Then ensued a bit of comedy between Judge North and Sir Hardinge Giffard, who both assumed a wonderful air of impartiality6.
"Judge North: Sir Hardinge, is it not better to withdraw this
juryman at once? Whatever the verdict of the jury, I should be
sorry to have a man among them who had expressed himself as
prejudiced.
Sir Hardinge Giffard: Oh yes, my lord; I withdraw him. It will
be much more satisfactory to the Crown and everybody else concerned."
"I withdraw him," says Sir Hardinge; "I should be sorry to have him," says the Judge; both evidently feeling that they were making a generous concession8 in the interests of justice. But as a matter of fact they had no choice. Mr. Thomas Jackson could no more sit on that jury after my challenge than he could fly over the moon. I smiled at the pretended generosity9 of these legal cronies, and said to myself, "Thank you for nothing."
Mr. Thomas Jackson's exit made no practical difference. I felt, I will not say that the jury was packed, but that it was admirably adapted to the end in view. Ours being the only case for trial that day, it was not difficult to accomplish this result. A friend of mine said to one of the officers of the court before I entered the dock, "Well, how is the case going to-day?" "Oh," was the prompt reply, "they are sure to convict." He knew the character of the jury.
Some of the "twelve men and true" had not even the decency10 to attend to the proceedings11. One was timed by a friend in court—dead asleep for sixty minutes. When that juryman awoke his mind was made up on the case. At the conclusion of a trial that lasted over six hours they did not even retire for consultation12. They stood up, faced each other, muttered together for about a minute, nodded their heads affirmatively, and then sat down and gave a verdict of guilty.
Several of the jury, however, I am bound to admit, had no idea that Judge North would inflict13 upon us such infamous14 sentences, and they were quite shocked at the consequences of their verdict. Four of them subsequently signed the memorial for our release. A fifth juryman vehemently15 declined to do so. "No," he said, "not I. I'm a man of principle! They got off too easy. Two years' hard labor16 wouldn't have been a bit too much." This pious17 gentleman is a publican in Soho, and bears the name of a famous murderer, Wainwright.
But to return. Mr. Ramsey and I were represented this time on all legal points by counsel. Mr. Cluer watched our interests vigilantly18, and performed a difficult task with great courage and judgment19. He bore Judge North's insults with wonderful patience. "Don't mind what you think about, it, Mr. Cluer," "I don't want you to tell me what you think;" such were the flowers of courtesy strewed20 from the bench upon Mr. Cluer's path. Our counsel's colleague in the case was Mr. Horace Avory, who represented Mr. Kemp. He also had a somewhat onerous21 duty to perform.
There is no need to deal with the technical evidence against us. It was of the usual character, and we merely cross-examined the witnesses as a matter of form. One thing was brought out clearly. Sir Henry Tyler's solicitors22 were aiding Sir Thomas Nelson, and their clerks were produced as witnesses against us.
Judge North's reception of evidence was peculiar23. Knowing that there was no Court of Criminal Appeal, he set the rules of procedure at defiance24. Any tittle-tattle was admitted, and postmen and servants were allowed to swear as to the directions on unproduced documents alleged25 to have been addressed to me. When, several weeks later, I was tried a third time in the Court of Queen's Bench, I heard Lord Coleridge rebuke26 the prosecuting27 counsel for attempting to put questions against which Judge North would hear no objection. I understand now how much prisoners are at the mercy of judges, and I feel how much truth there was in the remark I once heard from a prisoner in Holloway Gaol28, that "it's often a toss up whether you get one year or seven."
Let me here also ask why Mr. Fawcett, the late Postmaster General, allowed his letter-carriers to be employed as detectives in such a case. It was proved in evidence that a policeman had called at the West-Central Post Office, and obtained an interview with the manager, after which the letter-carriers were instructed to spy upon my correspondence. Mr. Fawcett subsequently denied that the letter-carriers had ever been so instructed; but in that case the Post Office witnesses must have committed perjury29. I do not believe it. I am confident that they merely obeyed orders, and that the scandalous abuse of a public trust must be charged upon the district postmaster, who probably thinks any weapon is legitimate30 against Freethinkers. As Mr. Fawcett refused to censure31 the postmaster for exceeding his duty, or the letter-carrier for committing perjury, I cannot hold him altogether guiltless in the matter.
