Mr. Ramsey followed me with a speech which he read from manuscript. It occupied half an hour in delivery. It was terse 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 extemporaneously, and its very virtues 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 incapable of making a forcible speech, and I think he should have trusted to his power of improvisation. 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 homely 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 dwelling on it, and ideas will fructify in your mind unconsciously as seeds sprout 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 hack bent on earning his client's fee, but were scarcely consistent with the dignity and impartiality 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 odds, nor did we solicit any; but we had a right to expect him to refrain from constant expressions of antipathy. That, however, was not the whole of his offence against the rules of justice. He recurred 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 criticise 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 discrepant utterances together, I can give the reader a fair idea of Justice North's authority as a legal oracle.
The jury retired 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 dubious, he resorted to a paltry trick. Notwithstanding the late hour, he had Mr. Cattell brought into the dock for trial. By procuring 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 apprehension, 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 eloquently 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 tingling 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 deferred 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 pervaded 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 consultation, 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 Arraigns, 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 liberated till Monday, and I formally applied for a renewal of our bail. But his lordship refused my application in the most peremptory 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 custody 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 vindictive. 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 abscond. 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 skilful 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 intercourse with the outside world except during fifteen minutes each day through an iron grating. Such malignity 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.