Sir Hardinge Giffard's speech in opening the case for the prosecution was brief, but remarkably17 astute18. He troubled himself very little about the law of Blasphemy19, although the jury had probably never heard of it before. He simply appealed to their prejudices. He spoke20 with bated breath of our ridiculing21 "the most awful mysteries of the Christian22 faith." He described our letterpress as an "outrage23 on the feelings of a Christian community," which he would not shock public decency24 by reading; and our woodcuts as "the grossest and most disgusting caricatures." And then, to catch any juryman who might not be a Christian, though perhaps a Theist, he declared that our blasphemous25 libels would "grieve the conscience of any sincere worshipper of the great God above us." This appeal was made with uplifted forefinger26, pointing to where that being might be supposed to reside, which I inferred was near the ceiling. Sir Hardinge Giffard finally resumed his seat with a look of subdued27 horror on his wintry face. He tried to appear exhausted28 by his dreadful task, so profound was the emotion excited even in his callous29 mind by our appalling30 wickedness. It was well acted, and must, I fancy, have been well rehearsed. Yes, Sir Hardinge Giffard is decidedly clever. It is not accident that has made him legal scavenger32 for all the bigots in England.
Mr. Poland and Mr. Lewis then adduced the evidence against us. I need not describe their performance. It occupied almost two hours, and it was nearly one o'clock when I rose to address the jury. That would have been a convenient time for lunch, but his lordship told me I had better go on till the usual hour. As I had only been speaking about thirty minutes when we did adjourn33 for lunch, I infer that his lordship was not unwilling34 to spoil my defence. How different was the action of Lord Coleridge when he presided at our third trial in the Court of Queen's Bench! The case for the prosecution closed at one o'clock, exactly as it did on our first trial at the Old Bailey. But the Lord Chief Justice of England, with the instinct of a gentleman and the consideration of a just judge, did not need to be reminded that an adjournment35 in half an hour would make an awkward break in our defence. Without any motion on our part, he said: "If you would rather take your luncheon36 first, before addressing the jury, do so by all means." Mr. Ramsey, who preceded me then, had just risen to read his address. After a double experience of Judge North, and two months' imprisonment37 like a common thief under his sentence, he was fairly staggered by Lord Coleridge's kindly38 proposal, and I confess I fully39 shared his emotion.
Sir Hardinge Giffard had grossly misled the jury on one point. He told them that even in "our great Indian dominions40, where Christianity was by no means the creed41 of the majority of the population, it had been found necessary to protect the freedom of conscience and the right of every man to hold his own faith, by making criminal offenders42 of those who, for outrage and insult, thought it necessary to issue contumelious or scornful publications concerning any religious sect43." In reply to this absolute falsehood, I pointed44 out that the Indian law did not affect publications at all, but simply punished people for openly desecrating45 sacred places or railing at any sect in the public thoroughfare, on the ground that such conduct tended to a breach46 of the peace; and that under the very same law members of the Salvation47 Army had been arrested and imprisoned48 because they persisted in walking in procession through the streets. Under the Indian law, no prosecution of the Freethinker could have been initiated49; and, in support of this statement, I proceeded to quote from a letter by Professor W. A. Hunter, in the Daily News. Judge North doubtless knew that I could cite no higher authority, and seeing how badly his friend Sir Hardinge was faring, he prudently50 came to his assistance. Interrupting me very uncivilly, he inquired what Professor Hunter's letter had to do with the subject, and remarked that the jury had nothing to do with the law of India. "Then, my lord," I retorted, "I will discontinue my remarks on this point, only expressing my regret that the learned counsel should have thought it necessary to occupy the time of the court with it." Whereat there was much laughter, and his lordship's face was covered with an angry flush.
Later in my address I had a long altercation51 with his lordship. I wanted to show the jury that such heresy52 as I had published in the Freethinker abounded53 in high-class publications, but Justice North endeavoured (vainly enough) to prevent me. The verbatim report of what occurred is so rich that I give it here instead of a summary version:
"Now, gentlemen, I told you before that one of the reasons,
in my opinion, why the present prosecution was commenced,
cheap paper, and I asked you to bear in mind that there was
plenty of heresy in expensive books, published at 10s., 12s.,
and even as much as L1 and more. I think I have a right to
ask that you should have some proof of this statement. I think
I can show you that similar views are expressed by the leading
for it is not to be expected that the paper which is addressed
to the many will be conducted on just the same level, either
intellectually or aesthetically56 speaking, as a publication,
in the form of an expensive book, which is only intended for
men of education, intelligence and leisure; but such views are
put before the public by the most prominent writers of the day.
You will, of course, expect to find differences in the mode of
expression, and as a matter of course, differences of taste; but
I submit that differences of taste affect the question very little
peace. But in a case like this there ought to be no distinction
on grounds of taste. Surely the man who says a thing in one
way is not to be punished, while the man who says the same
thing in another way is to go scot free. You cannot make a
distinction between men on grounds of taste. I can imagine
Mr. Oscar Wilde were made Prime Minister, some such arrangement
as that would find weight before the jury; but, in the present
state of enlightened opinion, I do not think that any such
arrangement would be accepted by you. Now, gentleman, I shall
call your attention first of all to a book which is published
by no less a firm than the old and well-established house of
Longmans. The author of the book——
Mr. Justice North: What is the name of the book?