In opening my defence I took care to accentuate32 my appreciation33 of Judge North's kindness, as the following passage will show:
"Gentlemen of the Jury,—I stand in a position of great difficulty
and disadvantage. On Thursday last I defended myself against
the very same charges in the very same indictment34. The case
two hours without being able to come to an agreement. They
were then discharged, and the learned judge said he would try
the case again on Monday with a new jury. As I had been out
learned judge to renew my bail, but he refused. I pleaded that
I should have no opportunity to prepare my defence, and I was
peremptorily told I should have the same opportunity as I had
had that day. Well, gentlemen, I have enjoyed the learned judge's
opportunity. I have spent all the weary hours since Thursday,
with the exception of the three allowed for bodily exercise
and so dark that I could neither write nor read at midday without
sounds of prison life. And in these trying and depressing
circumstances I have had to prepare to defend myself in a new
trial against two junior counsel and a senior counsel, who have
had no difficulties to contend with, who have behind them the
wealth and authority of the greatest and richest Corporation
in the world, and who might even walk out of court in the
perfect assurance that the prosecution40 would not be allowed
to suffer in their absence."
Those who wish to read the whole of my defence, which lasted over two hours, will find it in the "Three Trials for Blasphemy41." One portion of it, at least, is likely to be of permanent interest. With Mr. Wheeler's aid I drew up a long list of the abusive epithets42 applied43 by Christian44 controversialists to their Pagan opponents or to each other. It fills more than two pages of small type, and pretty nearly exhausts the vocabulary of vituperation. I added a few pearls of orthodox abuse of Atheism45, and then asked the jury whether Christians46 had taught Freethinkers to show respect for their opponents' feelings. "Nobody in this country," I continued, "whatever his religion, is called upon to respect the feelings of anybody else. It is only the Freethinker who is told to respect the feelings of people from whom he differs. And to respect them how? Not when he enters their places of worship, not when he stands side by side with them in the business and pleasures of life, but when he reads what is written for Freethinkers without knowing that a pair of Christian eyes will ever scan the page."
It may be asked why I adopted a course so little likely to conciliate my judges. My reply is that I did not try to conciliate them. Feeling convinced that their verdict was already settled, and that my fate was sealed, I cast all such considerations aside, and deliberately47 made a speech for my own party. I was resolved that my loss should be the gain of Freethought. The peroration48 is the only other part of my defence I shall venture to quote. It ran as follows:
centuries and a half. You are in Jerusalem. A young Jew is
haled along the street to the place of judgment. He stands
before his judge; he is accused—of what, gentlemen? You
know what he is accused of—the word must be springing to
your lips—Blasphemy! Every Christian among you knows that
with blasphemy. Gentlemen, it seems to me that no Christian
should ever find a man guilty of blasphemy after that, but
that the very word ought to be wiped from your vocabulary,
as a reproach and a scandal. Christians, your founder was
murdered as a blasphemer, for, although done judicially52, it
was still a murder. Surely then you will not, when you have
secured the possession of power, imitate the bad example of
those who killed your founder, violate men's liberties, rob
them of all that is perhaps dearest to them, and brand them
Surely gentlemen, it is impossible that you can do that! Who
are we? Three poor men. Are we wicked? No, there is no proof
of the charge. Our honor and honesty are unimpeached. It is
not for us to play the Pharisee and say that we are better than
other men. We only say that we are no worse. What have we
homes and submitted to the indignities56 of a life so loathsome
who have to exercise authority within the precincts of the gaol?
You know we have done nothing to merit such a punishment.
