The Sun.
London, England, 1861-04-15 00:00:00

ANOTHER " 047.11 CASE."

On Thursday, at the Wigan County Court, before
J. S. 'l'. Greene, Esq., jud,,,r, was heard a c ise
in which was involved a question very similar to
that raised in the Rochdale oath case.—Mr. Stephen-
son M. Struthers, reporter of Wigan, sued Charles
Bradlaugh, a secularist lecturer, who has assumed
the title of "Iconoclast," for ill 16s, the balance of
an account which plaintiff alleged was due to him
for a report of a debate which took place in Wigan
in February last, between Mr. Hutchings and the
defendant, on "Whether is Christianity or Secu-
larism best calculated to promote human happiness."
The case for the plaintiff having closed, Mr, Brad-
laugh took the book in hand to be sworn. Mr.
Mayhew said : Mr. Bradlaugh, I ask you, if you
believe in the religious obligations of an oath ?
Mr. Bradlaugh : I object to that before I am sworn.
The Judge said that no objection could be taken to
the question. After the oath was taken no objec-
tion could be made.—After some further discussion,
Mr. Bradlaugh said : I state in the words of ono of
the decisions that I consider the oath binding upon
me.—The Judge : Do you believe in a future state
of rewards and punishments ? Mr. Bradlaugh : I
state in the words of a case decided.—The Judge :
Do you believe in a future state of rewards and
punishments ? Mr. Bradhaugh : According to the
legal opinion of the law of the thing. The Judge :
It is not arguable. Mr. Bradhaurqh : Permit me
to refer you to the case in which it_ was de-
cided, it was sufficient if there was a belief in
a future state of rewards and punishments
in this life. The Judge : It is absurd to
talk of a future state in this life. Do you
believe in a state of future rewards and punish-
ments ? Mr. Bradlaugh : I still object—l am not
bound to answer the question.—The Judge : You
won't answer the question. Mr. Bradlaugh : I am
ready to be sworn. The Judge : That is not the
objection. Mr. Mayhew read the following extract
from " Taylor on Evidence," " Persons insensible
to the obligations of an oath from defect of religious
sentiment and belief are also incompetent to tes-
tify as witnesses, because the very nature of an oath
presupposes the belief in the existence of an omnis-
cient, supreme Being who is the rewarder of
truth and punisher of falsehood ; without
this belief the person cannot be subject
to that sanction which the law deems an
indispensable test of truth."—The Judge: I have
so much reverence for the name of what I consider
the Supreme Deity that I do not like to put the
question. " Do you believe in the existence of a
God ?" because to me whether by education, or
whatever it may be, I always think that to use the
name at any time, except there is an extreme neces-
cessity, is to use it in vain ; and there is a command
which, according to my belief, tells me not to do it.
I did not wish to put it so strongly in the firstmstance.
Mr. Bradlaugh : I will then ask Sou, under the. Com-
mon Law Procedure Act 0f1854, which admits affir-
mation,
persons
affirm.—The
ne Judge
oath
a wtk h n:
as
havelta isd
a religion,
ta t o
Separatists,p
given -
takestoome
ministered in courts of justice, to affirm. Mr.
Bradlaugh : I think you will find it extends to those
beurtmd permit
n m et t
and
n likeda ffirm.
persons who have conscientious scruples—. The
Judge. Conscientious scruples to taking the oath !
There are persons who say " yea" and " nay" are
quite sufficient. They have conscientious scru-
ples. In this same way the Jew has a con-
scientious scruple to taking the oath as ad-
ministered in a Christian court of justices. He
is permitted to take his oath in a peculiar man-
ner ; but it is because he acknowledges the
existence of a Supremo Deity. If the Jew was
allowed to do so after having acknowledged whether
he was a Sadduceo or a Pharisee, it would be dif-
ferent. You are not a Separatist, Jew, or a foreigner
taking the oath in a particular manner—as the
Chinese, Persians, or Japanese. ' Mr. Bradlaugh :
Well, your Honour, I object, The Judge ;

You Will not answer. my question
believe in the existence cf a suprem
Mr. Bradlaugh : object that the answ. et)jf
in the negative, would subject me to a crunfuil
presecution.—The Judge : Do you believei
n. a
state of future rewards and punishments? I\lr.
Bradlaugh: 1 object that -The ''Judge:
Then I shall not permit you to give any evidence
at all, and 1 think you useape very well in not
being, vent to gaol.-1115 Honour, in f,umtning up,
said Mr. Bradlaugh would meet with the same
measure of justice as any other individual, but he
was bound to measure out justice according to the
legal standard. He (the Judge) was obliged to
treat this as an undefended case, and the verdict
would be for the plaintiff with full amount.

