But that was not the point at issue.

Whether the prosecuted publication was a blasphemous libel or not, was a question for the jury at the proper time and in the proper place.

All Baron Huddleston was concerned with was whether a fairer trial might be obtained in a higher Court than in a lower one, and before a special jury than before a common one.

That question he never touched, and the one he did touch he was bound by legal and moral rules not to deal with at all.
Justice North briefly concurred with his learned brother, and refrained from adding anything because he would probably have to try the case at the Old Bailey himself.

What a pity he did not reflect on the injustice of publicly branding as blasphemous the very men he was going to try for blasphemy within forty-eight hours! The next morning, February 29, Mr.Ramsey, Mr.Kemp and I duly appeared at the Old Bailey.