Gentlemen, you ought to return a verdict of Not Guilty against
us, because the prosecution have not given you sufficient
gained from the decisions of judges in the past must be treated
Maintenance; because we have done nothing, as the indictment
states, against the peace; because our proceedings have led
of any man, his person or property; because no evidence has
to that of which we stand accused now; and, lastly, because
you should in this third quarter of the nineteenth century
assert once and for ever the great principle of the absolute
others. I ask you to assert the great principle of the liberty
of the press, liberty of the platform, liberty of thought and
liberty of speech; I ask you to prevent such prosecutions66 as
are hinted at in the Times this morning; I ask you not to
and flying to the magistrates71 to settle questions which should
be settled by intellectual and moral suasion; I ask you not
to open a discreditable chapter of English history that ought
to have been closed for ever; I ask you to give us a verdict
of Not Guilty, to send us back to our homes and to stamp your
brand of disapprobation on this prosecution, which is degrading
and loathsome; I ask you to let us go away from here free men,
and so make it impossible that there ever should again be a
and grand principle of liberty which is broader than all the
skies; a principle so high that no temple could be lofty enough
for its worship; that grand principle which should rule over
all—the principle of the equal right and the equal liberty
of all men. That is the principle I ask you to assert by your
verdict of Not Guilty. Gentlemen, I ask you to close this
discreditable chapter of persecution75 once and for ever, and
associate your names on the page of history with liberty,
to the consciences and hearts of men."
When I sat down there was a burst of applause, which the court officials were unable to suppress. Mr. Ramsey followed with another written speech, well composed and very much to the point. I noticed some of his auditors77 outside the jury-box choking down their emotion as he touchingly78 referred to his sleepless79 nights in Newgate through thinking of wife and child. His Lordship, I observed only smiled bitterly.
Judge North's summing up was a fraudulent performance. He told the jury that the consent of the Attorney-General had to be obtained for our prosecution, as well as that of the Public Prosecutor80, which was a downright falsehood, unless it was a piece of sheer ignorance. He pretended to read the whole chapter on Offences against Religion in Sir James Stephen's "Digest of the Criminal Law," while in reality he deliberately omitted the very paragraph which damned his contention81 and supported mine. He also produced a new statement of the Law of Blasphemy to suit the occasion. On the previous Thursday he told the jury that any denial of the existence of Deity82 or of Providence83 was blasphemy. But in the meantime the public press had condemned84 this interpretation85 of the law as dangerous to high-class heretics. His lordship, therefore, expounded86 the law afresh, so as to exempt87 them while including us. The only question he now submitted to the jury was, "Are any of those passages put before you calculated to expose to ridicule88, contempt or derision the Holy Scriptures90 or the Christian religion?" This amended91 statement of the Law of Blasphemy went directly in the teeth of our Indictment, which charged us with bringing Holy Scripture89 and the Christian Religion into disbelief as well as contempt. The fact is, blasphemy is a judge-made crime, and the "blasphemer's" fate depends very largely on who tries him. Lord Coleridge holds one view of the law, Sir James Stephen another, and Justice North another still. Nay92, the last judge differs even from himself. He can give two various definitions of the law in five days, no doubt on the principle that circumstances alter cases, and that what is true for one purpose may be false for another.
I have said that the jury, with indecent haste, returned a verdict of Guilty. The crowd of people in court were evidently surprised at the result, although I was not, and they gave vent49 to groans93 and hisses94. The tumult was indescribable. Suddenly there rang out from the gallery overhead the agonising cry of my young wife, whom I had implored95 not to come, and whose presence there I never suspected. She had crept in and listened all day to my trial, never leaving her seat for fear of losing it; and now, overwearied and faint for want of food, she reeled under the heavy blow. My heart leaped at the sound; my brain reeled; the scene around me swam in confusion—judge, jury, lawyers and spectators all shifting like the pieces in a kaleidoscope; my very frame seemed expanding and dissolving in space. The feeling lasted only a moment. Yet to me how long! With a tremendous effort I crushed down my emotions, and the next moment I was mentally as calm as an Alp, although physically96 I quivered like a race-horse sharply reined97 up in mid-gallop by an iron hand. My wife I could not help, but I could still maintain the honor and dignity of Freethought.
