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When the case was called, the junior counsel for the prosecution applied for an adjournment on the score that his leader, Sir Hardinge Giffard, was absent, and he, the junior, did not feel able to argue the case. Bradlaugh curtly explained that
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Sir Hardinge Giffard has on more than one occasion refused to consult my convenience,
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should be entitled to make affirmation in Parliamentary matters; that the Evidence Amendment Act of 1869 enabled any unbeliever to give evidence in any court of justice on the presiding judge being satisfied that an oath would not be binding on his conscience; that the further amending Act of 1870 defined the term
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as covering any persons legally authorised to administer oaths for the taking of evidence; and that the Speaker was so authorised. Therefore defendant was entitled to affirm allegiance.
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I contend, said Bradlaugh,