Prisoner for BlasphemyFoote, G. W. (George William)
Religion
Prisoner for Blasphemy
Foote, G. W. (George William)
Blasphemy; Trials (Blasphemy) -- Great Britain
To none of these reasons, however, did their lordships vouchsafe a reply
or extend a consideration. Baron Huddleston simply held the Christmas
Number of the _Freethinker_ up in Court, and declared that no sane man
could deny that it was a blasphemous libel--a contumelious reproach on
our Blessed Savior. But that was not the point at issue. Whether the
prosecuted publication was a blasphemous libel or not, was a question
for the jury at the proper time and in the proper place. All Baron
Huddleston was concerned with was whether a fairer trial might be
obtained in a higher Court than in a lower one, and before a special
jury than before a common one. That question he never touched, and the
one he did touch he was bound by legal and moral rules not to deal with
at all.
Justice North briefly concurred with his learned brother, and refrained
from adding anything because he would probably have to try the case at
the Old Bailey himself. What a pity he did not reflect on the injustice
of publicly branding as blasphemous the very men he was going to try for
blasphemy within forty-eight hours!
The next morning, February 29, Mr. Ramsey, Mr. Kemp and I duly appeared
at the Old Bailey. Before the regular business commenced, I asked his
lordship (it was indeed Justice North) to postpone our trial until the
next sessions, on the ground that, as my application for a _certiorari_
was only decided the day before, there had been no time to prepare an
adequate defence. His lordship refused to grant us an hour for that
absurd purpose. Directly I sat down Mr. Poland arose, and begged
that our trial might be deferred until the morrow, as his leader, Sir
Hardinge Giffard, was obliged to attend elsewhere. This request was
granted with a gracious smile and a bland, "Of course, Mr. Poland." What
a spectacle! An English judge refusing a fellow-citizen a single hour
for the defence of his liberty and perhaps his life, and granting a
delay of twenty-four hours to enable a brother lawyer to earn his fee!
Public-domain text, read in full here on John Shaqi.
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