Mr. Foote: The book is the 'Autobiography59 of John Stuart Mill.'
Mr. Justice North: What are you going to refer to it for?
Mr. Foote: I am going to refer to one page of it, my lord.
Mr. Justice North: What for?
Mr. Foote: To show that identical views to those expressed in the
cheap paper before the court are expressed in expensive volumes.
Mr. Justice North: I shall not hear anything of that sort. I am
not trying the question, nor are the jury, whether the views
expressed by other persons are sound or right. The question is
whether you are guilty of a blasphemous libel. I shall direct
them that it will be for them to say whether the facts are proved
in this case.
Mr. Foote: I will call your attention, my lord, to the remarks
of Lord Justice Cockburn in a similar case.
Mr. Justice North: I will hear anything relevant to the subject.
My reason for asking you was to find out whether you were going
to quote a law book.
Mr. Foote: I will quote a verbatim report.
Mr. Justice North: I can hear that.
Mr. Foote: It is the case against Charles Bradlaugh and Annie Besant.
Mr. Justice North: By whom is your report published?
Mr. Foote: It is a verbatim report published by the Freethought
Publishing Company—the shorthand notes of the full proceedings60,
Mr. Justice North: There is no evidence of that. Did you hear it?
Mr. Foote: I did not personally hear it, but my co-defendants63 did.
Mr. Justice North: I will hear you state anything you suggest as
being said by Lord Chief Justice Cockburn.
Mr. Foote: Mrs. Besant was about to read a passage from
'Tristram Shandy'——
Mr. Justice North: You have not proved the publication.
Mr. Foote: Quite so, my lord; but although this is not formal
evidence, and only the report of a case, I thought your lordship
would not object to hear it.
[Mr. Foote here handed in a copy of the report to the judge,
and pointed out that the Lord Chief Justice had said he could
not prevent Mrs. Besant from committing a passage to memory,
or from reading books as if reciting from memory].
Mr. Justice North: I will allow you to go on, either quoting
from memory or reading from the book; but I cannot go into
the question of whether this is right or not.
Mr. Foote: I am not proposing that. I am only going to show
that opinions like those expressed here extensively prevail.
Mr. Justice North: That is not the question at all. If they
extensively prevail, so much the worse. What somebody else
has said, whoever that person may be, cannot affect the question
in this case.
Mr. Foote: But, my lord, might it not affect the question of
far more contributing to a breach of the peace than the publication
on which they are asked to adjudicate?
Mr. Justice North: I think not, and it shall not do so if I
anything that has been said in the alleged libel by showing
that someone else has said the same thing.
Mr. Foote: In all trials the same process has been allowed.
Mr. Justice North: It will not be allowed on this occasion.
Mr. Foote: If your lordship will pardon me for calling attention
to the famous case of the King against William Hone, I would
point out that there Hone read extracts to the jury.
Mr. Justice North: Very possibly it might have been relevant
in that case.
Mr. Foote: But, my lord, it was precisely a similar case—it was
a case of blasphemous libel. Lord Ellenborough sat on the bench.
Mr. Justice North: Possibly.
Mr. Foote: And Lord Ellenborough allowed Mr. Hone to read what
he considered justificatory67 of his own publication. The same
thing occurred in the case of the Queen against Bradlaugh and Besant.
Mr. Justice North: We have nothing to do to-day with the
question whether any author has taken the views which are
taken in these libels, whoever the author was.
Mr. Foote: Does your lordship mean that I am to go on reading or not?
Mr. Justice North: Go on with your address to the jury, sir;
that's what I wish you to do. But you cannot do what you were
about to do—refer to the book you mentioned for any such purpose
as you indicated.
Mr. Foote: I hope your lordship does not misunderstand me. I am
simply defending myself against a very grave charge under an old law.
Mr. Justice North: Go on, go on, Foote. I know that. Go on with
your address.
Mr. Foote: Your lordship, these questions are part of my address.
Gentlemen (turning to the jury), no less a person than a brother
of one of our most distinguished68 judges has said——
Mr. Justice North: Now, again, I cannot have you quoting books
not in evidence, for the sake of putting before the jury the
matters they state. The passage you referred to is one in which
the Lord Chief Justice pointed out that that could not be done.
Mr. Foote: But the action, my lord, of the Lord Chief Justice
did not put a stop to the reading. He said he would allow
Mrs. Besant to quote any passage as a part of her address.
Mr. Justice North: Go on.
Mr. Foote: No less a person than the brother of one of our most
learned——
Mr. Justice North: Now did I not tell you that you could not do that?
Mr. Foote: Will your lordship give me a most distinct ruling in
this case?
Mr. Justice North: I am ruling that you cannot do what you are
trying to do now.
Mr. Foote: I am sorry, my lord, I cannot understand.
Mr. Justice North: I am sorry for it. I have tried to make
myself clear.
Mr. Foote: Does your lordship mean that I am not to read from
anything to show justification69 of the libel?
Mr. Justice North: There is no justification in the case. The
question the jury have to decide is whether you, and the persons
present with you, are guilty of a libel or not. For that purpose
they will have to consider whether the matters in question are
a libel. If so, they will have also to consider whether you
and the other defendants are guilty of having published it.
If they think it a libel, and that you have published it, they
will have answered the only two questions they will have to
put to themselves.
Mr. Foote: My lord, in an ordinary libel case justification can
be shown.
Mr. Justice North: Go on.