Order was at length restored after his lordship had threatened to clear the court. Mr. Avory then asked him to deal leniently98 with Mr. Kemp, who was merely a paid servant of ours, and in no other way actually responsible for the incriminated publication. Justice North listened with ill-concealed impatience99. He was obviously anxious to flesh the sword of justice in his helpless victims. Directly Mr. Avory finished he began to pronounce the following sentence on me, and while he spoke100 there was deadly silence in that crowded court:—
"George William Foote, you have been found Guilty by the jury
of publishing these blasphemous101 libels. This trial has been
to me a very painful one. I regret extremely to find a person
of your undoubted intelligence, a man gifted by God with such
great ability, should have chosen to prostitute his talents to
the service of the Devil. I consider this paper totally different
from any of the works you have brought before me in every way,
and the sentence I now pass upon you is one of imprisonment102 for
twelve calendar months."
Twelve months! It was longer than I expected, but what matter? My indifference103, however, was not shared by the crowd. They rose, and as the reporter said, "burst forth104 into a storm of hissing105, groaning106, and derisive107 cries." "Damn Christianity!" I heard one shout, and "Scroggs" and "Jeffries" were flung at the judge, who seemed at first to enjoy the scene, although he grew alarmed as the tumult increased. "Clear the gallery," he cried, and the police burst in among the people. But before they did their work something happened. From the first I resolved, if I were found guilty and sentenced to imprisonment, that I would say something before leaving the dock. My first impulse was to hurl69 at the judge a few words of passionate108 indignation. But I reflected "No! I have been tried and condemned for ridiculing109 superstition110. Sarcasm111 is Blasphemy. Well then, let me sustain my character to the end. I will leave with a stinging Freethinker sentence on my lips." Raising my hand, I obtained a moment's silence. Then I folded my arms and surveyed the judge. Our eyes flashed mutual112 enmity for a few seconds, until with a scornful smile and a mock bow I said, "Thank you, my lord; the sentence is worthy113 of your creed."
That retort has frequently been cited. It was a happy inspiration, and the more I ponder it the more profoundly I feel that it was exactly the right thing to say.
The officers behind gave me a pressing invitation to descend114 the dock stairs, and I complied. For a long time I waited in one of the little dens115 I have already described, pacing up and down, revolving116 many thoughts, and wondering what detained my companions. The fact is, the police had a great deal of trouble in executing the judge's orders, and some time elapsed before he could strike Mr. Ramsey and Mr. Kemp. Meanwhile I could hear through the earth and the brick walls the roar of that indignant crowd which filled the street and suspended traffic, and I knew it was the first sound of public opinion reversing my unjust sentence.
Consider it for a moment. There is no allusion117 to outraged118 feelings, much less any suggestion of "indecency." It is a plain declaration of theological hatred119; it breathes the spirit which animated the Grand Inquisitors when they sentenced heretics to be burnt to ashes at the stake. "Listen," says the judge. "I am on God's side. You are on the Devil's. God doesn't see you, but I do; God doesn't punish you, but I will. We have hells on earth for you Freethinkers, in the shape of Christian gaols120, and to hell you go!"
Presently Mr. Ramsey came down with nine months on his back, and then Mr. Kemp with three. They had my sentence between them. Mr. Cattell afterwards joined us without any sentence. He was ordered to enter into his own recognisances in L200, and to find one surety in L100, to come up for judgment when called upon.
People have wondered on what principle Judge North determined121 our sentences. One theory is that he punished us according to the amount of his time we occupied. I made a long speech and got twelve months; Mr. Ramsey made a short speech and got nine; Mr. Kemp made no speech and got only three; while Mr. Cattell cried Peccavi and got off with a caution.
"Ready," cried the old janitor122, in response to a distant voice. Our den7 was unlocked and we were marched back to Newgate for the last time.
