The History Of The Last Trial By Jury For Atheism In England Part 3

Justice Erskine, for the use of a table.

Mr. Justice Erskine. There is one. (He referred to some boarding behind the bar), and there Mr. Holyoake proceeded to arrange his books and papers--although the situation was not advantageous, it being lower than the bar where the prisoners usually stand. Mr. Holyoake employed twenty minutes in this operation, and when he had done, the dock resembled, a young bookseller's stall. Mr. Holyoake then advanced to the bar and bowed to the court.

Mr. Justice Erskine (who had waited with great patience). Are you ready?

Mr. Holyoake replied affirmatively, and the clerk proceeded to read the indictment as follows:--

[Gloucester to wit.]--The Jurors for our lady the Queen, upon their oath, present that George Jacob Holyoake, late of the parish of Cheltenham, in the county of Gloucester, labourer,* being a wicked, malicious, and evil-disposed person, and disregarding the laws and religion of the realm, and wickedly and profanely devising and intending to bring Almighty G.o.d, the Holy Scriptures, and the Christian religion, into disbelief and contempt among the people of this kingdom, on the twenty-fourth day of May, in the fifth year of the reign of our lady the Queen, with force and arms, at the parish aforesaid, in the county aforesaid, in the presence and hearing of divers liege subjects of our said lady the Queen, maliciously, unlawfully, and wickedly did compose, speak, utter, p.r.o.nounce, and publish with a loud voice, of and concerning Almighty Gog, the Holy Scriptures, and the Christian religion, these words following, that is to say, 'I (meaning the said George Jacob Holyoake) do not believe there is such a thing as a G.o.d; I (meaning the said George Jacob Holyoake) would have the Deity served as they (meaning the government of this kingdom) serve the subaltern, place him (meaning Almighty G.o.d) on half-pay'--to the high displeasure of Almighty G.o.d, to the great scandal and reproach of the Christian religion, in open violation of the laws of this kingdom, to the evil example of all others in the like case offending, and against the peace of our lady the Queen, her crown and dignity.

* It was pure invention that described me as a' labourer.'

It was a term of degradation in the county, and therefore employed--my profession was that of a Mathematical Teacher.

Mr. Holyoake pleaded _Not Guilty_, and applied to have the names of the jury called over singly and distinctly.

Mr. Alexander, counsel for the prosecution, said the offence being only a misdemeanour, the defendant had no right to challenge.

Mr. Justice Erskine. Of course not, unless reasons are given in each case.

Clerk. The name of John Lovesey is first.

Mr. Holyoake. I object to Lovesey. He sat on the bench when I was before the magistrates at Cheltenham, and approved the proceedings against me.

He is not disinterested in this matter.

Mr. Justice Erskine said that was not sufficient reason for challenging.

Loresey declared he 'shuddered at the crime of the prisoner,' and after some further conversation, the judge having observed it was 'as well to go,' Lovesey left the box.

Mr. Holyoake. In the case of Mr. Southwell he was allowed to challenge.

Mr. Justice Erskine. I am not bound by the Recorder of Bristol.

The names of the other jurors having been called over, Mr. Holyoake objected to one on the ground of his being a farmer, and from his profession not likely to be acquainted with the nature of the question at issue.*

Mr. Justice Erskine said he could not sit there to listen to such objections. Mr. Holyoake saying he had no objection to urge which his lords.h.i.+p would allow, 'seven farmers, one grocer, one poulterer, one miller, one nondescript shopkeeper, and one maltster, were then impaneled to ascertain whether one George Jacob Holyoake had had a fight with Omnipotence, whether he had done his utmost to bring the Deity into contempt, whether he had fought Omnipotence with force of arms, and had spoken against it or him with a loud voice.'**

* A poulterer is called upon, under oath, to decide this great theological and philosophical question that has agitated the world for so many hundred centuries.......To make a poulterer a sovereign judge of theology is on a par with making the Archbishop of Canterbury a judge of poultry.--Weekly Dispatch, August 18. 1842. [It has been objected to this that very likely his Grace of Canterbury is a very good judge of poultry.]

** 'Publicola's' second letter to Judge Erskine.--Weekly Dispatch, Sep 18, 1842

The following is the list of the jury:--

Thomas Gardiner, grocer, Cheltenham, Foreman.

James Reeve, farmer, Chedworth.

William Ellis, farmer, Chedworth.

Avery Trotman, farmer, Chedworth.

William Mathews, poulterer, Cheltenham.'

Simon Vizard, shopkeeper, Oldland. Isaac Tombs, farmer, Whitcomb.

William Wilson, maltster, Brimpsfield. Edwin Brown, farmer, Withington.

