CHAPTER XVII.

THE DEVONPORT CASE, 1861.

In the early sixties the Freethinkers of Plymouth were a fairly active

body; their hall, the "Free Institute," in Buckland Street, they owed

to the liberality of one of their members, Mr Johns, and there were

some tolerably energetic spirits to carry on the work. At that time Mr

George J. Holyoake was a great favourite in the Western towns, and Mr

Bradlaugh was fast winning his way. He was gaining public popularity

and private friendships on all sides, when an incident occurred which

brought out some of his most striking characteristics and rivetted some

of these friendships with links of steel.

He had arranged to lecture at Plymouth for five days during the

first week in December 1860. The first three and the last of these

lectures were given in the Free Institute; but that for the Thursday

was announced to be given in Devonport Park. At the appointed time a

considerable number of people had assembled, and Mr Bradlaugh was just

about to address them when he was accosted by the Superintendent of

the Devonport Police, who stated that he was authorised by the Town

Council to prevent such lectures, and "all such proceedings in a place

created alone for the recreation of the public." Mr Bradlaugh pointed

out that the Temperance advocates used the Park; why should not he?

Mr Edwards, the Police Superintendent, not only refused to argue the

matter, but said further that if Mr Bradlaugh persisted in his lecture

he should use measures to eject him from the Park. There was a little

more talk, during which Mr Bradlaugh reflected that he was by no means

certain as to what were his rights in the Park; and in the end he

decided not to lecture there that evening. To use his own words, he

"submitted, but with a determination to do better at some future time."

Mr John Williamson (now in Colorado), writing at the time, says: "On

Monday, the 3rd. Iconoclast arrived by the 5 p.m. train, very much

fatigued, and looking ill; he had to go to bed for a couple of hours

before lecturing ... during his stay he suffered much from neuralgia,

which interfered with his rest by night." These few words as to the

state of my father's health will give us some idea of the strain upon

him in all these stormy scenes, added to the anxiety of earning his

living. A comparison of dates will show that many of these episodes ran

concurrently, although I am obliged to tell them separately for the

sake of clearness. I take these incidents in order of their origin; but

while one was passing through its different stages others began and

ended. In addition to these more important struggles, there was also

many a small matter which as yet I have left untouched. All this must

be borne in mind by readers of these pages who wish to get a clear idea

of Mr Bradlaugh's life. My pen, unfortunately, can only set down one

thing at a time, though careful reading can fill in the picture.

The prohibition at Devonport Park was merely a sort of prologue; the

real drama was to come, and the first act was played exactly three

months later. Mr Bradlaugh had, as he said, determined "to do better at

some future time;" with this end in view he set aside a fortnight early

in March, to be devoted to the conquest of Plymouth, and the campaign

opened on Sunday the 3rd.

A field known as the "Parson's Field," or "Parsonage Field,"

adjoining Devonport Park, was hired in February for "two lectures by

a representative of the Plymouth and Devonport Secular Society," for

the first two Sundays in March. Accordingly, about half-past two on

the afternoon of Sunday the 3rd, Mr Bradlaugh went thither accompanied

by two friends, Mr Steed and Mr John Williamson. He took his place

upon a gravel heap, and was just about to speak, when he was informed

that the police were coming into the field, and on looking round he

saw Mr Edwards (the Superintendent), Mr Inspector Bryant, and several

constables. Mr Edwards forbade him to proceed with his lecture, saying

that he had authority to remove him from the field. Mr Bradlaugh

answered that he had given way in Devonport Park because he was then

uncertain as to his rights; now the Superintendent had no right to

interfere; he had an agreement with the owner of the field; he was the

tenant, and there he should remain unless he was removed by force. He

thereupon turned to the audience and commenced his lecture with these

words: "Friends, I am about to address you on the Bible----." His

speech was here brought to an abrupt conclusion, for, acting under the

orders of the Superintendent, he was seized by six policemen,[59] of

whom he said:--

[Footnote 59: It is not without interest to note the number of police

that were always employed when there was any question of forcibly

removing Mr Bradlaugh. The Devonport superintendent contented himself

with six. Twenty years later the House of Commons employed fourteen--at

least, I am told that it was eleven policemen and three messengers.]

