The Trial of Henry Hetherington, on an Indictment for BlasphemyHetherington, H. (Henry)
Religion
The Trial of Henry Hetherington, on an Indictment for Blasphemy
Hetherington, H. (Henry)
Hetherington, H. (Henry), 1792-1849 -- Trials, litigation, etc.; Trials (Blasphemy) -- England -- London
The Attorney-General then proceeded.--Conceive, gentlemen, a servant or
an apprentice reading this work where the institution of private
property was said to be the great evil of society--would he feel any
compunction at appropriating the goods or money of his employer to his
own use? Would he not find arguments in this work to justify him in his
iniquity? Mr. Hetherington had taken credit to himself for disinterested
motives, but he feared that he was actuated by mercenary
motives--looking only to emolument--careless of the effect it might have
on the morals of the unthinking working-classes.(1) He called upon the
Jury, by the oaths they had taken on the Holy Gospel--which this book
blasphemously attacked--to consider the effect of a verdict of
acquittal, and to do their duty to the public. By such a verdict they
would license the most infamous attacks on the Holy Scriptures, and
would loosen the bonds which held society together.
1. This comes well from a gentleman who descended from his high
professional position to attend at the Old Bailry, for a fee of
£. 100, to plead for a man charged with murder.
Mr. Hetherington explained that it was the custom of the trade to place
the name of any bookseller, with whom the real publisher did business,
on the title-page of the book, and that his name had been so placed by
Mr. Hey-wood, of Manchester, the real publisher, without his knowledge.
Mr. Heywood was the original publisher; he received no punishment, and
was now at liberty.
Lord Denman, in summing up, observed, that the law considered the vendor
of a work the publisher of it, and that consequently he must be held
responsible. It had also been constantly laid down that blasphemy was an
offence at common law. In the Defendant’s defence, TO WHICH HE HAD
LISTENED WITH FEELINGS OF GREAT INTEREST, AYE, WITH SENTIMENTS OF
RESPECT TOO, he had complained of the hardship of a general publisher
being held responsible for the contents of all the works he might sell,
but he had himself answered that argument by the conduct which he stated
he pursued with regard to obscene and personally libellous publication,
and from the title-page of this work it was scarcely possible not to be,
in some measure, aware of its contents. Discussions on a subject, even
the most sacred, might be tolerated when they were conducted in a fair
spirit; but when appeals were made not to reason but to the bad feelings
of human nature, or where ridicule or invective were had recourse to, it
could not be considered discussion. As to the impolicy of these sort of
prosecutions that was a question with which they had nothing to do; the
only question for them to determine was, whether the publication in
question was a blasphemous libel, and whether it had been published by
the Defendant.
The Jury immediately returned a verdict of Guilty.
The Attorney-General prayed the immediate judgment of the Court.
Public-domain text, read in full here on John Shaqi.
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