Two witnesses, James Bartram and William Henry Pearce, both of the Chronicle office, were adduced to report the words that formed the ground of the indictment. Neither of them could recollect anything else but the objectionable words reported in their own paper, and to these they did not swear positively, but only to the 'best of their belief.' Mr. Pearce was not produced at the trial at the Assizes, he having no local reputation but that of a dog-fancier and fighter, which did not render him a creditable authority on matters pertaining to religion. Bartram's sister was a Socialist, and she came to me some years after, in Manchester, to apologise for the disgrace brought upon her family by the weakness or the ignorance of her brother.
Mr. Overbury said he considered the case satisfactorily proved, and added, 'Whether you are of no religion is of very little consequence to us, but your attempt to propagate the infamous sentiment that there is no God, is calculated to produce disorder and confusion, and is a breach of the peace.' This was the remark of an ill-informed politician rather than of a Christian.
Being required to enter into my own recognizances of £100, and find two sureties of £50 each, Mr. Partridge became one, and Mr. Henry Fry, editor of the Educational Circular, offered himself as the other. But the Rev. Dr. Newell objected to Mr. Fry's bail, on the ground that he did not swear positively that he was worth £50 when all his debts were paid. He swore only that 'to the best of his belief he was so. I reminded the Bench that they had accepted the evidence of the witnesses against me on the same ground, namely 'the best of their belief.' Hereupon the Rev. Dr. Newell, with an air of outraged morality, exclaimed 'Come, come! we'll have no quibbling.'
I answered that I did not propose to quibble, for if that had been to my taste I might have avoided standing there at that moment. Mr. Bubb then interjected that he should demand twenty-four hours' notice of bail. Another gentleman then offered himself, whom I desired to sit down and let the Bench take their own course. This indifference with regard to the Bench incensed them very much.
Mr. Capper said, 'Even the heathens acknowledged the existence of a Deity. If you entertain the same pernicious opinion on your death-bed you will be a bold man indeed. But you are only actuated by a love of notoriety.' I only answered, 'Why do you address me thus, since you will not allow me to reply?' and I turned away repeating to myself the words of Sir Thomas Browne—'There is a rabble amongst the gentry as well as the commonalty; a sort of plebeian heads, whose fancy moves with the same wheel as these: men in the same level with mechanics, though their fortunes do somewhat gild their infirmities, and their purses compound, for their follies.'
But I ought to say that during these proceedings the people in the court, of juster feeling than the magistrates, frequently expressed their disapprobation of the speeches made to me.
Mr. Capper's assertion that I was only actuated by a love of notoriety, were just the words to do me injury. The respectable people near, and the intelligent people at a distance, would believe the magistrate and disbelieve the sceptic, who had no friends to rebut the imputation. The vulgar bearing of this brutal old man lingered long in my memory as the most distinct thing of these proceedings. I should have thought less of it had it not come from an old man. The aged always inspire me with reverence, in their kindly aspects. They are the links which nature perpetuates between old time and our time—the human chroniclers of an experience the young can never know. They have followed the hearse of the old world, and are the legatees of Time, who has bequeathed to them his secrets and his conquests, which they in their turn distribute to us. When living at Islington, in 1848, I frequently passed, but not without sadness, nor sometimes without tears, an old man who stood near the Merlin's Cave to beg. He resembled one whom I cannot name. I could see on his brow the fresh traces of a struggle still going on between dignity and destitution. And I often gave him the price of the biscuit intended for my dinner, in the secret hope we all have in a kind act that some one else may repeat it to those we love; and I indulged the hope that others might approach with the same respectful feelings him to whom I have alluded, if ever, with untamed pride and broken heart, he should stand in his grey hairs on the high way to beg—which I have dreaded through so many years.
When taken back to the station-house, Captain Lefroy, who was at the head of the police, introduced me to Mr. Pinching, surgeon of the same corps. The captain, in a gentlemanly way, inquired if I would allow Mr. Pinching to reason with me on my opinions? I said, 'Certainly.' Mr. Pinching asked me the irrelevant question 'Did I believe in Jesus Christ?' and began a dry, historical argument to prove that there was the same evidence for the existence of Jesus Christ as for that of Henry the Fourth. I said, 'The argument is unnecessary with me. I do not care to argue whether he existed or not. My inquiry is not whether he lived, but what he said.' Mr. Pinching's next speech was delivered with an air of sharp authority, and he began to address me rather rudely.
He asked me was it not Robert Owen who made me an atheist? I replied, Mr. Owen himself was not an atheist. For myself, I had not become so till after the imprisonment of Mr. Southwell, which had led me to inquire into the grounds of religious opinion more closely than I had before done, and it had ended in my entire disbelief.
Mr. Pinching now became impatient and abusive, allowing me no opportunity of replying, and I said 'Stop! stop! sir, you must not treat me as a prisoner if you intend me to hear you. Unless you converse with me upon equal terms I shall not answer you.' Lefroy laughed, and said, 'Come! come! Pinching, I think you are not quite fair. After this Mr. Pinching became more abusive, and I turned away—when he ended the conversation by saying, 'I am only sorry the day is gone by when we could send you and Owen of Lanark to the stake instead of to Gloucester gaol.'