The Trial of Henry Hetherington Part 1

THE TRIAL OF HENRY HETHERINGTON.

by Henry Hetherington.

INDICTMENT

Of Easter term, in the Third Year of the Reign of Queen Victoria.

Middles.e.x:--

Be it remembered, that on Tuesday, the twenty-eighth day of April, in the third year of the reign of our sovereign lady Victoria, by the grace of G.o.d, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, in the court of our said lady the Queen, before the Queen herself at Westminster, in the county of Middles.e.x, upon the oath of twelve jurors, good and lawful men, of the said county of Middles.e.x, now here sworn and charged to inquire for our said lady the Queen for the body of the same county; it is presented as followeth, that is to say, Middles.e.x to wit. The jurors for our lady the Queen upon their oath present, that Henry Hetherington, late of Westminster, in the county of Middles.e.x, bookseller, _being a wicked, impious, and ill-disposed person_, and having no regard for the laws and religion of this realm, but _most wickedly, blasphemously, impiously, and profanely devising and intending to asperse and vilify that part of the Holy Bible which is called the Old Testament_, on the third day of February, in the third year of the reign of our sovereign lady Victoria, by the grace of G.o.d, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, at Westminster aforesaid, in the county aforesaid, did publish, and cause to be published, a certain scandalous, impious, and blasphemous libel, of and concerning that part of the Holy Bible which is called the Old Testament, containing therein, amongst other things, divers scandalous, impious, and blasphemous matters of and concerning that part of the Holy Bible which is called the Old Testament, according to the tenor and effect following, that is to say, "What wretched stuff this Bible (meaning that part of the Holy Bible which is called the Old Testament) is, to be sure! What a random idiot its author must have been! I would advise the human race to burn every Bible they have got.

Such a book is actually a disgrace to ourang outangs, much less to men.

I would advise them to burn it, in order that posterity may never know we believed in such abominable trash. What must they think of our intellects? What must they think of our incredible foolery? And we not only believe it, but we actually look upon the book as the sacred word of G.o.d, as a production of infinite wisdom. Was insanity ever more complete? I for one, however, renounce the book; I renounce it as a vile compound of filth, blasphemy, and nonsense, as a fraud and a cheat, _and as an insult to G.o.d,"_ to the great displeasure of Almighty G.o.d, to the great scandal, infamy, and contempt of that part of the Holy Bible which is called the Old Testament, to the evil example of all others, and against the peace of our said lady the Queen, her crown, and dignity.

Second Count:

And the jurors aforesaid, upon their oath aforesaid, further present, that the said Henry Hetherington, devising and intending as aforesaid, on the eleventh day of February and year aforesaid, at Westminster aforesaid, in the county aforesaid, did publish, and cause to be published, a certain other scandalous, impious, and blasphemous libel, of and concerning that part of the Holy Bible which is called the Old Testament, containing therein, amongst other things, divers scandalous, impious, and blasphemous matters of and concerning that part of the Holy Bible which is called the Old Testament, according to the tenor and effect following, that is to say, "One great question between you and me is, 'Is the Bible (meaning that part of the Holy Bible which is called the Old Testament) the word of G.o.d, or is it not? I a.s.sert that it is not the word of G.o.d, and you a.s.sert that it is; and I not only a.s.sert that it is not the word of G.o.d, but that it is a book containing more blunders, more ignorance, and more nonsense, than any book to be found in the universe," to the great displeasure of Almighty G.o.d, to the great scandal and contempt of that part of the Holy Bible which is called the Old Testament, to the evil example of all others, and against the peace of our lady the Queen, lier crown, and dignity.

