It was claimed, among other things, that the defendant circulated this pamphlet among children. There was no such evidence—not the slightest. The only evidence about schools, or school-children was, that when the defendant talked with the bill poster,—whose business the defendant was interfering with,—he asked him something about the population of the town, and about the schools. But according to the evidence, and as a matter of fact, not a solitary pamphlet was ever given to any child, or to any youth. According to the testimony, the defendant went into two or three stores,—laid the pamphlets on a show case, or threw them upon a desk—put them upon a stand where papers were sold, and in one instance handed a pamphlet to a man. That is all.

In my judgment, however, there would have been no harm in giving this pamphlet to every citizen of your place.

Again I say, that a law that has been allowed to sleep for all these years—allowed to sleep by reason of the good sense and by reason of the tolerant spirit of the State of New Jersey, should not be allowed to leap into life because a few are intolerant, or because a few lacked good sense and judgment. This snake should not be warmed into vicious life by the blood of anger.

Probably not a man on this jury agrees with me about the subject of religion. Probably not a member of this jury thinks that I am right in the opinions that I have entertained and have so often expressed. Most of you belong to some Church, and I presume that those who do, have the good of what they call Christianity at heart. There may be among you some Methodists. If so, they have read the history of their Church, and they know that when it was in the minority, it was persecuted, and they know that they can not read the history of that persecution without becoming indignant. They know that the early Methodists were denounced as heretics, as ranters, as ignorant pretenders.

There are also on this jury Catholics, and they know that there is a tendency in many parts of this country to persecute a man now because he is a Catholic. They also know that their Church has persecuted in times past, whenever and wherever it had the power; and they know that Protestants, when in power, have always persecuted Catholics; and they know, in their hearts, that all persecution, whether in the name of law, or religion, is monstrous, savage, and fiendish.

I presume that each one of you has the good of what you call Christianity at heart. If you have, I beg of you to acquit this man. If you believe Christianity to be a good, it never can do any Church any good to put a man in jail for the expression of opinion. Any church that imprisons a man because he has used an argument against its creed, will simply convince the world that it cannot answer the argument.

Christianity will never reap any honor, will never reap any profit, from persecution. It is a poor, cowardly, dastardly way of answering arguments. No gentleman will do it—no civilized man ever did do it—no decent human being ever did, or ever will.

I take it for granted that you have a certain regard, a certain affection, for the State in which you live—that you take a pride in the Commonwealth of New Jersey. If you do, I beg of you to keep the record of your State clean. Allow no verdict to be recorded against the freedom of speech. At present there is not to be found on the records of any inferior Court, or on those of the Supreme tribunal—any case in which a man has been punished for speaking his sentiments. The records have not been stained—have not been polluted,—with such a verdict.

Keep such a verdict from the Reports of your State—from the Records of your Courts. No jury has yet, in the State of New Jersey, decided that the lips of honest men are not free—that there is a manacle upon the brain.

For the sake of your State—for the sake of her reputation through the world—for your own sakes—for the sake of your children, and their children yet to be—say to the world that New Jersey shares in the spirit of this age,—that New Jersey is not a survival of the Dark Ages,—that New Jersey does not still regard the thumb-screw as an instrument of progress,—that New Jersey needs no dungeon to answer the arguments of a free man, and does not send to the penitentiary men who think, and men who speak. Say to the world, that where arguments are without foundation, New Jersey has confidence enough in the brains of her people to feel that such arguments can be refuted by reason.