PROSECUTION OF MR BRADLAUGH AND MRS BESANT.
On Friday, 23rd March, Mr Bradlaugh and Mrs Besant went together to
the Guildhall, to deliver the earliest copy of the new edition of the
Knowlton pamphlet to Mr Martin, the Chief Clerk, with a notice that
they would personally attend, at a certain hour on the following day,
to sell the pamphlet. Similar notices were left at the chief office
of the Detective Department, and at the office of the City Solicitor.
On Saturday afternoon Stonecutter Street was thronged with a crowd of
persons anxious to purchase copies of the pamphlet from Mr Bradlaugh
or Mrs Besant, and amongst these purchasers detectives were easily
identified by Mr Bradlaugh's quick eye. A few days later the partners
were arrested on a warrant--not served with a summons--and marched off
to Bridewell, after a fruitless search for compromising literature had
been made on the Stonecutter Street premises. From the Police Court,
where Mrs Besant had to endure the indignity of being personally
searched, they were conveyed to the Guildhall. Mr Alderman Figgins
heard the charge, and remanded the case until the 17th of April.
A defence committee was formed, which soon included the names of many
well-known men and women, both in England and abroad, and a fund
was started to meet the expenses of the defence. The long lists of
subscribers which appeared week by week in the columns of the _National
Reformer_ give unmistakable proof of the widespread sympathy.
When the further hearing of the case came on at the Guildhall,
the prosecution was conducted by Mr Douglas Straight and Mr Mead,
instructed by Mr Nelson, the City Solicitor. Mr Figgins was again
the presiding magistrate, and there were several other aldermen
on the Bench. At this hearing--which lasted a couple of days--Mr
Straight offered to proceed against Mr Bradlaugh alone, letting the
charge against Mrs Besant drop but to this the latter would on no
account agree. At the conclusion they were liberated on their own
recognisances, to appear at the Central Criminal Court on 7th May.
The prospect of standing in the dock of the Old Bailey was not very
alluring to my father, so he went to the Court of Queen's Bench and
made an application to the Lord Chief Justice (Sir Alexander Cockburn)
and Mr Justice Mellor for a writ of _certiorari_ for the removal of
the case to that Court, to be heard before a judge and a special jury.
After some argument the Lord Chief Justice said:--
"If, upon looking at it [the pamphlet], we think its object is the
legitimate one of promoting knowledge in a matter of human interest,
then lest there should be any miscarriage resulting from any undue
prejudice, we might think it is a case for trial by a judge and a
special jury. I do not say it is so, mark, but only put it so; that
if, on the other hand, science and philosophy are merely made the
pretence of publishing a book which is calculated to arouse the
passions of those who peruse it, then it follows we must not allow
the pretence to prevail, and treat the case otherwise than as one
which may come before anybody to try. If we really think it is a
fair question as to whether it is a scientific work or not, and its
object is a just one, then we should be disposed to accede to your
application, and allow it to be tried by a judge and special jury, and
for that purpose allow the proceedings to be removed to this Court.
But before we decide that, we must look into the book, and form our
own judgment as to the real object of the work."
Their Lordships took the book to consider on its own merits, and
refused to read the evidence given at the Police Court. A few days
later the writ was granted in the following words:--
"We," said the Lord Chief Justice, "have looked at the book which is
the subject-matter of this indictment, and we think it really raises
a fair question as to whether it is a scientific production for
legitimate purposes, or whether it is what the indictment alleged it
to be, an obscene publication. We think that is a question which will
require to be decided by a judge, and, we think, by a special jury,
and therefore there will be a writ of _certiorari_ granted."
Mr Bradlaugh's recognisances for £400 for the costs of the prosecution
were accepted. He regarded this granting of the writ by the judges,
going hand in hand, as it were, with the very plain language of the
Lord Chief Justice, as a most favourable sign; and on the matter of
the recognisances Mrs Besant wrote: "They become as we go on small by
degrees and beautifully less. We began by arrest on a warrant; from
a warrant we passed to liberation on bail, four sureties and our own
recognisances being required; from this we proceeded to liberation on
our own recognisances only, and now we are free on Mr Bradlaugh's sole
recognisance."