Mr. Foote: I do not wish to occupy the time of the court
unnecessarily, but really I think your lordship ought to
remember the grave position in which I stand, and not stand
in the way of anything which I consider to be of vital importance
to my defence.
Mr. Justice North: I have pointed out to you what I consider
to be the question the jury have got to decide. I hope you
will not go outside the lines I have pointed out to you; but,
prisoner saying anything which he considers necessary, and I
will not stop you. I hope you will not abuse the concession71
I consider I am making to you.
Mr. Foote: I should be very sorry, my lord. I am only stating
what I consider necessary."
This is a very fair specimen72 of his lordship's manners. Unfortunately, it is also a fair specimen of his lordship's law. When I read similar extracts in the Court of Queen's Bench, Lord Coleridge never interrupted me once; nay73, he told the jury that I had very properly brought those passages before their notice, that I had a perfect right to do so, and that it was a legitimate74 part of my defence. Since then I have conversed75 with many gentlemen who were present, some of them belonging to the legal profession, and I have heard but one opinion expressed as to Judge North's conduct. They all agree that it was utterly76 undignified, and a scandal to the bench. Perhaps it had something to do with his lordship's removal, a few weeks afterwards, to the Chancery Court, where his eccentricities77, as the Daily News remarked at the time, will no longer endanger the liberty and lives of his fellow-subjects.
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 defendant62 in person has all the rights of a counsel, the latter having absolutely no standing78 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 statutes79 enacted80? 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 prosecutors81, and they appeared to enjoy their paltry82 triumph.
As I have said, I began my address to the jury at one o'clock, and at half-past we adjourned83 for lunch. Mr. Wheeler ran across the road and ordered some refreshment84 for us, and pending85 its arrival we descended86 the dock-stairs and entered a subterranean87 passage, which was lit by a single gas-jet. On each side there was a little den31 with an iron gate. One of these was filled with prisoners awaiting trial or sentence, who gazed through the bars at us with mingled88 glee and astonishment89. They were chatting merrily, and I imagine from their free and easy manner that most of them were old gaol90-birds. Perhaps there were some forlorn, miserable91 creatures cowering92 in the darkness behind, with throbbing93 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 ushered94 by the aged95 janitor96, 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 descending97 into his Inferno98 was clear evidence that we belonged to the former class.
As the den was only illuminated99 by a few straggling gleams from the gas-jet outside, we were unable to discriminate100 any object until our eyes grew accustomed to the gloom. While we were in this state of semi-blindness, something stirred. I wondered whether it was a dog or a rat. The doubt was soon resolved. A human form reared itself up from the bench against the wall, where it had been lying, not asleep indeed, but half unconscious; and to our great surprise, it turned out to be Mr. Cattell, who had surrendered to his bail1 at the same time as we did, and had been shivering there ever since ten o'clock. After we left him he continued shivering for three or four hours longer in that black-hole of the Old Bailey, which struck a chill into our very bones even in the brief period of our tenancy, and which could hardly be warmed by any conflagration101 short of the last. It appeared damp as well as cold, and a sinister102 effluvium came from a place of necessity at the back. Six or seven hours' incarceration103 in such a place might injure a strong constitution and seriously damage a weak one. Surely it is scandalous that unconvicted prisoners, some of whom are eventually acquitted104, should suffer this unnecessary hardship and incur105 this unnecessary risk.
Presently our lunch arrived. The platefuls of meat and vegetables had a savory106 smell, our appetites were keen, and our stomachs empty. But a difficulty arose. There were forks, but no knives; those lethal107 instruments being forbidden lest prisoners should attempt to cut their throats. I subsequently had the use of a tin knife in Newgate, but even that, which used to be common in prisons, is now proscribed108. The only carving109 instruments allowed the guests in her Majesty's hotels is a wooden spoon, although the tin knife still lingers in the Houses of Detention110. Among other elaborate precautions against suicide, I found that the prisoners awaiting trial were furnished with quill111 pens. Steel pens had been banished112 after the desperate exploit of one poor wretch113, who had stabbed away at his windpipe with one, and inflicted114 such grave injuries that the officials had great difficulty in saying his life.
But revenons a nos moutons, or rather our forks. We disposed of the vegetables somehow, and as for the meat, we were obliged to split and gnaw115 it after the fashion of our primitive116 ancestors. We drank out of the mouth of the claret bottle, passing it round till it was emptied. It was probably a good honest bottle, but in the circumstances it seemed a despicable fraud. We tried hard for another supply, but we failed. Being anxious to prevent a display of inebriety117 in the dock, or desirous to repress rather than stimulate118 our audacity119, the venerable janitor interposed the most effectual obstacles, and we were constrained120 to reason down the remnant of our thirst, which, if I may infer from my own case, was almost as insensible to argument as the judge himself.
Feeling very cold, we essayed a little exercise. The dimensions of our den, which were three steps each way, did not allow much play for individuality. Erratic121 pedestrianism was clearly dangerous, so we rushed round in Indian file, like braves on the warpath; and, by way of relieving the tedium122, we speculated on the number of laps in a mile. Our proceedings seemed to strike the wild beasts in the opposite den as unaccountable imbecility. They grinned at us through the bars with as much delight as children might evince in the Zoological Gardens at a performance of insane monkeys. But their amusement was suddenly arrested. St. Peter appeared at the gate, flourishing his keys. It was two o'clock.
