A very curious circumstance deserves mentioning here. The magistrates being censured in the House of Commons for their 'irregularities' in my case (as will be explained in my defence further on) an attempt was made to fix the blame on Mr. Russell, superintendent of the police. This induced me to address the following letter to the editor of the Cheltenham Free Press:—
Sir,—Observing an attempt has been made in Parliament by the Hon. Craven Berkley to fix the blame of my 'harsh treatment' on the constables of your town, and to implicate Superintendent Russell, I beg to say that after my committal I never saw Mr. Russell, and never once said, or suspected, that the harshness exercised towards me, while ostensibly in his custody, originated with him. His courtesy to me on the night of my apprehension, of which I retain a lively sense, forbids such a conclusion.
I shall be glad if you will insert this in your next number. I can never consent to purchase public sympathy by a silence which may unjustly sacrifice any person's interest. I was justified in making the complaints I have, but would rather they were for ever unredressed than that an innocent man should suffer.
Birmingham, July 30, 1842. G. Jacob Holyoake.
Soon after Mr. Russell left the corps, and appears to have been offered up by the magistrates as a sacrifice for the irregularities they had committed.
On my arrival my pockets were searched, and even my pocket-book and letters taken from me. This I felt not only as an indignity, but also as a breach of faith. Before leaving Cheltenham, and when in communication with my friends, I inquired if my papers would be taken from me at Gloucester, and the officers answered 'No,' (but they must have known differently). Trusting their answer, however, I brought with me papers I should not otherwise have brought. Perhaps I was fevered after my walk, but the cell I was put into gave me a new sense. There had been times when I had wished for a sixth sense, but this was not the sense I coveted, for it was a sense of suffocation. The bed was so filthy that I could not lie down, and sat on the side all night. When taken into the general room next morning the prisoners surrounded me, exclaiming,' What are ye come for?' As I made no reply, another observed, 'We always tells one another,' 'Oh! blasphemy,' I replied. 'What's that,' said one. 'Aren't you 'ligious?' said another.
But as these rustics were happily unacquainted with doctrinal piety, they said nothing rude; and seeing my loaf unbroken, and that I could not eat, 'Here,' said four or five at once, 'will you have some of this tea, zir?'—which was mint-tea, the reward of some extra work, and the nicest thing they had to offer.
When the chaplain of the gaol, the Rev. Robert Cooper, came to see me, I told him that before I took anything from him for my soul, I wanted something from him for my defence; and I demanded my note book and papers. Mr. Samuel Jones, a visiting magistrate, brought me a few pencil notes which I had made during my examination in Cheltenham and some private papers, but he withheld many others relating to matters of opinion, saying that he 'did not think them necessary to my defence.' The clergyman has a veto on all books admitted, and of a list which I gave him, which I wanted to read for my trial, he only allowed me thirteen. He said the others 'were of an unchristian character,' and he could not let me have them. 'I told him I was not going to make an orthodox defence. He would not relax, so I would not have any spiritual consolation, and we lived on very indifferent terms.
One day Mr. Bransby Cooper, and Mr. Samuel Jones (just mentioned), both old magistrates, came to visit me. Mr. Jones, I was told, had at one time been a preacher among the Methodists. He told me he would be kind to me, but all his kindness was religious kindness—the worst kindness I have ever experienced. I was then the sole occupant of the Queen's evidence side of the prison, a place I had chosen as I preferred to be alone. I had a large yard and all the cells to myself. In this solitary place these magistrates visited me. After teazing me with Leslie for a long time, Mr. Bransby Cooper concluded thus—'Now! Holyoake, you are a Deist—are you not?' I shook my head. 'You cannot be an atheist,' he continued, 'you don't look like one.' He said this, I suppose, seeing no horns on my head, and no eyes on my elbows, as he expected. I answered that I felt very unpleasantly how much I was in their power, and had therefore some reason to desire to oblige them. Though sorry to say what might outrage them or look like obstinacy, yet out of respect to my own conscience I must say that I was an atheist. Upon these they both flew into indignant revulsions, and shouted 'a fool! a fool!' till the roof rang. Capt. Mason (the governor), who accompanied them, turned away a few paces, with the air of one not caring to be witness of so much rudeness.
* See Report of Gloucester Trinity Sessions in the county
papers of that period.