Third Count:

And the jurors aforesaid, upon their oath aforesaid, further present, that the said Henry Hetherington, further devising and intending as aforesaid, on the day and year last aforesaid, at Westminster aforesaid, in the county aforesaid, did publish, and cause to be published, a certain other scandalous, impious, and blasphemous libel of and concerning that part of the Holy Bible which is called the Old Testament, containing therein, among other things, divers scandalous, impious, and blasphemous matters of and concerning that part of the Holy Bible which is called the Old Testament, in one part thereof, according to the tenor and effect following, that is to say, "My object, and I fearlessly state it, is to expose this book (meaning that part of the Holy Bible which is called the Old Testament) in such a manner, that the children of the Stockport Sunday-school will reject it with contempt and in another part thereof, according to the tenor and effect following, that is to say,

"Such a book (meaning that part of the Holy Bible which is called the Old Testament) ought to be rejected by every one. The human race have been too long gulled with such trash. Moses was the inventor of this grand cheat; and although it may have done some little towards frightening people into what is called morality, the purpose for which Moses invented it is now out of date,

"to the great displeasure of Almighty G.o.d, to the great scandal and contempt of that part of the Holy Bible which is called the Old Testament, to the evil example of all others, and against the peace of our lady the Queen, her crown, and dignity."

[Witness] ALEXANDER KERR,

One sworn in court.

A true Bill.

On the names of the gentlemen summoned as Special Jurymen being called over, only five answered to their names.

The Attorney-General prayed a tales, when the following were sworn:--

The Jury.

Special--

Robert Savage, Esq., 11, Montaguplace, Bloomsbury.

James Arboine, merchant, 3, Brunswick-square.

William Fechney Black, merchant, Wilton-place.

Charles Frederick Barnwell, Esq., 44, Woburn-place.

Robert Eglinton, merchant, 29, Woburn-square.

Common Jurors--

Charles Ricketts, stove-maker, 5, Agar-street, West Strand.

William Polden, licensed victualler, Villiers-street, Strand.

John Osborne, confectioner, 401, Strand.

John Johnson Ruffell, painter, 24, Church-street, Soho.

Thomas Reid, baker, 24, Old Compton-street, Soho.

Charles Phillips, ivory brush-maicer, 20, King-street, Soho. J. Mahew, baker, 84, Greek-street, Soho.

Mr. Bult opened the proceedings

The Attorney-General said, this was an indictment found by the Grand Jury of Middles.e.x, for the publication of certain blasphemous libels. It appeared to him that all he should have to do, would be to prove the publication of the libels in question. He had not hesitated for one moment, when he found there were only five Special Jurymen, to pray a tales, because it was to him a matter of perfect indifference from what cla.s.s of society the Jury was taken. It had frequently been laid down by the Judges, that to insult and vilify Christianity was against the law.

Publications insulting religion, and addressed to the vulgar and uneducated, were most dangerous. He would call a witness who purchased these books in the defendant's shop, the defendant himself being present; and he should prove that the defendant was rated to that house.

It gave him pain that it should be necessary for the Jury to hear such shocking attacks as were contained in this publication. It consisted of a series of letters, and each number was sold for a penny. It was "Letters to the Clergy of all Denominations" and was, in fact, an attack upon the Holy Scriptures, particularly on the Old Testament. He should content himself with reading one extract.--(The learned Gentleman then read an extract from Letter 8, contained in the first count of the indictment.) Mr. Hetherington was in person to defend himself: they would hear what he had to say, and then he (the Attorney-General) would have an opportunity of again addressing them.

The following witness was then called and examined by Sir F. Pollock.

Alexander Kerr, a policeman, bought the "Letters to the Clergy," 5, 8, and 13, at the shop of the defendant, 126, Strand, on the 5th of February last. A young man served him. Knows defendant--he was standing on the threshold of the door at the time; has known him for the last three years; has seen him repeatedly at the shop. Paid one penny each for the letters.

Cross-examined by Mr. Hetherington.--Did not come in his uniform to purchase them. Came from directions he had received, not from any reputation the work had acquired. Did not read the fifth number or the eighth number of the book purchased at the shop. Stated at the Old Bailey, at the trial of Mr. Cleave, that he had read a copy, but not the one purchased of defendant. Curiosity induced him to read it. It did not shake his opinion--it did not make him burn his Bible; quite the opposite. He is a plainly-educated man. Was instructed to purchase all he could get at defendant's shop. Purchased other numbers, but did not read them. The work produced no effect on him to induce him to follow the recommendations of the author.

George Sherwill, collector of poor's-rate for the liberty of the Savoy, proved that defendant was rated for No. 126.

The libels were then put in and read: first, No. 8 of "Haslam's Letters to the Clergy of all Denominations," then 5 of the same work, and then 18.

The Attorney-General said, that was the case for the prosecution.

DEFENCE