The Times, New York, May 20, 1887
Within thirty miles of New York, in the city of Morristown, New Jersey, a man was put on trial yesterday for distributing a pamphlet argument against the infallibility of the Bible. The crime which the indictment alleges is blasphemy, for which the statutes of New Jersey provide a penalty of two hundred dollars fine, or twelve months imprisonment, or both. It is the first case of the kind ever tried in New Jersey, although the law dates back to colonial days. Charles B. Reynolds is the man on trial, and the State of New Jersey, through the Prosecuting Attorney of Morris County, is the prosecutor. The Circuit Court, Judge Francis Child, assisted by County Judges Munson and Quimby, sit upon the case. Prosecutor Wilder W. Cutler represents the State, and Robert G. Ingersoll appears for the defendant.
Mr. Reynolds went to Boonton last summer to hold "free-thought" meetings. Announcing his purpose without any flourish, he secured a piece of ground, pitched a tent upon it, and invited the towns-people to come and hear him. It was understood that he had been a Methodist minister; that, finding it impossible to reconcile his mind to some of the historical parts of the Bible, and unable to accept it in his entirety as a moral guide, he left the church and set out to proclaim his conclusions. The churches in Boonton arrayed themselves against him. The Catholics and Methodists were especially active. Taking this opposition as an excuse, one element of the town invaded his tent. They pelted Reynolds with ancient eggs and vegetables. they chopped away the guy ropes of the tent and slashed the canvas with their knives. When the tent collapsed, the crowd rushed for the speaker to inflict further punishment by plunging him in the duck pond. They rummaged the wrecked tent, but in vain. He had made his way out in the confusion and was no more seen in Boonton.
But what he had said did not leave Boonton with him, and the pamphlets he had distributed were read by many who probably would not have looked between their covers had his visit been attended by no unusual circumstances. Boonton was still agitated upon the subject when Mr. Reynolds appeared in Morristown. This time he did not try to hold meetings, but had his pamphlets with him.
Mr. Reynolds appeared in Morristown with the pamphlets on October thirteenth. A Boonton delegation was there, clamoring for his indictment for blasphemy. The Grand Jury heard of his visit and found two indictments against him: one for blasphemy at Boonton and the second for blasphemy at Morristown. He furnished a five hundred dollar bond to appear for trial. On account of Colonel Ingersoll's throat troubles the case was adjourned several times through the winter and until Monday last, when it was set peremptorily for trial yesterday.
The public feeling excited at Boonton was overshadowed by that of Morristown and the neighboring region. For six months no topic was so interesting to the public as this. It monopolized attention at the stores, and became a fruitful subject of gossip in social and church circles. Under such circumstances it was to be expected that everybody who could spare time would go to court yesterday. Lines of people began to climb the court house hill early in the morning. At the hour of opening court the room set apart for the trial was packed, and distaffs had to be stationed at the foot of the stairs to keep back those who were not early enough. From nine thirty to eleven o'clock the crowd inside talked of blasphemy in all the phases suggested by this case, and the outsiders waited patiently on the lawn and steps and along the dusty approaches to the gray building.
Eleven O'clock brought the train from New York and on it Colonel Ingersoll. His arrival at the court house with his clerk opened a new chapter in the day's gossip. The event was so absorbing indeed, that the crowd failed entirely to notice an elderly man wearing a black frock suit, a silk hat, with an army badge pinned to his coat, and looking like a merchant of means, who entered the court house a few minutes behind the famous lawyer. That last comer was the defendant.
All was ready for the case. Within five minutes five jurors were in the box. Then Colonel Ingersoll asked what were his rights about challenges. He was informed that he might make six peremptory challenges and must challenge before the jurors took their seats. The only disqualification the Court would recognize would be the inability of a juror to change his opinion in spite of evidence. Colonel Ingersoll induced the Court to let him examine the five in the box and promptly ejected two Presbyterians.
Thereafter Colonel Ingersoll examined every juror as soon as presented. He asked particularly about the nature of each man's prejudice, if he had one. To a juror who did not know that he understood the word, the Colonel replied: "I may not define the word legally, but my own idea is that a man is prejudiced when he has made up his mind on a case without knowing anything about it" This juror thought he came under that category.
Presbyterians had a rather hard time with the examiner. After twenty men had been examined and the defense had exercised five of its peremptory challenges, the following were sworn as jurymen....
The jury having been sworn, Prosecutor Cutler announced that he would try only the indictment for the offense in Morristown. He said that Reynolds was charged with distributing pamphlets containing matter claimed to be blasphemous under the law. If the charge could be proved he asked a verdict of guilty. Then he called sixteen towns-people, to most of whom Reynolds had given a pamphlet.
Colonel Ingersoll tried to get the Presbyterian witnesses to say that they had read the pamphlet. None of them admitted it. Further than this he attempted no cross-examination.
"I do not know that I shall have any witnesses one way or the other," Colonel Ingersoll said, rising to suggest a recess. "Perhaps after dinner I may feel like making a few remarks."
"There will be great disappointment if you do not" Judge Child responded, in a tone that meant a word for himself as well as the other listeners. The spectators nodded approval to this sentiment. At 4:20 o'clock Colonel Ingersoll having spoken since 2 o'clock, Judge Child adjourned until this morning.
As Colonel Ingersoll left the room a throng pressed after him to offer congratulations. One old man said: "Colonel Ingersoll I am a presbyterian pastor, but I must say that was the noblest speech in defense of liberty I ever heard! Your hand, sir; your hand."[1]
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