eridge remarked in the Court
of Queen's Bench that such a task was not for the judge, but for the
counsel on the other side of the case. I wish his lordship had read a
lesson to Justice North on that subject before he presided at our trial.
There is only one passage of his summing-up that I wish to criticise
fully. It contains his statement of the Law of Blasphemy. But as he made
a very different statement four days later on at our second trial, I
prefer to wait until, by placing these discrepant utterances together, I
can give the reader a fair idea of Justice North's authority as a legal
oracle.
The jury retired at five o'clock. Justice North kept his seat, probably
fancying they would soon agree to a verdict of Guilty. But as the
minutes went by, and the result seemed after all dubious, he resorted
to a paltry trick. Notwithstanding the late hour, he had Mr. Cattell
brought into the dock for trial. By procuring a verdict against _him_
our jury might be influenced. According to theory, of course, the jury
hold no communication with the world while in deliberation; but it is
well known that officers of the court have access to them, and tidings
of Mr. Cattell's fate could be easily conveyed.
We stepped down the stairs, out of sight but not out of hearing, and
made way for Mr. Cattell to take our place in the dock. He was very pale
with cold and apprehension, and too timid to take a seat, he stood with
his hands resting on the top ledge. The evidence against him was very
brief. Instead of defending himself he had employed counsel. That
gentleman admitted the "horrible character of the publication, so
eloquently denounced by the learned judge." He said that his client
could not for a moment think of defending it; in fact, he had only sold
it in ignorance, and he would never repeat the offence. On the ground of
that ignorance and that promise, it was hoped that the jury would return
a verdict of Not Guilty. Mr. Cattell declares that he never instructed
his counsel to say anything of the kind; but all I know is that it
_was_ said, and that while our cheeks were tingling with shame and
indignation, he heard it all without a word of protest.
Judge North acted openly as counsel for the prosecution in this trial.
There was not the slightest disguise. He took the case completely
into his own hands, examined and cross-examined. His summing-up was a
disgusting exhibition. Naturally enough the jury returned a verdict of
Gu
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