That  like  the  present  was  an  action  for  an  alleged  libel,  being
an  extract  of  this  very  Report  by  the  Inspectors  of  Gaols.  There
were  put  on  the  record  two  pleas,  not  guilty,  and  a  justification
of  the  truth  of  the  charge,  namely,  that  the  pubUcation  referred
to  was  an  obscene  book.  My  Lords,  I  knew  nothing  of  that
case  until  within  two  days  of  the  trial ;  I  had  not  been  at  all
consulted  respecting  the  defence ;  I  had  no  opportunity  to  con-
sider how  the  plea  should  be  framed;  I  had  no  time  to  pre-
pare myself  to  ai^e  the  great  constitutional  question  which  it
raised  before  my  Lord  Denman.  There  being  a  justification  of
the  truth  of  the  chai^,  and  I  being  furnished  with  what  I  con-
ceived to  be  incontrovertible  evidence  of  its  truth,  I  had  anticipated
that  probably  the  other  question  that  might  be  raised  under  the
plea  of  not  guilty  would  meet  with  no  decision  at  Nisi  prius, — ^that
it  would  not  be  necessary  that  this  question  should  call  forth  any
opinion  of  his  Lordship.  My  Lords,  I  say  most  unfeignedly, — I
do  not  presume  at  aU  to  assert  that  the  right  course  was  not
adopted  by  his  Lordship, — ^but  I  say  with  sincerity  that  it  was  not
the  course  I  anticipated ;  for  I  should  otherwise  have  made  an
e£Port  to  be  better  prepared.  I  had  thought  that,  most  probably,
there  being  strong  evidence  to  prove  the  truth  of  the  charge,  his
Lordship  would  take  the  opinion  of  the  jury  on  the  special  justifica-
tion, and  they,  finding  it  established,  the  other  question  would  be-
come wholly  immaterial ;  or  if  the  jury  came  to  a  different  conclu-
sion, that  upon  a  question  of  such  novelty  and  such  magnitude,  re-
quiring such  long  and  laborious  research,  probably  the  noble  and


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