THE TRIAL OF THOMAS FINLAY.

PREFATORY REMARKS.

On Saturday morning, June 3rd. 1843, Mr. Thomas Finlay was arrested in Edinburgh by the Procurator-Fiscal, on the charge of vending “Blasphemous books." The same day his shop, and that of his son-in-law, were rifled by the Fiscal; and a great quantity of books of considerable value, were carried away. By Scottish religious law, not only the persons, but the property of the infidel is siezed—and about the kind of property the authorities are not particularly nice, for in these prosecutions their pretended desire to protect the public has been but a veil to conceal the more substantial intention of injuring the obnoxious individual.

Mr. Finlay was escorted to the County buildings, and after a short examination, thrust into a dark cell below ground, furnished only with a pallet of stubble and blankets torn to ribands. Here for four days and nights he was subjected to every species of petty annoyance which the brutal ingenuity of a ferocious turnkey could invent. On Wednesday he was finally examined before Mr. Sheriff Tait, a gentleman much respected in the city for his bland disposition, urbanity, learning, and impartiality as a judge. This testimony to this gentleman is willingly borne, because it does not appear that on any of the several occasions on which he had to adjudicate between infidels and their prosecutors, that any complaint has been made of that harshness, insult, and malignity, to which in other courts, both in England and Scotland, infidel prisoners have been almost invariably subjected. While it is a duty to hold up to public reprobation official tyranny and insolence, it is not less a duty to distinguish those cases when all the fair play which the law permitted has been allowed.

After Mr. Finlay's examination he was committed to Calton goal, and forced into a bath like a common felon. Christians and judges who punish the publication of heterodox sentiments on the ground that their feelings are shocked, would do well to reflect on the treatment to which they subjected Mr. Finlay. A goal bath is concentrated loathsomeness, all the filth, itch, scrofula, sores, and disease which the vice and wretchedness of a whole city engenders, are actually washed into it. It would be difficult to describe the disgust and abhorrence which a respectable and venerable old man, like Mr. Finlay, must feel on being thrust over head into this loathsome and polluted pan. It has been said that the annoyance Mr. Finlay experienced in the lock up, and also this treatment, were done "without authority." But this cannot be admitted. The magistrates and prosecutors know full well that such things will take place, and if they do not issue orders to the contrary, it must be concluded that they intend it. The experience of Mr. Holyoake

in Cheltenham, and Mr. Paterson in Tothill Fields' Prison, London, justify this statement. After twenty-four hours misery, Mr. Finlay was permitted to return to his family, a bail bond of £25 having been subscribed to by two of his friends.

On July 24th. Mr. Finlay was called up for trial in the High Court of Justiciary, but ultimately held to bail on a new warrant.

Time passed on, and no notice was taken of Mr. Finlay. The Court of Justiciary met again, and passed sentence on Mr. Paterson, but no indictment was preferred against the earlier offender. It was at last believed, that humanity, if not reason, had triumphed, and that the disgraceful exhibition of an old man being brought up at a felon's bar to answer for the publication of his opinions on religion would be saved to British society in this age. But he who calculates on the humanity of the sincerely pious, should have rare data before him. Twenty days after the trial of Mr. Paterson, a precious document of the following form was delivered to the sheriff.

"Edinburgh, Nov. 29, 1843.

"Unto the Honourable the Sheriff of Edinburghshire or his Substitute. "The Petition and Complaints of Archibald Scott, Procurator-Fiscal of Court for the Public interest.

"Humbly Sheweth,-That Thomas Finlay, cabinet-maker, now or lately residing in Haddington-place, in or near Edinburgh, has been guilty of the crime of wickedly and feloniously publishing, vending, or circulating, or causing to be published, vended or circulated, a profane, impious or blasphemous book or printed work, or a book or printed work containing a denial of the truth and authority of the Holy Scriptures, or of the Christian religion, and denied, contrived, and intended to asperse, vilify, ridicule, or bring into contempt the Holy Scriptures or the Christian religion.'

The petition then set forth that Mr. Finlay had vended a work, entitled an "Improper Book for Youth,-written by Cosmopolite." A work, entitled, "The Protestant's Progress from Church of Englandism"-"bearing to be published by J. Watson, 15, City Road, Finsbury." The application concluded thus:

"May it therefore please your lordship to grant warrant to cite the said Thomas Finlay to appear before you to answer to this libel, and thereafter upon his being convicted in terms thereof, to fine and amerciate him in a fine not exceeding Ten Pounds sterling, together with expenses, or otherwise to grant warrant to commit him prisoner to the prison of Edinburgh, therein to be detained for a period not exceeding sixty days."

THE TRIAL.

The trial took place on the 6th December, 1843, before George Tait Esq. one of the sheriff substitute, attended by James Macdonald Esq. the other sheriff substitute. The case against Mr. Finlay was opened by Archibald Brown, Esq. one of the Lord Advocate's Deputes, Mr. Scott the Procurator Fiscal being also present. Mr. Finlay's defence was opened by Mr. James Macora, W. S. (Writer to the Signet) whom Mr. Finlay had retained to speak to the irrelevancy of libel, with the arrangement that Mr. Finlay was to speak in his own defence.

