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
* This is another of those unwarranted suppositions in which
the judge ought not to have indulged. 'That paper' was
written by my friend Mr. Chilton, Editor of the Oracle in my
absence, and signed with his initials. The judge might have
known that I was in Gloucester Gaol when it was written and
published. I should have stopped the judge and corrected
him, but I feared by seeming to separate myself from Adams,
to be thought capable of saving myself at his expense, or
exposing him to new rigour.
Mr. Holyoake. My lord, am I to be classed with thieves and felons?
Mr. Justice Erskine. No; thieves and felons are sentenced to the
Penitentiary, you to the Common Gaol.
The court adjourned at ten o'clock.
What was advanced by the counsel and the judge has been rendered in full
in the foregoing report, but I have contented myself with an abstract
of what I urged myself. The _Times_ said I quoted from more than thirty
authors, which is very likely; but it was not because I was not sensible
of the good taste of brevity that I occupied the bench so long. I was
standing that day in court fourteen hours, and, including the cross
examinations, I was speaking more than eleven hours. I prepared notes
to last me two days; and after the first six hours, my voice, usually
shrill and weak, became full and somewhat sonorous. I could have spoken
all night, and I should have done it had the judge attempted to put me
down. But I willingly acknowledge that, on the whole, the conduct of
the judge was fair to me, and patient to a degree that inspired me with
great respect for the dignity of the bench, and I dedicated my 'Short
and Easy Method with the Saints' to Mr. Justice Erskine, as an actual
expression of my respect. The governor of the gaol one day said to me,
that I ought not to regret six months' imprisonment after occupying
the court and public so many hours. I did not regret it. Indeed, I more
deserved the sentence for the length of my defence than for the words
for which I was indicted. But it was the menace of the magistrates
(before recounted) that I should not be heard, that did me the harm,
and exposed me to the imputation of wanting good sense, which is a worse
imputation than that of wanting orthodoxy. This came of inexperience in
imprisonment. The menaces of magistrates will not so mislead me another
time.
Public-domain text, read in full here on John Shaqi.
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