The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British ClergyHolyoake, George Jacob
Philosophy
The History of the Last Trial by Jury for Atheism in England: A Fragment of Autobiography Submitted for the Perusal of Her Majesty's Attorney-General and the British Clergy
Holyoake, George Jacob
Atheism -- England; Holyoake, George Jacob, 1817-1906 -- Trials, litigation, etc.; Trials (Blasphemy) -- England
Cross-examination resumed. Do not know of my own knowledge who made the
report; have been ten years in employment at _Chronicle_ office; know it
was said in that paper that three witnesses from that office could prove
what had occurred at the lecture; the name of reporter of our paper is
Edward Wills; I heard your lecture, you said nothing against morality.
Mr. Holyoake. Will you state your opinion of morality? Mr. Justice
Erskine. The question is irrelevant. Mr. Holyoake. Did you think I spoke
my honest convictions? Witness. I thought you spoke what you meant; you
spoke straightforwardly.
The judge here interposed, to stop Mr. Holyoake from asking as to
witness's opinions.
Cross-examination resumed--Witness. I should not have lost my situation
if I had not come forward in this case; in my opinion you spoke
wickedly, as stated in indictment; I did not notice that you spoke
contemptuously when using the word _thing_, but you used the word; there
were other words between those used in indictment; they did not, is
in that document, follow one another; I do not remember the words; you
spoke of the enormous sums of money spent upon religion, and the poverty
of the people, and afterwards, and in connection with that, said you
would place Deity as government did the subalterns--on half-pay; I have
been a preacher.
Re-examined by Mr. Alexander. I have been uninterruptedly ten years in
the same employment; do not give evidence from fear or reward; but from
a sense of duty.
Mr. Alexander. That is the case for the prosecution, my lord.
Mr. Justice Erskine. Now is the time for your defence.
Mr. Holyoake. I am not a little surprised to hear that the case for the
prosecution is closed. I have heard nothing, not one word, to prove the
charge in the indictment. There has been adduced no evidence to show
that I have uttered words _maliciously_ and _wickedly_ blasphemous. I
submit to your lordship that there is not sufficient evidence before the
Court.
Mr. Justice Erskine. That is for the jury to decide.
Mr. Holyoake. I thought, my lord, as the evidence is so manifestly
insufficient to prove _malice_, you would have felt bound to direct my
acquittal.
Mr. Justice Erskine. It is for the jury to say whether they are
satisfied.
Mr. Holyoake. Then, Gentlemen of the Jury, it now becomes my duty to
address you on the nature of the charge preferred against me, and of the
evidence by which it is attempted to be supported. When I stood in this
court a week ago, and saw the grand jury with Mr. Grantley Berkeley at
their head as foreman--when I heard his lordship, surrounded by learned
counsel, deliver his charge in the midst of persons distinguished for
learning, for eloquence, for experience, and for literary attainments--
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