THE COILING EUROPEAN STRUGGLE,

not difficult to
-- -*
Events make it every day more plain that the
contlict between dynasties and peoples which has
begun in Italy must last with intervals of repose
olry h
exhh apuasrttiyi. oi. autinst ivl one
be pi
ta ritsy is conquertd.
predict. The courts, the nobles, and the fame_
tionarics of Europe are endeavouring to avert an
inevitable future. What alliances may be formed,
what battles may be fought, what heroes may
ti of the ltalian rise from among the multitude, what statesmen
may lose their reputation, place, or life, in the
chances of the struggle, may be hid in darkness,
but the issue is as clear as noonday. In spite of
Pope and Emperor, Rome will become the capi-
talliantgdloemas't
and
Venice
its cities. The Hungarians and Slaves will obe
an independence,
even the Poles will extort further concessions,
and rid themselves of pedantic governors and
administrationone r
;
martinet commandants. But this victory is not
to be had without exertions, in which we, though
we look on the contest from a distance, must
have our share. It will be asked why, as these
things, are sure to happen, We should interfere.
Can we delay or hurry the feet of fate ? What
is to be will come to pass without our assistance
and in spite of our hindrance. Such fealism,
however, is not likely to find f-avrour with men of
action. When we believe that the Liberal party
in Europe is destined to prevail it is because we
see that the forces acting in its fat our are far
greater than any which serve the interests of its
opponents. Even should England cast in her lot
with the latter, it could alter very little the course
of events. But by energetic and consistent action
in accordance with the principles held by the
great mass of the people the British Govern- •
ment will, no doubt, succeed in making more
easy the inevitable transition. Although we
may not place an army in the field, or direct
our fleets to blockade the ports of any obsti-
nate Sovereign, yet there is a part which may
be worthily played by this country. By using
the influence which it possesses as a strong
wealthy, independent, and Conservative power,
suspected of no sinister designs, and plainly
anxious only for the peace of Europe, the British
Government may prevail on the German powers,
and even upon Russia, to act, with prudence at the
present conjuncture. By a vast outlay in money,
and by an equally important sacrifice of time and
ease, the people of England have not only placed
their country in a state of defence, but shown the
continent that their weight would be decisive of the
result in a European war. We are on terms of
amity with France which are only possible to a
state which fears and desires nothing. We are
united to the people of Germany by ties of religion
and similarities of intellect and character; even the
rulers of Austria know that we desire nothing
better than that she should receive new strength
by the contentment of her provinces. But to effect
these objects England must be united. The Go-
vernment must not only be at one wich the people,
but it must act with such unity and promptitude
as to give the reactionary party no hopes of a future
change. Strange as it may seem, the policy of
England is even now a matter of doubt in many
quarters abroad. Sovereigns and Camarillas are
slow to learn ; at home they will hardly believe in
discontent until they are dethroned or expelled,
and even afterwards they look upon every petty
disturbance as the sign of a speedy restoration. In
their judgment of foreign countries they are equally
optimists. They cannot conceive a Government
existing which does not share their own views and
instincts, which does not think them the most ill-
used and their opponents the most execrable of
mankind. Perhaps by this time the Courts of
Vienna and Berlin may be convinced that the Eng-
lish people are steady in their sympathy with the
Italian cause, but they have a secret hope that this
sympathywillnotpermanently influencethe policyof
the state. The Austrians count much on our jealousy
of France; on our fear that united Italy would be a
powerful ally of France; on our desire to thwart Napo-
leon's ambitious views of an increase of territory.
Such notions are not wholly false ; they have a basis
in:the actual opinions pf the English people, and are
justified both by some despatches of our Ministers
and by some speeches of our independent members.
But the German courts and the pretenders to the
Italian crowns rely on these rivalries to an extent
which leads to most inaccurate conclusions. We
in England know that were Austria to march into
Lombardy, Napoleon, in attacking her, would have
the good will of our public so long as he abstained
from the aggrandisement of his own dominions.
But Austria still believes that in such a case Eng-
land would be on her side. Popular opinion, she
thinks, is fickle, and she fancies that there is a more
permanent element of British society attached to
her by an enduring alliance. Hence she is re-
solved to hold out ; she pours troops into Venetia
encourages the obstinacy of the Pope, and smiles on
the hopes of the Neapolitan pretenders. That such
hopes should be destroyed is in the interest of this
country, of Europe, and of Austria herself. As for
ourselves, it is clear enough that as long as the pre-
sent state of Italy continues our seventy millions of
taxation will know little diminution. To prolong
the agony of P.o.ne. and Venice is a crime which
will most certainly be dearly expiated by Vienna
and the Legitimist courts. It is therefore, we
think, the duty of every authority in this country
to press on Austria the necessity of yielding.
That the Cabinet and the House of Commons fully
represent the country in this matter is beyond a
doubt. What we must all desire is that Lord Pal-
merston and Lord John Russell should be able to
convince foreign powers that in no quarter is there
any antipathy to the Italian cause. As long as
statesmen are unable to conceal from the diploma-
tists with whom they deal that they maintain their
policy only through the support given them by the
strong feeling of the people, it will be impossible
for England to have her just weight in European
affairs. The country has a right to expect that
neither Vienna nor Berlin shall have reason to
cherish expectations in disaccord with the warn-
ings of the Crown's responsible Ministers. Such
encouragements can do no good to the disor-
ganised empire which they are intended to benefit.
They may increase the difficulties of the Italians,
but they can only lure the two German powers into
a policy which may be their ruin.—Times.

