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Foote. I know that. Go on with your address. Mr. Foote: Your lordship, these questions are part of my address. Gentlemen (turning to the jury), no less a person than a brother of one of our most distinguished judges has said---- Mr. Justice North: Now, again, I cannot have you quoting books not in evidence, for the sake of putting before the jury the matters they state. The passage you referred to is one in which the Lord Chief Justice pointed out that that could not be done. Mr. Foote: But the action, my lord, of the Lord Chief Justice did not put a stop to the reading. He said he would allow Mrs. Besant to quote any passage as a part of her address. Mr. Justice North: Go on. Mr. Foote: No less a person than the brother of one of our most learned---- Mr. Justice North: Now did I not tell you that you could not do that? Mr. Foote: Will your lordship give me a most distinct ruling in this case? Mr. Justice North: I am ruling that you cannot do what you are trying to do now. Mr. Foote: I am sorry, my lord, I cannot understand. Mr. Justice North: I am sorry for it. I have tried to make myself clear. Mr. Foote: Does your lordship mean that I am not to read from anything to show justification of the libel? Mr. Justice North: There is no justification in the case. The question the jury have to decide is whether you, and the persons present with you, are guilty of a libel or not. For that purpose they will have to consider whether the matters in question are a libel. If so, they will have also to consider whether you and the other defendants are guilty of having published it. If they think it a libel, and that you have published it, they will have answered the only two questions they will have to put to themselves. Mr. Foote: My lord, in an ordinary libel case justification can be shown. Mr. Justice North: Go on. Mr. Foote: I do not wish to occupy the time of the court unnecessarily, but really I think your lordship ought to remember the grave position in which I stand, and not stand in the way of anything which I consider to be of vital importance to my defence. Mr. Justice North: I have pointed out to you what I consider to be the question the jury have got to decide.
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