Witness. Yes, my lord.
Cross-examination resumed. Do not know of my own knowledge who made the report; have been ten years in employment at Chronicle office; know it was said in that paper that three witnesses from that office could prove what had occurred at the lecture; the name of reporter of our paper is Edward Wills; I heard your lecture, you said nothing against morality. Mr. Holyoake. Will you state your opinion of morality? Mr. Justice Erskine. The question is irrelevant. Mr. Holyoake. Did you think I spoke my honest convictions? Witness. I thought you spoke what you meant; you spoke straightforwardly.
The judge here interposed, to stop Mr. Holyoake from asking as to witness's opinions.
Cross-examination resumed—Witness. I should not have lost my situation if I had not come forward in this case; in my opinion you spoke wickedly, as stated in indictment; I did not notice that you spoke contemptuously when using the word thing, but you used the word; there were other words between those used in indictment; they did not, is in that document, follow one another; I do not remember the words; you spoke of the enormous sums of money spent upon religion, and the poverty of the people, and afterwards, and in connection with that, said you would place Deity as government did the subalterns—on half-pay; I have been a preacher.
Re-examined by Mr. Alexander. I have been uninterruptedly ten years in the same employment; do not give evidence from fear or reward; but from a sense of duty.
Mr. Alexander. That is the case for the prosecution, my lord.
Mr. Justice Erskine. Now is the time for your defence.
Mr. Holyoake. I am not a little surprised to hear that the case for the prosecution is closed. I have heard nothing, not one word, to prove the charge in the indictment. There has been adduced no evidence to show that I have uttered words maliciously and wickedly blasphemous. I submit to your lordship that there is not sufficient evidence before the Court.
Mr. Justice Erskine. That is for the jury to decide.
Mr. Holyoake. I thought, my lord, as the evidence is so manifestly insufficient to prove malice, you would have felt bound to direct my acquittal.