What a strange sensation it was, mounting those dock stairs! More loudly than my experiences below, it said—"You are a prisoner." The court was densely123 crowded, and as I emerged into it, the sea of faces, suddenly caught en masse, seemed cold and alien. The feeling was only momentary124, but I fancy it resembled the weird125 thrill that must have swept through the ancient captive as he entered the Roman arena126 from his dark lair127, and confronted the vague host of indifferent faces that were to watch his fight for life.
I resumed my address to the jury at two o'clock, and concluded it at four. A considerable portion of that time was spent in altercations128 with the judge, of which I have already given some striking specimens129. Let me now give another. It excited great laughter in court, and I confess the situation was so comic that I could scarcely preserve my own gravity. After quoting a number of "blasphemous" passages from the writings of Professor Clifford, Lord Amberley, Matthew Arnold, the author of "The Evolution of Christianity," Swinburne, Byron and Shelley, I proceeded thus: "Now, gentlemen, I have given you a few illustrations of permitted blasphemy in expensive books, and I will now trouble you with a few instances of permitted blasphemy in cheap publications, which are unmolested because they call themselves Christian, and because those who conduct them are patronised by ecclesiastical dignitaries." Here I produced a copy of the War Cry, in which I had marked a piece of idiotic130 "blasphemy." Judge North scented131 mischief132, and gestured to the officer behind me. But that functionary133 was too deeply interested in the case to make much haste, and, not wishing to be frustrated134, I read as rapidly as I could. Before he could arrest me I had finished the extract. My auditors135 were all convulsed with laughter, except the judge, who was convulsed with rage. As soon as he could articulate he addressed me as follows:
Mr. Justice North: Now, Foote, I am going to put a stop to this.
I will not allow any more of these illustrations of what you
call permitted blasphemy in cheap publications. I decline to
have any more of them put before me.
Mr. Foote: My Lord, I will use them for another purpose, if
you will allow me.
Mr. Justice North: You will not use them here at all, sir.
Mr. Foote: May they not be used, my lord to show that an
equally free use of religious symbols, and religious language,
prevails widely in all classes of literature and society?
Mr. Justice North: No they may not. I decline to hear them
read. They are not in evidence, and I refuse to allow you to
quote from such documents as part of your speech.
Mr. Foote: Well, gentlemen, I will now ask your attention
The fact is, I was perfectly137 satisfied. I had purposely kept the War Cry till the last. It naturally ended my list of citations138, and his lordship's victory was entirely139 specious140.
Those who may wish to read my address in its entirety will find it in "The Three Trials for Blasphemy." For those, however, who are not so curious or so painstaking141, I give here the peroration142 only, to show what sentiments I appealed to in the breasts of the jury, and how far my defence was from boastfulness or servility:
"Gentlemen,—I told you at the outset that you, are the last
Court of Appeal on all questions affecting the liberty of the
press and the right of free speech and Freethought. When I say
under that name: I refer to the great right of Freethought, that
Freethought which is neither so low as a cottage nor so lofty
which over-arches both with equal case. I ask you to affirm
the liberty of the press, to show by your verdict that you
are prepared to give to others the same freedom that you claim
for yourselves. I ask you not to be misled by the statements
that have been thrown out by the prosecution, nor by the authority
by these considerations, but rather to remember that this present
attack is made upon us probably because we are connected with
those who have been struck at again and again by some of the
very persons who are engaged in this prosecution; to remember
that England is growing day by day in its humanity and love
of freedom; and that, as blasphemy has been an offence less
and less proceeded against during the past century, so there
will probably be fewer and fewer proceedings against it in the next.
Indeed, there may never be another prosecution for blasphemy,
and I am sure you would not like to have it weigh on your minds
that you were the instruments of the last act of persecution—
that you were the last jury who sent to be caged like wild
beasts men against whose honesty there has been no charge.
I am quite sure you will not allow yourselves to be made the
and to be subjected to all the indignities151 such punishment involves.
I am sure you will send me, as well as my co-defendants, back
to our homes and friends, who do not think the worse of us
for the position in which we stand: that you will send us,
back to them unstained, giving a verdict of Not Guilty for me
and my co-defendants, instead of a verdict of Guilty for the
prosecution; and thus, as English juries have again and again
The court officials could not stifle155 the burst of applause that greeted my peroration. I had flung all my books and papers aside and faced the jury. I spoke in passionate156 accents. My expression and gestures were doubtless full of that dramatic power which comes of earnest sincerity157. I felt every sentiment I uttered, and I believe I made the jury feel it too, for they were visibly impressed, and their emotion was obviously shared by the crowd of listeners who represented the greater jury of public opinion.
