When Mr Bradlaugh entered the witness-box Mr Keane interposed, saying: "I have a most painful duty to perform, and that is to object to the witness being sworn on account of his being an Atheist and holding notoriously Atheistic opinions." Mr Keane repeated that he felt it an extremely painful duty, but that he had no discretion in the matter; he had instructions to take this objection, and therefore he must take it. He added: "At the same time I must say that I have met Mr Bradlaugh several times on business, and have never seen any conduct on his part unbecoming a gentleman." Mr Justice Smith: "You have power, Mr Keane, to waive the objection. Sometimes it is material to make the objection considering the matters in issue. But in the present case is it so? I consider this a case in which the objection had better be waived." As counsel against Mr Bradlaugh in the Devonport case, Mr Montague Smith, Q.C., had himself examined Mr Bradlaugh upon his opinions, but this he considered altogether a different matter; this was purely a commercial transaction. Mr Bradlaugh stated that he was ready to affirm or to give evidence upon oath, and after a short discussion Mr Justice Smith said that he should take it upon himself to allow him to affirm; but Mr Keane again interposed, urging that he would not be competent to do so. Mr Bradlaugh then made his counsel formally tender him as a witness, but after some conversation Mr Keane agreed to admit the facts which Mr Bradlaugh was to prove. It was then contended that the endorsement was not valid according to the law of France, but ultimately the verdict was given for the plaintiff, with leave to the defendant to move the verdict for him on the objections he had raised. Mr De Rin accordingly moved the Court of Common Pleas, and in July 1868 the Court granted a rule absolute to enter the verdict for the defendant, on the ground that the endorsement did not confer on the plaintiff the right of suing on the bills in this country. Mr Bradlaugh appealed against this decision to the Court of Exchequer, and the Court of Appeal suggested an inquiry as to the fact whether the endorsed bills came into Mr Bradlaugh's possession by post in England or whether they were handed to him in France, and Mr S. Prentice, Q.C., was nominated as a referee to ascertain the fact. When the case came on appeal before Mr Justice Lush in October 1868, in the Exchequer Chamber, bail had to be given for costs, and Mr Austin Holyoake was tendered as such bail, but Mr Wood, counsel for the defendant De Rin, objected to Mr Holyoake as not competent to take the oath. "I am known to be a Freethinker," wrote Austin Holyoake, with just indignation, "and it is therefore competent for any solicitor or barrister to openly insult me by calling in question my ability to speak the truth."