Bevan Smith, farmer, Hares...o...b.. William Smith, miller, Rarnwood. Joseph s.h.i.+pp, farmer, Yate.

Mr. Holyoake. Can I have a copy of the indictment?

Mr. Justice Erskine. I had one made for you in consequence of your application to the court last week.

Mr. Holyoake. Yes, my lord, but after I had thanked you for your courtesy in so doing, I was asked 8s. 6d. for it by (not being able to call him by his name, Mr. Holyoake said) that sour looking gentleman there, (pointing to the clerk of the court, an individual as dusty and as forbidding as an old penal statute, and who always spoke to Mr. Holyoake like one. The court laughed, the judge frowned, the clerk looked indignant, but before censure could fall, Mr. Holyoake escaped into the next sentence, adding), after the numerous exactions I was subjected to at the sessions, after being brought here by the magistrates and then not tried, I did not think myself justified in paying any more, and the clerk refused it me.

Mr. Justice Erskine. I ordered a copy to be made for you, but did not think it necessary that you should have it on any other than the usual conditions.*

Mr. Holyoake. Can I be allowed to read the indictment against me?

Mr. Justice Erskine. Certainly.

The clerk then handed a copy to Mr. Holyoake, who on observing the counsel for the prosecution rise, left the bar and placed himself where he could face Mr. Alexander, with a view to take notes. The judge very courteously asked if Mr. Holyoake desired note-paper and pens, which he accepted, and:

Mr. Alexander said--Gentlemen of the jury: The defendant at the bar is indicted, not for writing, but for speaking and uttering certain wicked and blasphemous words. This person is not, as in the case previously brought before your attention,** the _vendor_, but he is the _author_ of the blasphemy. From the coincidence of words, he is the editor-Mr.

Justice Erskine. You must not proceed in that way. You must not a.s.sume--

* This copy of Indictment occupied not quite one sheet of paper, for which eight s.h.i.+llings and sixpence were asked!

**That of George Adams.

Mr. Alexander. I am aware, my lord, that I may not a.s.sert the ident.i.ty of the defendant with the work alluded to--I was only going to draw the attention of the gentlemen of the jury to the coincidence of the words.

But I will proceed with my case. The defendant, on the 24th of May last, issued placards for a lecture to be delivered in Cheltenham. In these placards he announced, not the diabolical, the dreadful topics which he descanted upon, not anything which would lead the reader to imagine or expect what really took place--but he gave out his subject as a lecture upon Home Colonisation, Emigration, and the Poor Laws. Mark this, gentlemen of the jury. Had he given in his announcements any hint of what was to take place, his end might have been defeated, and no audience attracted to listen to the blasphemous expressions you have heard set out in the indictment. But he did obtain an audience, a numerous audience, and then declared that the people were too poor to have a religion--that he himself had no religion--that he did not believe in such a thing as a G.o.d; and--though it pains me to repeat the horrible blasphemy--that he would place the Deity upon half-pay. I shall call witnesses to prove all this, and then it will be for you to say if he is guilty. It may be urged to you that these things were said in answer to a question, that the _inuendoes_ must be made out.

_Inuendoes!_ I should think it an insult to the understandings of twelve jurymen--of twelve intelligent men--to call witnesses to prove inuendoes: but I shall place the case before you, and leave it in your hands. I am sure I need not speak, I need not dilate upon the consequence of insulting that Deity we are as much bound, as inclined, to reverence. He then called James Bartram--who said: I am a printer at Cheltenham, employed upon the _Cheltenham Chronicle_; attended the lecture of defendant, just after nine o'clock; there were about one hundred persons present of both s.e.xes; the placard announced 'Home Colonisation, Emigration, Poor Laws Superseded;' heard a man put a question to Mr. Holyoake; he said,' The lecturer has been speaking of our duty to man, but he has said nothing as regards our duty towards G.o.d.' Prisoner replied, 'I am of no religion at all--I do not believe in such a thing as a G.o.d. The people of this country are too poor to have any religion. I would serve the Deity as the government does the subaltern--place him on half-pay.' He was the length of the room off; I heard him distinctly; he spoke in a distinct voice.

Cross-examined by Mr. Holyoake. You say I said the people were too poor to have any religion; will you state the reasons I gave? Witness. I can give the substance, if not the words; 'you said, 'The great expense of religion to the country.'

Mr. Holyoake. I will thank you to state the other reasons?

Witness. I don't recollect any other reason*

Mr. Holyoake. Now, you have sworn the words are blasphemous--

Mr. Justice Erskine. No, he has not.

Mr. Holyoake. Will you state if the words are blasphemous?

Mr. Justice Erskine said such a question could only be put through him.

He then put the question--do you consider the words blasphemous?

Witness. I do.

Mr. Holyoake. Why do you think them blasphemous?