Mr. Ramsey followed me with a speech which he read from manuscript. It occupied half an hour in delivery. It was terse158 and vigorous, and it really covered most of the ground in debate. I listened to it with pleasure as an admirable summary of our position. But it lost much of its force in being read instead of spoken extemporaneously159, and its very virtues160 as a paper were its defects as an address. The points wanted elaboration. Before they had fairly mastered one argument, the jury were hurried on to another. Mr. Ramsey is by no means incapable161 of making a forcible speech, and I think he should have trusted to his power of improvisation162. There was no need for a long effort. He might have concentrated himself on a few salient points of our defence, and pressed them on the jury with all his might. His own sentiments, naturally expressed, in homely163 language, would have had a greater effect than any literary composition. After an experience of three trials, I would give this advice to every man who has to defend himself before a jury on a charge of blasphemy or sedition—"Write out on a sheet of paper the heads of your defence. Number them in the order you think they should be treated, so that your address may have a logical continuity. Fill in your sub-divisions, similarly numbered, under the chief heads, beginning the lines half-way across the page, so as to catch the eye readily. Think every clause out carefully. Fix every illustration in your mind until it becomes almost a fact of memory. Don't write out fine passages and try to remember them verbally. Write nothing; it will only confuse you, unless you have long practised that method. When you have systematised your thoughts, and think your written arrangement is complete, ponder it clause by clause with the paper at hand for constant reference. No matter if your thoughts seem to wander, and the subject appears to grow vague; your mind is dwelling164 on it, and ideas will fructify165 in your mind unconsciously as seeds sprout166 in the dark. When the hour of trial arrives, arm yourself with the familiar paper, trust to your own courage, and speak out. You will have thoughts, and nature will find you words."
Justice North's summing-up was simply a clever and unscrupulous bit of special pleading. Sir Hardinge Giffard had left the court, and his friend on the bench conducted his case for him. He told the jury that I had wasted their time, and indulged in a number of other insults, which might be pardonable in a legal hack167 bent168 on earning his client's fee, but were scarcely consistent with the dignity and impartiality169 of a judge. His tone was even worse than his words. He had no sympathy with us in our desperate effort to defend our liberty against such overwhelming odds170, nor did we solicit147 any; but we had a right to expect him to refrain from constant expressions of antipathy171. That, however, was not the whole of his offence against the rules of justice. He recurred172 to the bad old example of Lord Ellenborough in devoting most of his time to answering my arguments. Lord Coleridge remarked in the Court of Queen's Bench that such a task was not for the judge, but for the counsel on the other side of the case. I wish his lordship had read a lesson to Justice North on that subject before he presided at our trial.
There is only one passage of his summing-up that I wish to criticise173 fully. It contains his statement of the Law of Blasphemy. But as he made a very different statement four days later on at our second trial, I prefer to wait until, by placing these discrepant174 utterances175 together, I can give the reader a fair idea of Justice North's authority as a legal oracle176.
The jury retired177 at five o'clock. Justice North kept his seat, probably fancying they would soon agree to a verdict of Guilty. But as the minutes went by, and the result seemed after all dubious178, he resorted to a paltry trick. Notwithstanding the late hour, he had Mr. Cattell brought into the dock for trial. By procuring179 a verdict against him our jury might be influenced. According to theory, of course, the jury hold no communication with the world while in deliberation; but it is well known that officers of the court have access to them, and tidings of Mr. Cattell's fate could be easily conveyed.
We stepped down the stairs, out of sight but not out of hearing, and made way for Mr. Cattell to take our place in the dock. He was very pale with cold and apprehension180, and too timid to take a seat, he stood with his hands resting on the top ledge. The evidence against him was very brief. Instead of defending himself he had employed counsel. That gentleman admitted the "horrible character of the publication, so eloquently181 denounced by the learned judge." He said that his client could not for a moment think of defending it; in fact, he had only sold it in ignorance, and he would never repeat the offence. On the ground of that ignorance and that promise, it was hoped that the jury would return a verdict of Not Guilty. Mr. Cattell declares that he never instructed his counsel to say anything of the kind; but all I know is that it was said, and that while our cheeks were tingling182 with shame and indignation, he heard it all without a word of protest.
Judge North acted openly as counsel for the prosecution in this trial. There was not the slightest disguise. He took the case completely into his own hands, examined and cross-examined. His summing-up was a disgusting exhibition. Naturally enough the jury returned a verdict of Guilty without leaving the box; but sentence was deferred183 until our jury had also agreed.
By this time, I felt convinced they would not agree, and every minute strengthened my belief. While they deliberated we were all conducted to the subterranean den, where we kept each other in good spirits. St. Peter brought us some water to drink in a dirty tin can. We tasted it, found that a little of it was more than enough, and declined to hazard a further experiment on our health. At last, after two hours and ten minutes' waiting, we were summoned back to the dock. There was profound silence in court, and as the jury filed into their seats a painful sense of expectation pervaded185 the assembly. His lordship said that he had called them into court to see whether he could assist them in any way, and especially by explaining the law to them again. The foreman, in a very quiet, composed manner, replied that they all understood the law, but there was no chance of their agreeing. His lordship invited them to try a further consultation186, to which the foreman replied that it would be useless. "Then," said his lordship, "I am very sorry to say I must discharge you, and have the case tried again." Then, turning to the Clerk of Arraigns187, he added, "I will attend here on Monday and try the case again with a different jury." This was against the ordinary rule of the court, and the sessions had to be prolonged into the next week for our sakes; but his lordship could not deny himself the luxury of sentencing us. He had set his heart on sending us to gaol, and would not be baulked.
We naturally expected to be liberated184 till Monday, and I formally applied188 for a renewal189 of our bail. But his lordship refused my application in the most peremptory190 and insulting manner. I pointed out that I should require a proper opportunity to prepare another defence for the second trial, to which his lordship replied, "You will have the same opportunity then that you have now." He then hurriedly left the bench, and we were in custody191 of the Governor of Newgate. Several friends rushed forward to shake hands with us over the dock rail, and there were loud cries of "Bravo, jury!" Presently we descended to the Inferno again, from which we were conducted by a long subterranean passage to Newgate prison.
