Prisoner for BlasphemyFoote, G. W. (George William)
Religion
Prisoner for Blasphemy
Foote, G. W. (George William)
Blasphemy; Trials (Blasphemy) -- Great Britain
When I cited Fox's Libel Act and asked that my copy, purchased from the
Queen's printers, might be handed to the jury for their guidance, his
lordship sharply ordered the officer not to pass it to them. "I shall
tell them," he said, "what points they have to decide," as though I
had no right to press my own view. He would never have dared to treat
a defending counsel in that way, and he ought to have known that a
defendant in person has all the rights of a counsel, the latter having
absolutely no standing in court except so far as he represents a first
party in a suit. "May they not have a copy of the Act, my lord?" I
inquired. "No," replied his lordship, "they will take the law from the
directions I give them; not from reading Acts of Parliament." This is
directly counter to the spirit and letter of Fox's Act; and I suspect
that Judge North would have expressed himself more guardedly in a higher
court. If juries have nothing to do with Acts of Parliament, why are
statutes enacted? Judge North would be ashamed and afraid to speak in
that way before his superior brother judges at the Law Courts; but at
the Old Bailey he was absolute master of the situation, and he abused
his power. He knew there was no court of criminal appeal, and no danger
of his being checked by either of the fat aldermen on the bench. They
were in fact our prosecutors, and they appeared to enjoy their paltry
triumph.
As I have said, I began my address to the jury at one o'clock, and at
half-past we adjourned for lunch. Mr. Wheeler ran across the road and
ordered some refreshment for us, and pending its arrival we descended
the dock-stairs and entered a subterranean passage, which was lit by a
single gas-jet. On each side there was a little den with an iron gate.
One of these was filled with prisoners awaiting trial or sentence, who
gazed through the bars at us with mingled glee and astonishment. They
were chatting merrily, and I imagine from their free and easy manner
that most of them were old gaol-birds. Perhaps there were some forlorn,
miserable creatures cowering in the darkness behind, with throbbing
brows and hearts like lead, on whose ears the light laughter of their
callous companions grated even more harshly than it did on ours.
The left-hand den was empty, and into it we were ushered by the aged
janitor, who regarded us with looks of mute reproach. He was
evidently subdued to what he worked in. His world consisted of two
classes--criminals and police; and without any further ceremony of trial
and sentence, the very fact of our descending into his Inferno was clear
evidence that we belonged to the former class.
Public-domain text, read in full here on John Shaqi.
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