Mr. Macora in the first instance, and chiefly, founded his objection on the irrelevancy of the libel. The whole ground he took may be thus stated. I. That this being a charge for denying and vilifying the sacred Scriptures, or the Christian religion-was the subject of a special statute in Scotland which had not been repealed or altered. By that statute the punishment of the crime alleged was, for the first offence, a rebuke before a congregation-whereas the condition of this complaint was for fine and imprisonment.

II.--That the prosecutor by this proceeding, attempting to vindicate the truth and authority of the Bible, should not act in direct opposition to the precepts of the Gospel, which it was shown that the prosecutor was.

III. That the charge being alternative the defendant took the second alternative, the vilifying the Christian religion, and shewed by various works, years ago published, that the Christian religion as established in this country is condemned, and that by interpretation of Scripture. He read various passages in which the Protestant religion is denounced as the abomination of desolation, the beast having in its head the names of blasphemy and the dragon-and continued the charges, although the books were not only published but had been in the hands of the learned for years, were not attempted to be re-argued and they must be held to be admitted. Now it could be no crime in the defendant to vilify and deny a religion, which its professors would not vindicate against such charges.

Here the sheriff interfered and refused to allow Mr. Macora to say another word, charged him with indignation for using such language, and evinced a considerable degree of irritation.

Mr. Finlay. My lord, I hope that Mr. Macora's remarks will not be considered as taking away my right of defending myself.

The Sheriff.-You must make your election, you cannot both be allowed to make the defence.

Mr. Finlay. I am glad my lord that I have spoken in time, for I wish to make my own defence.

Mr. Brown the deputy advocate then stated that the point in dispute had been decided in the case, "Paterson and Robinson" in the Court of Justiciary a higher court-and the inferior court were bound to follow it. The sheriff acquiesced.

List of witnesses, as appended to the indictment, against Thomas Finlay. 1 George Tait, Esquire, sheriff-substitute of the county of Edinburgh. 2 Archibald Scott, now or lately procurator-fiscal of county aforesaid. 3 John Crerar, now or lately clerk in the sheriff-clerk's office, Edinburgh.

4 Abijah Murray, now or lately sheriff-officer in Edinburgh. 5 William M'Kay, now or lately sheriff-officer in Edinburgh.

6 John Archibald Campbell, Esquire, sheriff-clerk of the county of Edinburgh.

7 William M'Kenzie, now or lately residing in Crosscauseway, in or near Edinburgh.

8 William Murray, now or lately criminal-officer in the Edinburgh police.

9 Walter Emlie, now or lately city-officer in Edinburgh,

DEFENCE.

Mr. Finlay being called upon for his defence spoke as follows:

My lord, I am a poor, old, and I may say an unlettered man, consequently I am not well qualified to occupy a position where I have to defend myself against the learning and ability of such persons as my prosecutor, however I have for several reasons resolved to tell my own tale; the disadvantages of this course will be felt chiefly I believe by myself.

Therefore, my lord, I hope to experience your indulgence, so far as is consistent with your duty, and as I am very little acquainted with law, form, or etiquette, scarcely ever having been within a court of law, certainly never as a defendant, until this charge of blasphemy. It is probable I may blunder, or possibly seem wanting in that respect which is due to the court, or persons I have to address. But I most earnestly beg your lordship to be assured that it can only be seeming not intended by me, for, however much I may be wanting in religious belief, I hope I shall never be willingly deficient in plain good manners.

My lord, I have been amazed at being thus prosecuted on a charge of blasphemy, I say that aware as I am of so many eminent public characters, both lay and clerical, who have both written and spoken so strongly in favour of the utmost liberty in discussing religious opinions, I did little expect to be publicly called to account for the little I have done, in what I consider the cause of truth and mental improvement.

After so much boasting and sound about the freedom of this country, liberty of the press, civil and religious liberty, and so forth, particularly of late, I had concluded that we were to have no more prosecutions for opinion's sake. But after my house had been invaded by the Procurator fiscal and his assistants, the innermost corner of my dwelling ransacked, the very locks of hair of my departed father and mother strewed about, my literary gems and curiosities thrown in heaps, and myself carried off and lodged in a felon's jail, I found I was mistaken, and that we were still to have public persecution, and that with a vengence.

My lord, I beg your attention to the following consideration which I trust you will admit to be extenuating, if not fully justifying me in the course I have pursued.

There has been in Edinburgh for some years "The Philalethean Society for peaceably repressing infidelity." That society has been very unsparing in its language towards infidels, and challenges us to come forward publicly and defend our opinions, either by writing or discussion. Seeing then my lord, that the authorities allowed that society to publicly vilify, slander and challenge us, I had little reason to expect or suspect that I would be prosecuted for merely offering to the public a few pamphlets containing those arguments I was so publicly called upon to produce. We have also had for many years in Edinburgh, and throughout the country the "Home Missionary Society," an association of clergymen and others of different denominations, but I think they may all be called intrusionists, for their avowed object is to support missionaries for the purpose of visiting every private family, and ascertaining what their opinions are, or as they style it enquiring into their "spiritual condition." Their motto is, "Go to the hedges and highways, and compel them to come in, that my house may be full."

But not content with that, they enter our houses and almost compel