"Two attended to each arm, the remaining two devoting themselves

to the rear of my person. One, D. 19, I should think had served an

apprenticeship at garrotting, by the peculiar manner in which he

handled my neck. Our friends around were naturally indignant, so that

I had the threefold task to perform of pacifying my friends to prevent

a breach of the peace, of keeping my own temper, and yet of exerting

my own physical strength sufficiently to show the police that I would

not permit a continuance of excessive violence. In fact, I was obliged

to explain that I possessed the will to knock one or two of them down,

and the ability to enforce that will, before I could get anything like

reasonable treatment."

D. 19 in particular made himself very objectionable; twice Mr Bradlaugh

asked him to remove his hand from the inside of his collar, but D.

19 would not, so at length he had to shake him off. When the six

policemen, aided by their Superintendent and Inspector, succeeded in

getting Mr Bradlaugh out of the field, Inspector Bryant told him to go

about his business. He replied, "My business here to-day is to lecture;

if you let me go, I shall go back to the field." The Superintendent

said that in that case he would take him to the Station-house. Mr

Bradlaugh, who was all this time bareheaded in the keen air of early

March, asked for his hat. Mr Williamson stepped forward to hand it to

him, but was pushed roughly aside by the police, and Mr Bradlaugh did

not get his hat till later.

At the Police Station he was detained for some time whilst the question

of bail was under discussion. This was twice refused, once on the

ground that there was no power to accept bail on a Sunday; and after

being subjected to the indignity of being searched, Mr Bradlaugh was

taken into an underground stone cell, without fire, light, chair,

or stool. In the cell there was "a straw palliasse, with a strange

looking rug and one sheet." This cell, it afterwards transpired, had

not been used for two years. In this dungeon-like place he was kept

for four and a-half hours, from half-past four until nine o'clock on

an evening in the beginning of March. At this hour the Superintendent

allowed him the luxury of a stone corridor in which there was a fire;

he was placed here in charge of a policemen, and also allowed the

company of Mr Steer, a Freethinker, who had attended the meeting and

had been taken into custody on a charge of assaulting Mr Edwards while

"in the execution of his duty." Mr Bradlaugh was at the outset charged

with inciting to a breach of the peace, but on Monday was also further

charged with an assault upon Mr Edwards. In the morning he and Mr Steer

were brought up, like felons, through a trap-door into the prisoner's

dock. Their appearance in court was greeted with a hearty burst of

cheering, which the magistrates (of whom there were not less than nine

upon the bench) tried in vain to suppress. The Court was very full, and

such a great crowd had assembled outside the Guildhall, previous to the

opening of the doors, that the Mayor (J. W. W. Ryder, Esq.) decided

that the Court ordinarily used for police business was too small, and

that the case should be heard in the large hall. The case was opened

by Mr Little, of the firm of Messrs Little and Woolcombe, on behalf

of the plaintiff, Mr Superintendent Edwards. After he had recited the

charges, he said he was instructed by the magnanimous Edwards that he

had no desire "to press strongly against the parties, if they would

make a promise not again to make an attack upon public morals." Once or

twice during the progress of the case, Mr Bradlaugh came into collision

with Mr Bone, the magistrate's clerk, but on the whole he carried his

points fairly easily. The case lasted the whole day right into the

evening, and was adjourned to Friday the 8th to give Mr Bradlaugh time

to procure evidence. He and Mr Steer were bound over in their own

recognizances of £20 each.

The Court was again crowded on Friday, every part of the building being

crammed, and the spectators included several dissenting ministers of

various denominations. When Mr Bradlaugh made his appearance in the

dock he was, as before, greeted with tremendous and repeated cheering.