The name of the prosecutor had not yet transpired, though at the
outset it was assumed that the city authorities were responsible for
the proceedings, since at the first hearing before Mr Figgins the
name of the City Solicitor had been mentioned, while at the second
counsel appeared instructed by him. In May, however, the identity of
the prosecutor had sunk into still greater obscurity, for on the 4th
of that month Mr Nelson (the City Solicitor) declared in writing that
"the Corporation of London has nothing and never has had anything to
do with the prosecution." He further stated "in general terms" that
the prosecution was instituted by the Police. When, however, Colonel
James Fraser, the Commissioner of Police, was applied to, he evaded
any direct answer by referring my father to the sworn "information,"
which of course only gave the name of the detective, Wm. Simmonds,
who, as informer, had bought the pamphlet. Simmonds was formally asked
if he were the responsible prosecutor, but he merely acknowledged the
receipt of Mr Bradlaugh's letter. My father, on 11th May, applied to Mr
Justice Lush, at Chambers, for the name of the responsible prosecutor,
but while the judge expressed his opinion that he ought to know, he
regretted that he had no power to help him.
At this time the public excitement was further increased by the action
of the Government, which commenced to make seizures in the Post-Office
of literature sent out from the Freethought Publishing Company's
office. Not only were open book packets seized, but in some cases even
sealed parcels were suspected of being tampered with.
Not merely was Knowlton's "Fruits of Philosophy" confiscated, but
also copies of the "Freethinker's Text-book," and a pamphlet written
by Mr Bradlaugh entitled "Jesus, Shelley, and Malthus," as well as a
considerable number of copies of the _National Reformer_. Concurrently
with this a raid was made upon the shop of that brave old man, Mr
Edward Truelove, in High Holborn, and a large quantity of Robert Dale
Owen's "Moral Physiology," as well as another pamphlet "Individual,
Family, and National Poverty," were seized by persons representing
the Society for the Suppression of Vice, who immediately commenced a
prosecution against Mr Truelove.
In the last days of the month Mr Bradlaugh made an application to the
Court to take the case at an early day; it was fixed for the 18th June,
and shortly afterwards it became known that the Solicitor-General,
Sir Hardinge Giffard, Q.C., M.P. (now Lord Halsbury) was chosen the
leading counsel for the prosecutors--whoever they might be. Up to this
point--the eve of one of those great forensic contests which marked
various periods in Mr Bradlaugh's life--he felt that the press as a
whole had not been unfair, although indeed there had been some journals
coarse and foul in attack, usually on the ground of Mrs Besant's
association with himself. As regards the issue of the struggle, he
wrote that to predict the verdict would be worse than folly, though,
"should the deliverance be against us," he urgently begged his friends
to aid his daughters in keeping his journal afloat until he should
be free to edit it again. Mrs Besant's descriptive accounts of the
various preliminary legal proceedings are all written in a light, often
jesting, vein; indeed, I am inclined to think that she hardly realised
all the gravity of her situation; a true sense of the possibilities
involved was perhaps somewhat obscured by the atmosphere of excitement
and admiration in which she was living.
