the sleeve and introduce myself in straightforward English style to his honourable notice, acquainting him that his unfortunate client had a very flimsy case, and was not deserving of success, while myself was a meritorious Native Neophyte, whose entire fortune was impaled on a stake, and urging him not to show too windy a temper to such a shorn lamb as his petitioner.

However, he has declined rather peremptorily to lend me his ears, nor can I induce his learned junior, who is my next neighbour, to show me any fraternal kindness. My said solicitor is highly indignant at my treatment, and warns me in an undertone that I am not to make any further overtures to such stuck-up individuals.

10.30.--Hon'ble Mister Justice HONEYGALL enters in highly dignified fashion. He is of a bland, benignant, and intensely clean aspect, which uplifts my downfallen heart, for it is obvious, from his benevolent and smiling bow to myself that he already feels a paternal interest in my achieving the conquest of my spurs.

The jury are taking the oath. Whether any of my co-contributors to _Punch_ are among them I cannot discover, since they do not vouchsafe to encourage me by the freemasonry of even a surreptitious simper. But this is perhaps occasioned by over prudence.

The learned junior on my right has risen, and in shockingly bald and barren verbiage has stated the issues which are to be tried, and, being evidently no Heaven-born orator, sits abruptly down, completely gravelled for lack of a more copious vocabulary. A poor tongue-tied devil of a chap whom I regard with pity!

WITHERINGTON, Q.C., is addressing the jury. He is not a tongue-tied, but he speaks in a colloquial, commonplace sort of fashion which does not shed a very brilliant lustre upon boasted British advocacy.

Though of an unromantic obesity, it appears from the excessive eulogies he lavishes upon JESSIMINA that he is already the tangled fly in the web of her feminine enchantments. What a pity that such a prominent barrister should be so unskilled in seeing through such a millstone as the female heart!

He is persisting in making most incorrect and uncomplimentary allusions to my undeserving self, which it is impossible that I am to suffer without rising to repudiate with voluble indignation! However, though he makes bitter complaints of my interruptions, he does me the honour to refer to me as his friend, for which I thank him with a gratified fervour, assuring him that I reciprocate his esteem.

Hon'ble Judge has just tendered me the kindly and golden advice that, unless I sit down and remain hermetically sealed, the case will infallibly continue for ever and anon, and that I am not to advance my interests by disregarding the customary etiquettes of the Bar.

11.5.--JESSIMINA is giving her testimony. Indubitably she has greatly improved in her physical appearance since I was a resident of Porticobello House, and her habiliments are as fashionably ladylike (if not more so) than Miss WEE-WEE'S own! Alack! that she should relate her story with so many departures from ordinary veracity. Her pulchritude and well-assumed timidity have captivated even the senile Judge, for, after I have risen and vehemently contradicted her in various unimportant details, he has actually barked at me that, unless I wait until it is my turn to cross-examine he will take some very severe measure with me at the rising of the Court! A pretty specimen of judicial impartiality!

1.30 P.M.--The Court has risen for lunch at the conclusion of a rather severe cross-examination by myself of the fair plaintiff, and, not being oppressed by pangs of hunger, I have leisure to record the result--which, owing to the partisanship of Hon'ble Bench, the disgracefully complicated state of the laws of Evidence, and Miss JESSIMINA'S ingenuity in returning entirely wrong answers to my searching interrogatories, did not attain to the sanguine level of my expectations.

For instance, when I asked her whether it was not the fact that I was notoriously deficient in physical courageousness, she made the unexpected reply that she had not observed it, and that I had frequently described to her my daring achievements in sticking wild pigs and shooting man-eating tigers.

Also she entirely refused to admit that the turquoise and gold ring I had given her was not in token of our betrothal, but merely to compensate her for not being invited as well as myself to a certain fashionable dinner-party; and the Judge (interrupting in the most unwarrantable manner) said that, as he did not understand that I seriously denied the existence of an engagement to marry, he was unable to perceive the bearings of my query.

Again, I reminded her of her mention of the gift of a china model of Poet SHAKSPEARE'S birthplace, and required her--on her oath--to answer whether it had not been originally intended for another lady, and whether, having accidentally seated myself upon it, I had not decided to bestow the _disjecta membra_ upon herself instead.

