Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
History
Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
"I think," said he, "that questions should be put within a certain
limit to the witness as to his opinion and belief, and that it is
right the jury should have an opportunity of judging either from his
answer or from his refusal to answer--should have an opportunity to
form their own sentiment of the credibility to be attached to it [the
evidence]."
This judgment, and even more the bigotry apparent throughout the
judgment, was a great blow to Mr Bradlaugh, and he appealed against
the decision. The appeal came on before the very same four judges
on the following Friday (November 8). In spite of his most eloquent
pleading--in which he was repeatedly interrupted by the Lord Chief
Justice--the rule was refused; the Lord Chief Justice kept religiously
(I use the word advisedly) to his already expressed opinion that a
witness "is by implication discredited by his refusal to answer;" and
that he could see no "intentional violation of right;" he further
clinched the matter by saying that "in the present instance there is
nothing which could induce me to interfere."
These proceedings did their work in helping to form public opinion in
favour of free speech, but they cost my father several hundreds of
pounds, and burdened him with a debt which took long to clear off.
CHAPTER XVIII.
"KILL THE INFIDEL."
In the month of January, 1861, Mr Stephen Bendall was charged by Mr
Nicholas Le Mesurier, a constable of St Peter Port, Guernsey, with
having upon several occasions in the month before distributed printed
papers calculated to bring the Christian religion into contempt and
ridicule. The Court sentenced Mr Bendall to give bail in the sum of £20
not to distribute any such tracts during the space of twelve months,
or in default to be imprisoned for a fortnight. That the sentence took
so lenient a form was doubtless in some measure due to the enlightened
remarks of one of the jurats, a Mr Tupper, who warned his colleagues
that they should be "very careful not to countenance persecution on the
ground of religion, for if we entered upon that course we could not
tell where we should stop." Whether he did not feel himself altogether
strong enough to oppose the prevailing temper of the bench, or from
whatever reason, Mr Tupper did not propose an acquittal, but suggested
the above bail, which the Court after some consultation accepted, with
the alternative of a fortnight's imprisonment. The Queen's Procureur
had asked that Mr Bendall should be imprisoned for a fortnight, "three
days in each week solitary and on bread and water, and afterwards to
give security in the sum of £50 not to distribute any of the tracts
during the next twelve months, or quit the island."
Public-domain text, read in full here on John Shaqi.
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