On the trial it was Mr Bradlaugh's object to show that the doctrine
of the limitation of the family was to be found in many other works
in general circulation dealing with economical questions; and that in
medical works, many published at popular prices, and some specially
intended for the use of young people, there were physiological
descriptions set forth in identical or even stronger language. Amongst
other witnesses Mr Bradlaugh subpoenaed Professor and Mrs Fawcett (to
formally prove certain statements in Prof. Fawcett's book), Charles
Darwin, the Rev. J. W. Horsley (Chaplain of the Clerkenwell House of
Detention), and the Rev. S. D. Headlam--the two latter to give evidence
as to overcrowding. Prof. Fawcett refused to take his subpoena, and
declared he would send Mrs Fawcett out of the country rather than that
she should appear as a witness in the case. A second attempt was made
to induce him to take the subpoena in a friendly way, but he again
refused, putting his hands behind his back so that the paper should
not be surreptitiously put into them--of which he need have had no
fear. Charles Darwin wrote his thanks for the courtesy of the notice,
saying:--
"I have been for many years much out of health, and have been
forced to give up all society or public meetings; and it would be
great suffering to me to be a witness in Court. It is, indeed, not
improbable that I may be unable to attend. Therefore, I hope that, if
in your power, you will excuse my attendance.... If it is not asking
too great a favour, I should be greatly obliged if you would inform me
what you decide, as apprehension of the coming exertion would prevent
the rest which I require doing me much good."
As Mr Darwin was going away from home, he gave addresses where he
might be found if he was wanted. But of course it was decided to
manage without his evidence. Mr Horsley and Mr Headlam were both
most courteous, and there was one volunteer witness whose help was
invaluable--Mr H. G. Bohn, the founder of the well-known Bohn's
Library. Dr Drysdale and Dr Alice Vickery also gave their assistance
with the utmost cheerfulness. The trial was heard before the Lord
Chief Justice, and extended over four days. The ability of the defence
excited universal comment, and the masterly summing-up of the Judge was
spoken of in the papers as being strongly in favour of Mr Bradlaugh and
Mrs Besant. But in spite of defence and summing-up the jury, after an
absence of an hour and a half, brought in the following verdict: "We
are unanimously of opinion that the book in question is calculated to
deprave public morals, but at the same time we entirely exonerate the
defendants from any corrupt motives in publishing it."
The Lord Chief Justice instructed the jury that this was a verdict of
guilty. The foreman bowed acquiescence. The Clerk asked if they found
the defendants guilty upon the indictment. The foreman again bowed,
and a verdict of guilty was recorded. Sentence was not pronounced
immediately; it was postponed for a week. The jury, however, were by
no means so decided at heart and so unanimous as the prompt bow of the
foreman led one to believe. One of these twelve "wise men and true"
applied to the Associate for £4, 4s. as payment for his attendance; two
others returned each their guinea fee to be put down to the defence;
one wrote that he did not agree with the verdict, subsequently stating
that six of the jury did not intend to assent to a verdict of guilty,
and that it had been arranged that if the Lord Chief Justice would
not accept their special verdict they should again retire and consult.
During the time they were locked in they discussed so loudly that they
were heard outside, and their discussion was found to be by no means
confined to the offence which they were supposed to be considering, as
it included amongst other things the heretical views of the defendants.
On the 28th June Mr Bradlaugh and Mrs Besant attended the Court of
Queen's Bench to receive judgment from the Lord Chief Justice and
Mr Justice Mellor. My father had thought it likely that there might
be a heavy fine, but unlikely that there would be any sentence of
imprisonment. He drew £250 from the bank, and showed me the notes as
he put them in his pocket-book, bidding me, in the event of a sentence
of imprisonment, take the notes from him and pay them into the bank
again; and my sister and I accompanied him and Mrs Besant into Court.
The Solicitor-General opened by moving the Court for judgment; some
discussion arose on the absence of the _postea_, and then Mr Bradlaugh
submitted three propositions to the Court: (1) A motion to quash the
indictment; (2) a motion for arrest of judgment; and (3) a motion for
a new trial. But the Lord Chief Justice would neither consent to a new
trial nor to a rule for an arrest of judgment; he left the decision
as to quashing the indictment to the Court of Error, declining,
however, to stay execution until error was determined. The arguments
over these points took up the whole morning, and after luncheon the
Solicitor-General, in order to influence the Judge in his sentence,
brought forward two affidavits, one asserting that Mr Bradlaugh and
Mrs Besant had continued to sell the pamphlet since the verdict, and
the other stating that Mrs Besant, in a speech at the Hall of Science
on the previous Sunday, had represented the Lord Chief Justice as
being favourable to them, and the verdict as against his summing-up.