The magistrate's clerk got quite excited, and called out again and

again, "You ought to be ashamed of yourselves." The Mayor commanded the

police to keep their eyes on the persons guilty of such manifestations,

and to take them into custody if necessary. During the course of the

proceedings he gave this order several times in one form or another,

and succeeded in provoking a considerable burst of laughter, as

occasionally nearly every person in Court was cheering or hissing

according to his sentiments, and the Superintendent could hardly have

afforded six constables to capture each disturber. However, at my

father's request, his friends ceased to cheer. The charge against Mr

Bradlaugh was dismissed without hearing the whole of the evidence for

the defence.[60] The magistrates found Mr Steer guilty, but said that

they did not consider the assault to have been of a severe character,

and therefore fined him only 5s. and costs, not to include attorney's

costs. Of course, the question of religious belief was raised on

the swearing of the witnesses for the defence, but the only two who

were questioned happened to be religious persons--one, indeed, was an

"Independent Nonconformist," who was on his way to chapel, and was

attracted to the field by the crowd and the presence of the police. On

the following day (March 9th) notices were served by the authorities,

representing the War Department in Devonport, on the Plymouth

Freethinkers and others concerned, forbidding the use of the Park for

the purpose of lectures; Mr Bradlaugh therefore lectured on Sunday[61]

in the Free Institute, while he turned over in his mind a plan for the

following Sunday (17th). He announced to his audience that he intended

to lecture "very near the Park," but the precise spot would not be made

known until it was too late for the police to interfere.

[Footnote 60: The descriptions of Mr Bradlaugh which appeared in some

of the Devonshire papers, and the opinions expressed in them, are

rather amusing to read now, so many years after they were written. The

_Devonport Telegraph_ said that Mr Bradlaugh was twenty-eight years of

age, and his cross-examinations were such "as would have done credit to

an able barrister."

The _Western Morning News_ said that he was "apparently about

thirty-four years of age, and 5 ft. 10 ins. in height, is stoutly

built, of a sallow complexion, and his countenance is adorned with

neither whiskers nor moustache. He possesses intelligent features,

and a commanding forehead, and he wears his hair brushed behind his

ears.... His examination of the witnesses was conducted with facility

and with much regularity.... He sustained his equanimity of temper in

an admirable manner."

The _Devonport Independent_, referring to the presence in Court of

the various dissenting ministers and others, said "they could not

help admiring his [Mr Bradlaugh's] remarkable precision, his calm and

collected demeanour, and the ability with which he 'conducted his own

case' as well as that of his friend.... He is about twenty-eight years

of age, slight, and of a fair complexion, above the ordinary height,

and bearing the impress of an intelligent countenance."

The _Plymouth Mail_ thought "the infidel lecturer Bradlaugh and his

friend Steer got off easily."

The _Western Daily Mercury_ gave very full reports of the trial, and

under the heading "Scandala Magnata" wrote a condemnation of the

prosecution. It also inserted a number of letters on both sides:

one, from "an old subscriber," who described himself as "the father

of a family and lover of the truths of Scripture," wished that

the inhabitants had "routed the wicked man Bradlaugh out of the

neighbourhood," and expressed a desire that the Government should

punish the dockyard men who co-operated with Bradlaugh.]

[Footnote 61: Meanwhile the Park was occupied by the military and the

police in readiness to clear away the "infidels" should they appear.]

Bills were posted to the following effect:--

"In consequence of advice received, 'Iconoclast' will deliver an

open-air address on Sunday forenoon, and will be present near the

Devonport Park Lodge about half-past ten in order to vindicate the

right of free speech."

Considerable excitement prevailed in Plymouth. Some thought that,

in spite of the notice from the War Office representatives, the

lecture was to be given in the Park itself; others thought a certain

three-cornered field had been hired. All were wrong; private ground

could not be had for love or money, the owners and renters of all such

having joined the police and the clergy; vacant land belonging to the

borough was also out of the question, because my father felt that to

have lectured on such ground must have resulted in a collision with

the police, and might have ended disastrously for some of his friends.