To which she replied, with artfully simulated emotion, that all she knew was that I had assured her at the time that the said piece of china had been expressly purchased for herself as a souvenir of my ardent affection, and she had accepted it as such, and carefully restored it with some patent cement.

Before this the Judge had asked me how I could expect the plaintiff to know what was passing in the tortuous recesses of my own mind, and informed her that she need not answer such a ridiculous question unless she pleased. But she did please, and her answer was received with applause, which, however, the Bench perceiving, though tardily, that I was entitled to some protection, did declare in angry tones that it was on no account to be permitted.

Next I inquired whether it was not true that she was of a flirtatious disposition, and addicted to laugh and talk vivaciously with the gentlemen-boarders, and whether I had not earnestly remonstrated with her upon such conduct. Here WITHERINGTON, Q.C., bounded on to his feet, and protested that I was not entitled to put this question now, since I had not dared to allege in my letters or pleadings that I had breached my promise owing to any misconduct of plaintiff. But, instead of submitting to such objection, JESSIMINA answered in mellifluous accents that she had never manifested more than ordinary civility towards any gentleman-boarder, but that I had displayed passionate jealousy of them all prior to my engagement--though never since, because she had never afforded the slightest excuse for remonstrances.

Whereupon she was again flooded with tears, which stirred my heart with tender commiseration; for her maidenly distress did only increase her charms to infinity. And the Judge, feeling fatherly sympathy for myself, observed very kindly that I had got my answer, which he hoped might do me much good. For which good wish I thanked him gratefully; and the Court was again dissolved in senseless cachinnations!

Next I cross-questioned her as to her refusal of my offer to marry on the ground that I was already the husband of one infant wife, and whether it was not the fact. She responded that I had referred her to Mr CHUCKERBUTTY RAM for corroboration of my story, and that he had informed her that my said wife was a _post mortem_.

Here I cleverly took the legal objection that what Mr RAM said was not evidence, and warned her to be careful, while the Hon'ble Judge partly upheld my contention, remarking that it was evidence that a conversation was held, but not of the truth of the facts stated in such conversation, thereby showing clearly that he did not credit her story.

Upon the whole, I am confident that I have at least silenced the guns of WITHERINGTON, Q.C., for upon the conclusion of my cross-examination, he admitted that he had no further questions to ask the plaintiff.

My solicitor says I shall have to buck myself up if I am to reduce the damages to any reasonable amount, and that he had been desirous from the first to brief WITHERINGTON. But this is to croak like a raven, for the cross-examining is, after all, of very minor importance compared to the Gift of the Gab--in which I am notoriously _nulli secundus_.

2.15 P.M.--The Court has returned. WITHERINGTON'S Junior has called JESSIMINA'S mother, whom I shall presently have the bounden but rather painful duty to cross-examine sharply.

Already I experience serious sinkings in stomach department. _Sursum corda!_ I must buck it up.

XXIX

_Further proceedings in the Case of Mankletow ~v.~ Jabberjee. Mr Jabberjee's Opening for the Defence._

_Queen's Bench Court, No. ----,_ 2.40 P.M.

I have just resumed my seat after a rather searching examination of Madam MANKLETOW, as will appear from the notes of her evidence kindly taken by my solicitor:--

MY SOLICITOR'S SAID NOTES.

Mrs MARTHA MANKLETOW (_formidable old party--all bugles and bombazine_). Would certainly describe her establishment as 'select'; all of her male boarders perfect gentlemen--except defendant. Was never anxious to secure him for her daughter--on the contrary, would have much preferred her son-in-law white. Gave her consent because of the passionate attachment he professed for plaintiff. Nothing to her whether he was of princely rank or not. He appeared to be very well able to support her daughter, which was the chief thing. Had never threatened defendant with personal chastisement from other boarders if he denied any engagement. Did say that if he meant nothing serious after all the marked attentions he had paid the plaintiff, he deserved to be cut dead by all the gentlemen in the house. Insisted on the engagement being made public at once; thought it her bounden duty to do so. Did not know whether defendant was married already, or how many wives he was entitled to in his own country--he had taken good care not to say anything about all that when he proposed. Did not consider him a desirable match, and never had done, but thought he ought to be made to pay heavily for his heartless behaviour to her poor unprotected child, who would never get over the slight of being jilted by a black man....