Sir Alexander Cockburn was greatly incensed at the alleged reference
to himself, and regarded the continued sale in the light of "a grave
and aggravated offence." My father offered that if the Lord Chief
Justice would stay proceedings until the writ of error was argued, he
would pledge himself that no sort of advantage would be taken of the
indulgence of the Court to continue the sale of the condemned book;
but as yet the Judge was obdurate. "I think we must pass sentence," he
said. "Have you anything to say in mitigation?"
"I respectfully submit myself to the sentence of the Court," my father
replied in his gravest tones. "I have nothing to say in mitigation of
punishment," added Mrs Besant.
The Judge then proceeded to sentence them to imprisonment for six
calendar months, to a fine of £200 each, and to enter into their own
recognisances for £500 each for two years.
The judgment was delivered towards the end of a long day of hard and
wearisome fighting, and my father, who, with Mrs Besant, had of course
received the sentence standing, was very white; his voice, however, was
quite firm when, the Lord Chief Justice having concluded, he quietly
and respectfully asked, "Would your lordship entertain an application
to stay execution of the sentence?"
"Certainly not," was the answer. Mr Bradlaugh bowed; the officer of
the Court moved forward to take him and Mrs Besant into custody; my
father gave me his pocket-book, and bade us follow him as far as we
were allowed. We had nearly reached the door when the Lord Chief
Justice spoke again. In milder tones he said: "On consideration, if you
will pledge yourselves unreservedly that there shall be no repetition
of the publication of the book, at all events until the Court of
Appeal shall have decided contrary to the verdict of the jury and our
judgment; if we can have that positive pledge, and you will enter into
your recognisances that you will not avail yourselves of the liberty
we extend to continue the publication of this book, which it is our
bounden duty to suppress, or do our utmost to suppress, we may stay
execution, but we can show no indulgence without such a pledge."
Mr Bradlaugh replied: "My lord, I meant to offer that pledge in the
fullest and most unreserved sense, because, although I have my own view
as to what is right, I also recognise that the law having pronounced
sentence, that is quite another matter so far as I, as a citizen, am
concerned. I do not wish to ask your lordship a favour without yielding
to the Court during the time that I take advantage of its indulgence."
My father added that he wished it to be quite clear that he only
pledged himself to stop the circulation of the book until the decision
of the Court of Error. The Judge was satisfied with this assurance,
although the Solicitor-General was not, and Mr Bradlaugh and Mrs Besant
were liberated on their own recognisances of £100 each.
This "on consideration" of the Lord Chief Justice entirely changed the
course of events. In the following February (1878) the case was argued
in the Court of Appeal before the Lords Justices Bramwell, Brett, and
Cotton, who in a very elaborate judgment gave their decision in favour
of Mr Bradlaugh and Mrs Besant; and the indictment was quashed on the
ground that the words relied upon by the prosecution as proving their
case ought to have been expressly set out. Two American cases brought
forward by the Solicitor-General before the Lord Chief Justice as
against Mr Bradlaugh's argument were regarded by the Lord Justices
of Appeal as of no weight; while any value they might have had was
absolutely in favour of the defendants.
The total amount disbursed in this defence and provided by public
subscriptions was £1065. The expenses of the prosecution must have
been enormous; but to the end the name of the prosecutor was refused.
In March 1878 Mr Bradlaugh wrote: "It is not the Government, we are
assured on the highest authority; it is not the Vice Society; and it
is positively stated that it is not the city authorities, and yet the
City Solicitor instructed counsel, and the proceedings are conducted
from the law offices of the Corporation." However, in spite of the
positive statement of the City Solicitor, the official report of the
Common Council mentioned that the prosecution was ordered by Alderman
Ellis; and later, at a meeting of the Common Council, presided over
by the Lord Mayor, the Solicitor, in answer to a question, said
the prosecution was instituted by the city police and carried on
by him under the direction of Alderman Ellis. The actual costs of
the prosecution would be, he thought, "about £700." As Mr Bradlaugh
commented: "This becomes embarrassing; on 4th May 1877 Mr T. J.
