The other judges concurred with their leader, Mr Justice Keating making a yet further addition to the remarkable record of intolerant utterances in this case.
"I think," said he, "that questions should be put within a certain limit to the witness as to his opinion and belief, and that it is right the jury should have an opportunity of judging either from his answer or from his refusal to answer—should have an opportunity to form their own sentiment of the credibility to be attached to it [the evidence]."
This judgment, and even more the bigotry apparent throughout the judgment, was a great blow to Mr Bradlaugh, and he appealed against the decision. The appeal came on before the very same four judges on the following Friday (November 8). In spite of his most eloquent pleading—in which he was repeatedly interrupted by the Lord Chief Justice—the rule was refused; the Lord Chief Justice kept religiously (I use the word advisedly) to his already expressed opinion that a witness "is by implication discredited by his refusal to answer;" and that he could see no "intentional violation of right;" he further clinched the matter by saying that "in the present instance there is nothing which could induce me to interfere."
These proceedings did their work in helping to form public opinion in favour of free speech, but they cost my father several hundreds of pounds, and burdened him with a debt which took long to clear off.
[CHAPTER XVIII.]
"KILL THE INFIDEL."
In the month of January, 1861, Mr Stephen Bendall was charged by Mr Nicholas Le Mesurier, a constable of St Peter Port, Guernsey, with having upon several occasions in the month before distributed printed papers calculated to bring the Christian religion into contempt and ridicule. The Court sentenced Mr Bendall to give bail in the sum of £20 not to distribute any such tracts during the space of twelve months, or in default to be imprisoned for a fortnight. That the sentence took so lenient a form was doubtless in some measure due to the enlightened remarks of one of the jurats, a Mr Tupper, who warned his colleagues that they should be "very careful not to countenance persecution on the ground of religion, for if we entered upon that course we could not tell where we should stop." Whether he did not feel himself altogether strong enough to oppose the prevailing temper of the bench, or from whatever reason, Mr Tupper did not propose an acquittal, but suggested the above bail, which the Court after some consultation accepted, with the alternative of a fortnight's imprisonment. The Queen's Procureur had asked that Mr Bendall should be imprisoned for a fortnight, "three days in each week solitary and on bread and water, and afterwards to give security in the sum of £50 not to distribute any of the tracts during the next twelve months, or quit the island."