William Mathews, poulterer, Cheltenham.'
Simon Vizard, shopkeeper, Oldland. Isaac Tombs, farmer, Whitcomb. William Wilson, maltster, Brimpsfield. Edwin Brown, farmer, Withington. Bevan Smith, farmer, Harescomb. William Smith, miller, Rarnwood. Joseph Shipp, 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 assume—