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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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2
impartial
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| adj.(in,to)公正的，无偏见的 | |
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3
guardians
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| 监护人( guardian的名词复数 )； 保护者，维护者 | |
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4
adverse
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| adj.不利的；有害的；敌对的，不友好的 | |
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defendants
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| 被告( defendant的名词复数 ) | |
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6
impartiality
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| n. 公平, 无私, 不偏 | |
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7
den
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| n.兽穴；秘密地方；安静的小房间，私室 | |
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8
concession
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| n.让步，妥协；特许(权) | |
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9
generosity
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| n.大度，慷慨，慷慨的行为 | |
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10
decency
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| n.体面，得体，合宜，正派，庄重 | |
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11
proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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12
consultation
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| n.咨询；商量；商议；会议 | |
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13
inflict
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| vt.(on)把…强加给，使遭受，使承担 | |
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14
infamous
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| adj.声名狼藉的，臭名昭著的，邪恶的 | |
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15
vehemently
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| adv. 热烈地 | |
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16
labor
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| n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦 | |
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17
pious
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| adj.虔诚的；道貌岸然的 | |
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18
vigilantly
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| adv.警觉地，警惕地 | |
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19
judgment
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| n.审判；判断力，识别力，看法，意见 | |
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20
strewed
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| v.撒在…上( strew的过去式和过去分词 )；散落于；点缀；撒满 | |
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21
onerous
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| adj.繁重的 | |
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22
solicitors
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| 初级律师( solicitor的名词复数 ) | |
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23
peculiar
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| adj.古怪的，异常的；特殊的，特有的 | |
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24
defiance
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| n.挑战，挑衅，蔑视，违抗 | |
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25
alleged
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| a.被指控的，嫌疑的 | |
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26
rebuke
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| v.指责，非难，斥责 [反]praise | |
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27
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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28
gaol
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| n.(jail)监狱；(不加冠词)监禁；vt.使…坐牢 | |
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29
perjury
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| n.伪证；伪证罪 | |
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30
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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31
censure
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| v./n.责备；非难；责难 | |
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32
accentuate
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| v.着重，强调 | |
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33
appreciation
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| n.评价；欣赏；感谢；领会，理解；价格上涨 | |
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34
indictment
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| n.起诉；诉状 | |
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35
retired
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| adj.隐退的，退休的，退役的 | |
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36
abortive
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| adj.不成功的，发育不全的 | |
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interval
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| n.间隔，间距；幕间休息，中场休息 | |
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animated
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| adj.生气勃勃的，活跃的，愉快的 | |
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loathsome
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| adj.讨厌的，令人厌恶的 | |
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40
prosecution
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| n.起诉，告发，检举，执行，经营 | |
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blasphemy
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| n.亵渎，渎神 | |
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epithets
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| n.（表示性质、特征等的）词语( epithet的名词复数 ) | |
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applied
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| adj.应用的；v.应用，适用 | |
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Christian
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| adj.基督教徒的；n.基督教徒 | |
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45
atheism
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| n.无神论，不信神 | |
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Christians
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| n.基督教徒( Christian的名词复数 ) | |
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47
deliberately
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| adv.审慎地；蓄意地；故意地 | |
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48
peroration
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| n.（演说等之）结论 | |
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49
vent
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| n.通风口，排放口；开衩；vt.表达，发泄 | |
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50
chasm
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| n.深坑，断层，裂口，大分岐，利害冲突 | |
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51
Founder
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| n.创始者，缔造者 | |
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52
judicially
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| 依法判决地，公平地 | |
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stigma
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| n.耻辱，污名；(花的)柱头 | |
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54
infamy
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| n.声名狼藉，出丑，恶行 | |
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55
felons
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| n.重罪犯( felon的名词复数 )；瘭疽；甲沟炎；指头脓炎 | |
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56
indignities
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| n.侮辱，轻蔑( indignity的名词复数 ) | |
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57
hideous
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| adj.丑陋的，可憎的，可怕的，恐怖的 | |
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58
bigotry
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| n.偏见，偏执，持偏见的行为[态度]等 | |
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59
obsolete
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| adj.已废弃的，过时的 | |
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60
magistrate
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| n.地方行政官，地方法官，治安官 | |
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61
tumult
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| n.喧哗；激动，混乱；吵闹 | |
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62
malice