Mr Bradlaugh, Mr Williamson, and Captain Trenaman consulted together,

and--who originated the idea I do not know--after ascertaining that

all the water was under the jurisdiction of the Saltash Corporation,

it was resolved to give the lecture from a boat in such a way that

while the audience were in the borough of Devonport, the speaker, only

a few yards distant from his hearers, should be outside the Devonport

jurisdiction.

"On Sunday morning, unfortunately, it rained in torrents and blew great

gales," lamented Mr Bradlaugh, in a brief description of the day's

adventures. "We, however, determined to persevere, and on arriving

near the Devonport Park Lodge I soon found myself at the head of a

considerable number, who, despite the rain and the wind, followed me

to Stonehouse Creek, a small tributary of the river Tamar, where I

embarked on board the boat previously hired, and on which we erected

a sort of platform from which I delivered a short address, the union

jack being hoisted at the head of the boat. Directly after I had

commenced to speak, Mr Superintendent Edwards made his appearance, and

certainly looked most disconsolate when he found the plan I had adopted

to avoid his vigilance. As it was still raining very hard, I made my

address a very brief one, telling the people that I was very glad of

the opportunity of asserting the right of free speech, and promising to

assert it again when I next visited Devonport. I was cheered several

times notwithstanding the still descending torrent. Mr Edwards, who

had nearly captured the cab containing my wife, had under his command

no less than twenty-eight policemen besides Inspector Bryant, and the

Mayor was prepared with the Riot Act; but all their precautions were

set at naught, and the right of open-air propaganda was victoriously

asserted. Mr Superintendent Edwards, with scarcely bottled up ire and

indignation, endeavoured to find a victim in the licensed waterman, but

even here he was defeated, as Captain Trenaman had taken his own crew."

Mr Bradlaugh concluded his account by thanking the friends who had

helped him "and the bold Trenamans, father and son, who commanded

under me my first marine endeavour at Freethought propaganda."

Immediately after the conclusion of the police proceedings Mr Bradlaugh

wrote a letter to Superintendent Edwards demanding that he should

publish an apology in certain papers and pay £10 to the Devon and

Cornwall Hospital, £10 to the Stoke Female Orphan Asylum, and his (Mr

Bradlaugh's) witnesses' expenses; but the messenger who delivered the

letter was informed by Edwards that he would take no notice of the

communication, but would consign it to the wastepaper basket. In fact,

all the written reply that Edwards did make was of the shortest and

curtest; it consisted merely of these words: "I beg to acknowledge

the receipt of your letter of this morning." After such a letter, my

father put the matter into the hands of his solicitor, who laid it

before counsel for advice, with the result that legal proceedings were

commenced against Mr Edwards for assault and false imprisonment.

A little later at a meeting of the Devonport Town Council the Watch

Committee reported that they had instructed the Town Clerk to take

measures for Mr Edwards' defence, and asked the Council's approval of

what they had done. After considerable discussion twenty-eight persons

voted for the adoption of the report and two against. The names of

those voting were formally taken down, and it is rather curious to find

that at least four members of the Council who voted that the Town of

Devonport should undertake the expense and conduct of the defence of

the Police Superintendent, had sat upon the Bench and decided against

him without troubling my father to go through the whole of his case. In

their capacity as magistrates they were compelled by the evidence to

find him wrong: as Town Councillors they allowed their prejudices full

scope, and voted that the borough of Devonport should find money to

support the Superintendent in his defence of what they themselves had

agreed were wrongful acts.

The case against Mr Superintendent Edwards came on at the Devon Lammas

Assizes at Exeter, before Mr Baron Channell, on Monday, July 29th. The

reports[62] say that

"the Court was crowded, great interest being excited in the case. Many

ladies were present, and nearly the whole of the briefless barristers

on the circuit seemed roused from their ordinary drowsy dulness into

something like life and activity. The case lasted from ten in the

forenoon until nine in the evening, and was tried before a special

jury."

[Footnote 62: _National Reformer_, the _Western Morning News_, and

_Western Daily Mercury_.]

Unfortunately, Mr Bradlaugh made one great and irreparable blunder.