Judge North's action was simply vindictive192. Even if we were guilty our offence was only a misdemeanor. We had been out on bail from the beginning of the prosecution, we had duly surrendered to trial, after the jury's disagreement we really stood in a better position than before, and there was not the slightest reason to suppose that we might abscond193. On the other hand, it was clear that we were fighting against long odds. The rich City Corporation was prosecuting us regardless of expense, and their case was conducted by three of the most skilful194 lawyers in London. Reason, justice and humanity, alike demanded that we should enjoy freedom and comfort while marshalling our resources for a fresh battle. Judge North, however, thought otherwise; in his opinion we required a different kind of "opportunity." He locked us up in a prison cell, excluded us from light and air, deprived us of all communication with each other, and debarred us from all intercourse195 with the outside world except during fifteen minutes each day through an iron grating. Such malignity196 is an unpardonable crime in a judge. There may have been some bad criminals in Newgate when I entered it, but I would rather have embraced the worst of them than have touched the hand of Judge North.
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1
bail
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| v.舀（水），保释；n.保证金，保释，保释人 | |
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ledge
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| n.壁架，架状突出物；岩架，岩礁 | |
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3
benevolent
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| adj.仁慈的，乐善好施的 | |
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crammed
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| adj.塞满的，挤满的；大口地吃；快速贪婪地吃v.把…塞满；填入；临时抱佛脚( cram的过去式) | |
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wigs
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| n.假发，法官帽( wig的名词复数 ) | |
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prosecution
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| n.起诉，告发，检举，执行，经营 | |
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huddled
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| 挤在一起（huddle的过去式与过去分词形式） | |
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countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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insolent
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| adj.傲慢的，无理的 | |
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peremptorily
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| adv.紧急地，不容分说地，专横地 | |
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omniscience
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| n.全知，全知者，上帝 | |
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foul
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| adj.污秽的；邪恶的；v.弄脏；妨害；犯规；n.犯规 | |
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supplicating
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| v.祈求，哀求，恳求( supplicate的现在分词 ) | |
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depressed
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| adj.沮丧的，抑郁的，不景气的，萧条的 | |
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prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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16
defiance
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| n.挑战，挑衅，蔑视，违抗 | |
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17
remarkably
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| ad.不同寻常地，相当地 | |
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18
astute
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| adj.机敏的，精明的 | |
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19
blasphemy
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| n.亵渎，渎神 | |
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spoke
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| n.（车轮的）辐条；轮辐；破坏某人的计划；阻挠某人的行动 v.讲，谈（speak的过去式）；说；演说；从某种观点来说 | |
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21
ridiculing
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| v.嘲笑，嘲弄，奚落( ridicule的现在分词 ) | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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23
outrage
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| n.暴行，侮辱，愤怒；vt.凌辱，激怒 | |
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24
decency
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| n.体面，得体，合宜，正派，庄重 | |
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25
blasphemous
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| adj.亵渎神明的，不敬神的 | |
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26
forefinger
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| n.食指 | |
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27
subdued
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| adj. 屈服的，柔和的，减弱的 动词subdue的过去式和过去分词 | |
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28
exhausted
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| adj.极其疲惫的，精疲力尽的 | |
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29
callous
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| adj.无情的，冷淡的，硬结的，起老茧的 | |
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30
appalling
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| adj.骇人听闻的，令人震惊的，可怕的 | |
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31
den
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| n.兽穴；秘密地方；安静的小房间，私室 | |
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32
scavenger
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| n.以腐尸为食的动物，清扫工 | |
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33
adjourn
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| v.（使）休会，（使）休庭 | |
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34
unwilling
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| adj.不情愿的 | |
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adjournment
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| 休会； 延期； 休会期； 休庭期 | |
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luncheon
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| n.午宴，午餐，便宴 | |
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37
imprisonment
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| n.关押，监禁，坐牢 | |
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38
kindly
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| adj.和蔼的，温和的，爽快的；adv.温和地，亲切地 | |
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39
fully
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| adv.完全地，全部地，彻底地；充分地 | |
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40
dominions
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| 统治权( dominion的名词复数 )； 领土； 疆土； 版图 | |
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41
creed
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| n.信条；信念，纲领 | |
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42
offenders
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| n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物） | |
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43
sect
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| n.派别，宗教，学派，派系 | |
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44
pointed
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| adj.尖的，直截了当的 | |
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45
desecrating
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| 毁坏或亵渎( desecrate的现在分词 ) | |
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46
breach
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| n.违反，不履行；破裂；vt.冲破，攻破 | |
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47
salvation
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| n.（尤指基督）救世，超度，拯救，解困 | |
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48
imprisoned
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| 下狱，监禁( imprison的过去式和过去分词 ) | |
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49
initiated
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| n. 创始人 adj. 新加入的 vt. 开始，创始，启蒙，介绍加入 | |
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50
prudently
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| adv. 谨慎地，慎重地 | |
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51
altercation
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| n.争吵，争论 | |
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52
heresy
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| n.异端邪说；异教 | |
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53
abounded
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| v.大量存在，充满，富于( abound的过去式和过去分词 ) | |
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54
alleged
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| a.被指控的，嫌疑的 | |
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55
precisely
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| adv.恰好，正好，精确地，细致地 | |
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56
aesthetically
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| adv.美地，艺术地 | |
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57
aesthetic
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| adj.美学的，审美的，有美感 | |
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58
breaches
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| 破坏( breach的名词复数 )； 破裂； 缺口； 违背 | |
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59
autobiography
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| n.自传 | |
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60
proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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61