SPORTING INTELLIGENCE.

TATTER,SALL'S-SATURDAY.

In consequence of The Craven meeting at Newmarket
commencing on this day, the Subscription Room was open( d
on Saturday for the convenience of the members for the ad-
justment of the heavy balances of the past week's racing,
which occupied the greater part of the afternoon. The
room was densely crowded. The business "on hand" appa-
rently passed off satisfactorily, which might have been anti-
cipated from the strong "run" that set in in• favour of the
fielders. On the resumption of business on the forthcom-
ing events,
The Newmarket Handicap was introduced by the " rush
to get on" the Metropolitan winner Parmesan, whose clos-
ing price was, as near as we could collect, 3 to 1; a point
more would have insured a host of supporters. Saweutter
also was in request at 6 to 1; Zaretan at 7 to 1.
denTelyt
7CtitzTbEeninCgutrh.e—hCighhereest offAmeireedh;ad an up
at
the cameard
time en-
Light sprang from the outside division to 25 to 1 taken to
upwards of £3OO, evidently from his recent race at Epsom.
Mr. Day's mare Schism was also touched upon, but with
extreme caution, 30 to 1 being quietly booked, but at the
close 25 to 1 was the best price. Wallace was nominally
at 20 to 1. Butterfly, who for some time has floated in
the " sunshine" of favour, suddenly receded to 1000 to 10.
wt
which was currently offered, but without meeting with ft

but
aaaa amounts.iggssis:
it zs aah,
clAr Parmesan
leie,treitt eruirti
:it
response.
THE DERBY.—Dundee was asked after, 9 to 2 being
offered ; half a point more would have been taken to money.
The others returned in our "price current" were supported,
The following is the latest return of the betting
(offered--take 4 to 1)
276370 ttttt::o 1111
agst Wallace (offered)
en)
25 to 1 agst Light (taken freely)
25 to 1 agst Schism (taken)
1000 to 10 agst Butterfly (taken)
DERBY.
9to 2 agst Dundee (offered—take sto 1)
16 to 1 agst Big Ben (offered)
20 to 1 agst King of Kent (taken)
25 to 1 agst Neighbour (taken)
25 to 1 agst Kettledrum Offered) .
40 to 1 agst Diophantus (takell
50 to 1 agst Robin Hood (offere )
100 to 1 ;Ist balte (WWII)
eTinE(rtiaiit:ket^c‘aeNkuni)(l)::i: A P .