Instead of conducting the case himself, he allowed himself to be

persuaded into briefing counsel, Mr Robert Collier, Q.C., M.P., and

Mr Cole. The nature of this blunder, and its importance before a

special jury in a cathedral city, may be realised by reading a few

words of comment from a hostile leader on the case which appeared in

the _Western Morning News_ for July 31st. This journal, which was

so unfriendly towards my father's cause as to aver that the devout

Christian looked "to the State to keep the Queen's highway free from

Atheist lecturers and infidel propagandists," nevertheless stated in

the most distinct fashion that "the counsel for the plaintiff was far

more anxious to assert his own orthodoxy than his client's rights." And

with this opinion I think most people will agree who read the Counsel's

speech for the defence; not, however, that I intend to give the whole

of Mr Collier's speech, because it is at once too long, and it goes

over ground with which we are already familiar; still, I will quote a

few of his expressions to prove that I am not judging him too hardly.

Almost in the opening words of his speech Mr Collier said: "I am

informed that Mr Bradlaugh desired to deliver a lecture or a sermon--I

hardly know which." This was pure prevarication, as the utmost pains

had been taken to give Mr Collier the whole facts of the case. A little

later he stated:--

"Mr Bradlaugh belonged to a Society called the 'Secular Society.'

Now I have never heard of the Society until this, nor did I ever

hear of 'Iconoclast' before.... I really don't know what their [the

Secularists'] tenets are, but I believe they are connected in some way

with the Unitarians."

This assertion was so monstrous that it immediately brought forth a

letter of repudiation from the Rev. Henry Knott, Unitarian Minister of

Plymouth; although, to do this gentleman justice, he said he believed

that the Secularists were themselves "much too honest to wish to

identify themselves with a body of Christians who have frequently

opposed them in fair and open controversy." Mr Collier then wrote

a letter to the Rev. Henry Knott in reply, regretting that he had

misrepresented the Unitarians, and saying further:--

"As to the 'Secularists,' I had never heard of them until I had

received the brief in 'Bradlaugh _v._ Edwards.' I have since

ascertained, however, that they are a considerable sect; so much so,

that I wonder that I had not heard of them. _I was informed that a

portion of them was connected with the Unitarians_, and therefore

supposed that a portion of them acknowledged the Divine origin of

Christianity; _if I was misinformed_, I am very sorry for it."

The italics are mine; and if Mr Collier meant to imply that he received

this information from his client or his attorney--the only persons

from whom he should have received information bearing on the conduct

of this case--he still further dishonoured himself, because the

utmost candour was shown him in laying the facts before him, and most

assuredly no such statement as that quoted could have been made to him

by sane men who knew the facts.

But to return to Mr Collier's speech. I will give just two more

quotations, and then leave it:--

"I should be extremely sorry," he said, "if I were understood, as

the advocate of Mr Bradlaugh or anybody else, as for one moment

defending any circulation, either by printing or by word of mouth, of

anything libellous, seditious, or blasphemous.... If Mr Bradlaugh had

been permitted to preach, and if he had preached anything improper,

blasphemous, or seditious, I should not have complained of the

superintendent; on the contrary, I should praise him if he had taken

the proper measures for bringing him before a court of justice."

"I will conclude," he further said, "with this remark, that I cannot

help thinking that if the doctrines of this Secular Society, or any

other Society, are preached, which you and I and all of us may think

pernicious, by far the best thing is to let them alone. 'Truth is

great and will prevail,' and we need not fear that the foundation of

our religion will be shaken by a thousand Bradlaughs; and I cannot

think of anything so pernicious and likely to prevent that very object

we seek to accomplish, and to elevate persons such as these from

obscurity into fame, as by making them unjustly martyrs. I cannot

help thinking that the superintendent of the police, although acting

from the very best motives, was acting with very great haste and

indiscretion."