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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62
defendant
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| n.被告；adj.处于被告地位的 | |
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63
defendants
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| 被告( defendant的名词复数 ) | |
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64
adverse
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| adj.不利的；有害的；敌对的，不友好的 | |
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65
mere
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| adj.纯粹的；仅仅，只不过 | |
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66
justify
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| vt.证明…正当(或有理)，为…辩护 | |
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67
justificatory
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| 起辩护作用的，用以辩解的 | |
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68
distinguished
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| adj.卓越的，杰出的，著名的 | |
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69
justification
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| n.正当的理由；辩解的理由 | |
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70
interfere
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| v.(in)干涉，干预；(with)妨碍，打扰 | |
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71
concession
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| n.让步，妥协；特许(权) | |
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72
specimen
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| n.样本，标本 | |
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73
nay
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| adv.不；n.反对票，投反对票者 | |
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74
legitimate
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| adj.合法的，合理的，合乎逻辑的；v.使合法 | |
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75
conversed
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| v.交谈，谈话( converse的过去式 ) | |
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76
utterly
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| adv.完全地，绝对地 | |
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77
eccentricities
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| n.古怪行为( eccentricity的名词复数 )；反常；怪癖 | |
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78
standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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79
statutes
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| 成文法( statute的名词复数 )； 法令； 法规； 章程 | |
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80
enacted
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| 制定（法律），通过（法案）( enact的过去式和过去分词 ) | |
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81
prosecutors
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| 检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人 | |
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82
paltry
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| adj.无价值的，微不足道的 | |
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83
adjourned
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| （使）休会， （使）休庭( adjourn的过去式和过去分词 ) | |
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84
refreshment
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| n.恢复，精神爽快，提神之事物；（复数）refreshments:点心，茶点 | |
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85
pending
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| prep.直到，等待…期间；adj.待定的；迫近的 | |
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86
descended
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| a.为...后裔的，出身于...的 | |
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87
subterranean
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| adj.地下的，地表下的 | |
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88
mingled
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| 混合，混入( mingle的过去式和过去分词 )； 混进，与…交往[联系] | |
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89
astonishment
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| n.惊奇，惊异 | |
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90
gaol
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| n.(jail)监狱；(不加冠词)监禁；vt.使…坐牢 | |
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91
miserable
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| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
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92
cowering
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| v.畏缩，抖缩( cower的现在分词 ) | |
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93
throbbing
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| a. 跳动的,悸动的 | |
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94
ushered
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| v.引，领，陪同( usher的过去式和过去分词 ) | |
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aged
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| adj.年老的，陈年的 | |
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96
janitor
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| n.看门人，管门人 | |
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97
descending
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| n. 下行 adj. 下降的 | |
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98
inferno
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| n.火海；地狱般的场所 | |
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99
illuminated
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| adj.被照明的；受启迪的 | |
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100
discriminate
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| v.区别，辨别，区分；有区别地对待 | |
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101
conflagration
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| n.建筑物或森林大火 | |
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102
sinister
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| adj.不吉利的，凶恶的，左边的 | |
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103
incarceration
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| n.监禁，禁闭；钳闭 | |
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104
acquitted
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| 宣判…无罪( acquit的过去式和过去分词 )； 使（自己）作出某种表现 | |
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105
incur
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| vt.招致，蒙受，遭遇 | |
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106
savory
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| adj.风味极佳的，可口的，味香的 | |
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107
lethal
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| adj.致死的；毁灭性的 | |
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108
proscribed
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| v.正式宣布（某事物）有危险或被禁止( proscribe的过去式和过去分词 ) | |
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109
carving
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| n.雕刻品，雕花 | |
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110
detention
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| n.滞留，停留；拘留，扣留；(教育)留下 | |
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111
quill
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| n.羽毛管；v.给（织物或衣服）作皱褶 | |
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112
banished
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| v.放逐，驱逐( banish的过去式和过去分词 ) | |
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113
wretch
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| n.可怜的人，不幸的人；卑鄙的人 | |
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114
inflicted
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| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
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115
gnaw
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| v.不断地啃、咬；使苦恼，折磨 | |
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116
primitive
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| adj.原始的；简单的；n.原(始)人，原始事物 | |
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117
inebriety
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| n.醉，陶醉 | |
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118
stimulate
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| vt.刺激，使兴奋；激励，使…振奋 | |
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119
audacity
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| n.大胆，卤莽，无礼 | |
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120
constrained
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| adj.束缚的,节制的 | |
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erratic
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| adj.古怪的，反复无常的，不稳定的 | |
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122
tedium
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| n.单调；烦闷 | |
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123
densely
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| ad.密集地；浓厚地 | |
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124
momentary
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| adj.片刻的，瞬息的；短暂的 | |
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weird
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| adj.古怪的，离奇的；怪诞的，神秘而可怕的 | |
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126
arena
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| n.竞技场，运动场所；竞争场所，舞台 | |
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127
lair
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| n.野兽的巢穴；躲藏处 | |
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128
altercations
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| n.争辩，争吵( altercation的名词复数 ) | |