Nelson wrote that 'the Corporation of London has nothing and never
has had anything to do with the prosecution.' If so, why do the city
authorities pay even £700 towards the costs? And who pays the rest?
For with three counsel to fee all through, £700 will most certainly
not cover the bill.... Why, unless the Solicitor-General, as a labour
of love, worked half-price, his fees alone would spoil the £700."
And, as my father further asked, "Why did Alderman Ellis direct the
prosecution?" for he was not even the sitting magistrate.
In addition to the main proceedings in the Court of Queen's Bench and
the Court of Error there were a number of side issues which were heard
before other Courts; points were argued in _banco_; an application was
made to Mr Vaughan for the 650 copies of the Knowlton pamphlet seized
by the Vice Society at Mr Truelove's. An appeal was lodged at the
General Sessions against Mr Vaughan's order for their destruction, a
successful application was made to the Court of Queen's Bench to quash
Mr Vaughan's order, and a summons heard against Inspector Wood for
unlawfully detaining the pamphlets. Not a few were the comments in the
press when twice within six months Mr Bradlaugh succeeded in getting
quashed decisions given against himself (first, the indictment, and
with it the sentence of imprisonment and fine, and next the magisterial
order). One journal even suggested that "much loss of time might be
avoided" if Mr Bradlaugh were appointed "to consult with our legal
luminaries and revise their decisions."
In the meantime Mr Edward Truelove had been twice tried. At the first
trial the jury did not agree; but at the second, which took place in
May 1878, he was sentenced to four months' imprisonment and a £50 fine.
Scores of purses were eagerly opened to furnish the fine, but no one,
alas! could relieve this brave heart from the hardships of a prison.
Mr Truelove, suffering for his opinion's sake, was obliged to wear the
garb of common felons and to associate with them, and although nearly
seventy years of age, he was compelled to pick oakum and to sleep upon
a plank bed.
The immediate effect of these prosecutions was to draw public attention
to the teaching of Malthus and his disciples. Works upon the population
question were eagerly bought and read; and as the subsequent gradual
lowering of the birth-rate in England testifies, the idea of the
limitation of the family to the means has certainly, if slowly, made
some way. The Malthusian League, first started by Mr Bradlaugh in
the early sixties, was, in 1877, revived on a much larger scale; its
branches and its literature soon spread to all parts of the kingdom,
and enormous meetings were held everywhere. In November Mrs Besant
brought out a pamphlet to supersede the Knowlton essay, entitled "The
Law of Population: its Consequence and its Bearing upon Human Conduct
and Morals." It was dedicated to the poor, and was eagerly welcomed
by them. Mrs Besant in 1891 withdrew her pamphlet from circulation,
a step which matters the less as, since 1877, there have been other
books written by medical men dealing with the same subject and issued
at popular prices. But although there was this distinct gain to the
public, not only in the stand made for the free discussion of such a
question of vital economical importance, and in the sweeping away of
general indictments, the cost to the principals in the drama was heavy
indeed. Mr Truelove, a man of unimpeachable integrity, was, as I have
just said, cut off from his family, and made the associate of felons.
In April 1878 Mr Besant appealed to the law to give him the custody
of his daughter.[8] The litigation arising out of this lasted many
months; Mrs Besant lost her child, was grossly insulted by Sir George
Jessel, and at length, the strain proving too much even for her strong
constitution, her health gave way, and she was thrown upon a bed of
sickness.
[Footnote 8: One of the reasons given for withdrawing Mabel Besant from
her mother's charge was that while with her she was liable to come in
contact with Charles Bradlaugh.]
Nor was the position much less trying for Mr Bradlaugh. It must not
be lost sight of that the ultimate responsibility for the defence, in
every detail of these different law proceedings continuing over several
years, remained with him: his hand was in it all. He made a great
fight, but his days and often the greater part of his nights were spent
in constant work and anxiety.