If Mr Collier had been briefed by the other side also, he could hardly

have made a more equivocal speech; and it will be easily understood

how much it was likely to prejudice both the judge and jury against a

man whose opinions were so well known, and who had made no pretence of

concealing them. The defence made every effort to avail themselves of

the _odium theologicum_ when it came to Mr Bradlaugh's turn to take

his place in the witness-box. Mr Montagu Smith, Q.C., counsel for the

defence, wished to cross-examine Mr Bradlaugh on some former lectures

in which he expressed his disbelief in the Bible; Mr Collier objected;

Mr Smith persisted; Baron Channell then allowed the question, taking

note of Mr Collier's objection; Mr Smith again put his question, and my

father replied: "I object to answer that question on the ground that

if I answer it in the affirmative it will subject me to a criminal

prosecution." Then came a little scene, which will strike those

who have been in the law courts with Mr Bradlaugh as by no means

unfamiliar:--

"His Lordship then asked for the Act of Parliament, and

"The Plaintiff immediately replied: It is the 53rd William III.

Archbold recites the statute.

"His Lordship and the learned counsel were then engaged in finding

it; and after having spent some time in vain, the plaintiff asked for

a book, and on its being presented to him, he immediately found the

statute in question, which he handed to his lordship. The learned

judge then read it to the counsel, and said, this statute only applies

to those educated in or making profession of Christianity. In answer

to his question,

"The Plaintiff said: I was educated according to the Church of England.

"His Lordship: I allow the objection, witness claims exemption, and he

is entitled to it."

Six times Mr Montagu Smith put similar questions to Mr Bradlaugh,

and six times Mr Bradlaugh answered him in the same words. In his

summing-up the judge, Mr Baron Channell, seemed determined not to

be outdone by Mr Collier in evoking the religious prejudices of

the jury. From Mr Smith, for the defence, such conduct was in some

degree pardonable, even if not altogether in accordance with ordinary

un-Christian notions of strict honour; but in Mr Collier, counsel for

the plaintiff, and Mr Baron Channell, presiding over what was supposed

to be a Court of Justice, it was unpardonable. His Lordship regretted

"that the constitution of the plaintiff's mind was such as to render

him unable to believe in those great truths which afforded so much

comfort and satisfaction to others; the notion of going about and

delivering lectures on those views he considered fraught with mischief

and calculated to produce the greatest possible evil," while he further

enlarged upon the "wickedness of disseminating such opinions."

After the summing-up of this just judge the jury gave a verdict for

the plaintiff, with one farthing damages. The evidence was so strong,

and some of the witnesses for the defence were so extravagant and

unsatisfactory, that in spite of their prejudices the jury could not

do other than decide in Mr Bradlaugh's favour; but they did it as

grudgingly as they could, and recorded their animus in the "damages"

they awarded. On the following morning Mr Baron Channell carried this

a step further, and when Mr Collier made the formal application for the

plaintiff's costs he refused to certify.

In spite of all the prejudice roused against him, Mr Bradlaugh met with

considerable sympathy from the press, from foes[63] as well as friends.

[Footnote 63: The _Western Times_ (Exeter, August 3rd), _a hostile

paper_, said: "The plaintiff certainly established his case, and the

verdict was on the face of it ridiculous." "The religious feelings of

the jury neutralized the spirit of the law by the ridiculous 'damages'

which they awarded for his wrongs."

The _Morning Star_ (August 2nd) had a most indignant article,

condemning such a verdict "as a flagrant denial and mockery of

justice." The _Bradford Review_ was courageously outspoken, and urged

that a new trial should be moved for.

In a leaderette the _Weekly Dispatch_ (August 4th) thought that this

Devonshire dealing was altogether a scene for Spain rather than for

England, and condemned Mr Collier's conduct of the case. In the

following issue _Publicola_ had a long article on the proceedings, in

which he deplored "that such an institution as that of trial by jury,

to which we are indebted for magnificent assertions of political right

and freedom, which, generally speaking, is a safeguard against social

injury, should, by the conduct described, become a portion of the

machinery of persecution."