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| n.恶意，怨恨，蓄意；[律]预谋 | |
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63
motive
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| n.动机，目的；adv.发动的，运动的 | |
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64
creed
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| n.信条；信念，纲领 | |
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65
trench
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| n./v.(挖)沟，(挖)战壕 | |
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66
prosecutions
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| 起诉( prosecution的名词复数 )； 原告； 实施； 从事 | |
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sects
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| n.宗派，教派( sect的名词复数 ) | |
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68
hurling
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| n.爱尔兰式曲棍球v.猛投，用力掷( hurl的现在分词 )；大声叫骂 | |
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hurl
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| vt.猛投，力掷，声叫骂 | |
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70
anathemas
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| n.（天主教的）革出教门( anathema的名词复数 )；诅咒；令人极其讨厌的事；被基督教诅咒的人或事 | |
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71
magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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penal
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| adj.刑罚的；刑法上的 | |
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73
inscribed
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| v.写，刻( inscribe的过去式和过去分词 )；内接 | |
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decided
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| adj.决定了的，坚决的；明显的，明确的 | |
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75
persecution
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| n. 迫害,烦扰 | |
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76
dignified
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| a.可敬的，高贵的 | |
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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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touchingly
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| adv.令人同情地，感人地，动人地 | |
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sleepless
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| adj.不睡眠的，睡不著的，不休息的 | |
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prosecutor
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| n.起诉人；检察官，公诉人 | |
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contention
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| n.争论，争辩，论战；论点，主张 | |
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deity
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| n.神，神性；被奉若神明的人(或物) | |
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providence
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| n.深谋远虑，天道，天意；远见；节约；上帝 | |
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84
condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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interpretation
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| n.解释，说明，描述；艺术处理 | |
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expounded
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| 论述，详细讲解( expound的过去式和过去分词 ) | |
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exempt
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| adj.免除的；v.使免除；n.免税者，被免除义务者 | |
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ridicule
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| v.讥讽，挖苦；n.嘲弄 | |
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89
scripture
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| n.经文，圣书，手稿；Scripture:(常用复数)《圣经》，《圣经》中的一段 | |
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90
scriptures
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| 经文，圣典( scripture的名词复数 )； 经典 | |
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Amended
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| adj. 修正的 动词amend的过去式和过去分词 | |
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92
nay
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| adv.不；n.反对票，投反对票者 | |
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groans
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| n.呻吟，叹息( groan的名词复数 )；呻吟般的声音v.呻吟( groan的第三人称单数 )；发牢骚；抱怨；受苦 | |
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hisses
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| 嘶嘶声( hiss的名词复数 ) | |
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implored
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| 恳求或乞求（某人）( implore的过去式和过去分词 ) | |
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physically
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| adj.物质上，体格上，身体上，按自然规律 | |
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reined
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| 勒缰绳使（马）停步( rein的过去式和过去分词 )； 驾驭； 严格控制； 加强管理 | |
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leniently
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| 温和地，仁慈地 | |
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99
impatience
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| n.不耐烦，急躁 | |
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100
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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blasphemous
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| adj.亵渎神明的，不敬神的 | |
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102
imprisonment
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| n.关押，监禁，坐牢 | |
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103
indifference
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| n.不感兴趣，不关心，冷淡，不在乎 | |
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forth
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| adv.向前；向外，往外 | |
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105
hissing
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| n. 发嘶嘶声, 蔑视 动词hiss的现在分词形式 | |
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groaning
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| adj. 呜咽的, 呻吟的 动词groan的现在分词形式 | |
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107
derisive
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| adj.嘲弄的 | |
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108
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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109
ridiculing
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| v.嘲笑，嘲弄，奚落( ridicule的现在分词 ) | |
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110
superstition
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| n.迷信，迷信行为 | |
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111
sarcasm
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| n.讥讽，讽刺，嘲弄，反话 （adj.sarcastic） | |
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112
mutual
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| adj.相互的，彼此的；共同的，共有的 | |
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113
worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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114
descend
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| vt./vi.传下来，下来，下降 | |
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115
dens
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| n.牙齿，齿状部分；兽窝( den的名词复数 )；窝点；休息室；书斋 | |
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116
revolving
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| adj.旋转的，轮转式的；循环的v.（使）旋转( revolve的现在分词 )；细想 | |
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117
allusion
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| n.暗示，间接提示 | |
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118
outraged
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| a.震惊的，义愤填膺的 | |
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119
hatred
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| n.憎恶，憎恨，仇恨 | |
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120
gaols
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| 监狱，拘留所( gaol的名词复数 ) | |
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121
determined
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| adj.坚定的；有决心的 | |
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122
janitor
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| n.看门人，管门人 | |
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