Prisoner for Blasphemy

by G. W. Foote

"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 concession 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 generosity 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 decency to attend to the proceedings. 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 consultation. 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 inflict upon us such infamous 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 vehemently declined to do so. "No," he said, "not I. I'm a man of principle! They got off too easy. Two years' hard labor wouldn't have been a bit too much." This pious 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 vigilantly, and performed a difficult task with great courage and judgment. 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 strewed 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 onerous 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 solicitors were aiding Sir Thomas Nelson, and their clerks were produced as witnesses against us.

Judge North's reception of evidence was peculiar. Knowing that there was no Court of Criminal Appeal, he set the rules of procedure at defiance. Any tittle-tattle was admitted, and postmen and servants were allowed to swear as to the directions on unproduced documents alleged 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 rebuke the prosecuting 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 Gaol, 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 perjury. 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 legitimate against Freethinkers. As Mr. Fawcett refused to censure 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 accentuate my appreciation 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 indictment. The case
lasted nearly seven hours, and the jury retired for more than
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
on bail from my committal, and as I stood in the same position
after that abortive trial as before it commenced, I asked the
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
during the whole interval, in a small prison cell six feet wide,
and so dark that I could neither write nor read at midday without
the aid of gaslight. There was around me no sign of the animated
life I am accustomed to, nothing but the loathsome sights and
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 prosecution would not be allowed
to suffer in their absence."