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129
specimens
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| n.样品( specimen的名词复数 )；范例；（化验的）抽样；某种类型的人 | |
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idiotic
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| adj.白痴的 | |
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131
scented
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| adj.有香味的；洒香水的；有气味的v.嗅到(scent的过去分词) | |
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132
mischief
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| n.损害，伤害，危害；恶作剧，捣蛋，胡闹 | |
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functionary
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| n.官员；公职人员 | |
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134
frustrated
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| adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧 | |
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135
auditors
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| n.审计员，稽核员( auditor的名词复数 )；（大学课程的）旁听生 | |
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136
briefly
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| adv.简单地，简短地 | |
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137
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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138
citations
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| n.引用( citation的名词复数 )；引证；引文；表扬 | |
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139
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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140
specious
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| adj.似是而非的；adv.似是而非地 | |
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141
painstaking
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| adj.苦干的；艰苦的，费力的，刻苦的 | |
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peroration
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| n.（演说等之）结论 | |
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143
doctrines
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| n.教条( doctrine的名词复数 )；教义；学说；（政府政策的）正式声明 | |
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azure
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| adj.天蓝色的，蔚蓝色的 | |
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vault
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| n.拱形圆顶，地窖，地下室 | |
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mighty
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| adj.强有力的；巨大的 | |
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solicit
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| vi.勾引；乞求；vt.请求，乞求；招揽(生意) | |
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solicitor
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| n.初级律师，事务律师 | |
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149
prosecute
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| vt.告发；进行；vi.告发，起诉，作检察官 | |
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150
herd
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| n.兽群，牧群；vt.使集中，把…赶在一起 | |
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indignities
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| n.侮辱，轻蔑( indignity的名词复数 ) | |
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152
vindicate
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| v.为…辩护或辩解，辩明；证明…正确 | |
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153
factions
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| 组织中的小派别，派系( faction的名词复数 ) | |
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154
impugn
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| v.指责，对…表示怀疑 | |
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stifle
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| vt.使窒息；闷死；扼杀；抑止，阻止 | |
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passionate
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| adj.热情的，热烈的，激昂的，易动情的，易怒的，性情暴躁的 | |
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157
sincerity
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| n.真诚，诚意；真实 | |
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terse
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| adj.(说话，文笔)精炼的，简明的 | |
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extemporaneously
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160
virtues
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| 美德( virtue的名词复数 )； 德行； 优点； 长处 | |
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incapable
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| adj.无能力的，不能做某事的 | |
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improvisation
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| n.即席演奏(或演唱)；即兴创作 | |
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homely
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| adj.家常的，简朴的；不漂亮的 | |
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164
dwelling
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| n.住宅，住所，寓所 | |
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165
fructify
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| v.结果实；使土地肥沃 | |
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166
sprout
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| n.芽，萌芽；vt.使发芽，摘去芽；vi.长芽，抽条 | |
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hack
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| n.劈，砍，出租马车；v.劈，砍，干咳 | |
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bent
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| n.爱好，癖好；adj.弯的；决心的，一心的 | |
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169
impartiality
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| n. 公平, 无私, 不偏 | |
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170
odds
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| n.让步，机率，可能性，比率；胜败优劣之别 | |
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171
antipathy
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| n.憎恶；反感，引起反感的人或事物 | |
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172
recurred
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| 再发生，复发( recur的过去式和过去分词 )； 治愈 | |
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173
criticise
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| v.批评，评论；非难 | |
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174
discrepant
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| 差异的 | |
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175
utterances
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| n.发声( utterance的名词复数 )；说话方式；语调；言论 | |
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176
oracle
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| n.神谕，神谕处，预言 | |
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177
retired
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| adj.隐退的，退休的，退役的 | |
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178
dubious
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| adj.怀疑的，无把握的；有问题的，靠不住的 | |
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179
procuring
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| v.（努力）取得， （设法）获得( procure的现在分词 )；拉皮条 | |
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apprehension
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| n.理解，领悟；逮捕，拘捕；忧虑 | |
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181
eloquently
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| adv. 雄辩地(有口才地, 富于表情地) | |
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182
tingling
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| v.有刺痛感( tingle的现在分词 ) | |
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183
deferred
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| adj.延期的，缓召的v.拖延，延缓，推迟( defer的过去式和过去分词 )；服从某人的意愿，遵从 | |
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184
liberated
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| a.无拘束的，放纵的 | |
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185
pervaded
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| v.遍及，弥漫( pervade的过去式和过去分词 ) | |
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186
consultation
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| n.咨询；商量；商议；会议 | |
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187
arraigns
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| v.告发( arraign的第三人称单数 )；控告；传讯；指责 | |
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188
applied
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| adj.应用的；v.应用，适用 | |
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189
renewal
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| adj.(契约)延期，续订，更新，复活，重来 | |
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190
peremptory
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| adj.紧急的，专横的，断然的 | |
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191
custody
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| n.监护，照看，羁押，拘留 | |
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192
vindictive
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| adj.有报仇心的，怀恨的，惩罚的 | |
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193
abscond
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| v.潜逃，逃亡 | |
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194
skilful
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| (=skillful)adj.灵巧的，熟练的 | |
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195
intercourse
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| n.性交；交流，交往，交际 | |
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196
malignity
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| n.极度的恶意，恶毒；（病的）恶性 | |
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