Here I sat down, amidst suppressed murmurs from the Court of indignation and sympathy at such gross unmannerly insults to a highly educated Indian University man and qualified native barrister.

3.15.--More witnesses for plaintiff, viz., Miss SPINK and sundry select boarders, who have testified to my courtship and the notoriety of my engagement. Seeing that they were predetermined not to answer favourably to myself, I tore a leaf out of Mister WITHERINGTON'S book, and said that I had no questions to ask.... The plaintiff's junior has just sat down, with the announcement that that is his case. I am now to turn the tables by dint of rhetorical loquacity.

The annexed report, though sadly meagre and doing very scanty justice to the occasion, is furnished by my friend young HOWARD, who was present in Court at the time....

_Jab._ (_in a kind of sing-song_). May it please your venerable lordship and respectable gentlemen of the jury, I am in the very similar predicament of another celebrated native gentleman and well-known character in the dramatic works of your immortal _littérateur_ Poet SHAKSPEARE. I allude to OTHELLO on the occasion of his pleading before the Duke and other potent, grave, and reverent signiors of Venice, in a speech which I shall commence by quoting in full----

[Illustration: MR JUSTICE HONEYGALL.]

_Mr Justice Honeygall._ One moment, Mr JABBERJEE, I am always reluctant to interfere with Counsel, but it may save my time and that of the jury if I remind you that the illustration you propose to give us is hardly as happy as it might be. The head and front of OTHELLO'S offending, unless I am mistaken, was that he had married the lady of his affections, whereas in _your_ case----

_Jab._ (_plaintively_). Your lordship, it is not humanly possible that I can exhibit even ordinary eloquence if I am to be interrupted by far-fetched and frivolous objections. The story of OTHELLO----

_Mr Justice H._ What the jury want to hear is not OTHELLO'S story, but yours, Sir, and your proper course is to go into the witness-box at once, and give your version of the facts as simply and straightforwardly as you can. When you have given your own evidence and called any witnesses you may wish to call, you will have an opportunity of addressing the jury, and exhibiting the eloquence on which you apparently place so much reliance.

[_Here poor old ~JAB~ bundles off to the witness-box, and takes some outlandish oath or other with immense gusto, after which he starts telling the Jury a long rambling rigmarole, and is awfully riled when the old Judge pulls him up, which he does about every other minute. This is the sort of thing that goes on:--_

_Jab._ At this, Misters of the Jury, I, being but a pusillanimous and no Leviathan of valour----

_The Judge._ Not so fast, Sir, not so fast. Follow my pen. I've not got down half what you said before that. (_Reads laboriously from his notes._) "In panicstricken apprehension of being severely assaulted _à posteriori_." Who do you say threatened to assault you in that manner--the plaintiff's mother?

_Jab._ I have already had the honour to inform your lordship that I was utterly intimidated by the savage threats of the plaintiff's mother that, unless I consented to become the betrothed, she would summon certain able-bodied athletic boarders to batter and kick my unprotected person, and consequently, not being a Leviathan----

_The Judge._ No one has ever suggested that you are an animal of that description, Sir. Have the goodness to keep to the point. (_Reads as he writes._) "I was so intimidated by threats of plaintiff's mother that she would have me severely kicked by third parties if I refused, that I consented to become engaged to plaintiff." Is _that_ what you say?

_Jab._ (_beaming_). Your lordship's acute intellect has comprehended my _pons asinorum_ with great intelligence.

_The Judge_ (_looking at him under his spectacles_). Umph! Well, go on. What next?

[_So old ~JAB~ goes on gassing away, at such a deuce of a rate that the Judge gives up all idea of taking notes, and sits staring at ~JAB~ in resigned disgust._ (_It was spell-bound attentiveness._--H. B. J.) _~JAB~ WILL spout and WON'T keep to the point; but, all the same, I fancy, somehow, he's getting round the Jury. He's such a jolly innocent kind of old ass, and they like him because he's no end of sport. The plaintiff's a devilish fine girl, and gave her evidence uncommonly well; but, unless ~WITHERINGTON~ turns up again, I believe old ~JAB~ will romp in a winner, after all! I haven't taken down anything else, except his wind-up, when of course he managed to get in a speech._