_Punch_ (August 10th) joined in its voice, and published a flippant

article on "A Short Way with Secularists," in which it tells the

story of the seizure of "that fellow Bradlaugh, who calls himself

Iconoclast," and hailed with mock delight the advent of the "orthodox

reaction." Said _Punch_, "The magistrates becoming judges of

controversy, and the policemen forcing their decrees, the office

of justice of the peace will become a holy office indeed, and the

constabulary will rise into familiars of a British Inquisition."

Not the least remarkable article appeared in the Catholic _Tablet_ for

August 3rd. It speaks of the arrest and imprisonment of Mr Bradlaugh as

"frightful persecution," and says: "His legal rights have been violated

by the police, and a jury of British Protestants have refused him

redress, because his interpretation of the Scriptures is different from

theirs. Either that is religious persecution or there is no such thing."

In 1861 the English Roman Catholics regarded Mr Bradlaugh as a weak

and (to them) harmless unit, and they affected to espouse his cause

as a weapon against their deadly enemies, the Protestants. What a

change in less than twenty years to the time when "Henry Edward,

Cardinal-Archbishop," and Prince of the Church of Rome, thought it

necessary, with his own powerful hand, to write protest after protest

in the _Nineteenth Century_, against Mr Bradlangh being allowed to take

his seat in the Commons House at Westminster! What a change from 1861

to 1882, when this same great prelate thought it necessary to pay a

formal visit in solemn state to the town of Northampton itself to use

his mighty influence to turn the electors against "this poor Secular

Iconoclast," as the _Tablet_ once called him.]

Mr Bradlaugh was not the man to remain content with such an

unsatisfactory verdict, and accordingly he moved for a new trial.

The motion was heard in the Court of Common Pleas, Westminster, on

November 4th and 5th of the same year, before the Lord Chief Justice,

Sir William Erle, and the Justices Williams, Byles, and Keating.

Mr Bradlaugh asked for a new trial on the grounds of misdirection,

improper rejection of evidence tendered by the plaintiff, improper

reception of evidence tendered by the defendant; and that the verdict

was a perverse one and against evidence. After reciting the course of

the trial at Exeter, he pointed out that in that trial he "laboured

under a double disadvantage, not only in having all the jury selected

from the county [of Devon], where there was great feeling existing in

the matter, but that they were selected from among men who had to pay

the costs in the action,[64] and who would have to pay further damages

and costs if in my favour, which a verdict of the jury would have given

me."

[Footnote 64: This refers to the decision of the Devonport Town

Council.]

After a lengthy discussion, in which all the judges took active part,

the Lord Chief Justice said that they would consult "brother Channell"

before they gave their answer.

Judgment was given the following day. The rule was refused, and the

plaintiff insulted. Said Lord Chief Justice Erle--

"I know not in the least what are the opinions of the plaintiff that

he was bent upon publishing; all that I am certain of is that there

are opinions which are most pernicious. There are opinions which are

in law a crime, and which every man ought--that is, every man of sound

sense and generally esteemed of sound sense, would generally consider

to be wrong. I do not know what these opinions are, but there are such

opinions. If the plaintiff wanted to use his liberty for the purpose

of disseminating opinions which were in reality of that pernicious

description, and the defendant prevented him from doing that which

might be a very pernicious act to those who heard him, and if the

estimate I have mentioned be the true one, might be a matter he might

afterwards deeply regret, it might be that the jury thought the act of

imprisonment of the plaintiff under such circumstances was in reality

not an injury for which a large money compensation ought to be paid,

but on the contrary was an act which in its real substantial result

was beneficial to the plaintiff, and so the nominal wrong would be

abundantly compensated by the small sum given."[65]

[Footnote 65: Shorthand report.]

The other judges concurred with their leader, Mr Justice Keating

making a yet further addition to the remarkable record of intolerant

utterances in this case.

"I think," said he, "that questions should be put within a certain

limit to the witness as to his opinion and belief, and that it is

right the jury should have an opportunity of judging either from his

answer or from his refusal to answer--should have an opportunity to

form their own sentiment of the credibility to be attached to it [the

evidence]."

This judgment, and even more the bigotry apparent throughout the

judgment, was a great blow to Mr Bradlaugh, and he appealed against

the decision. The appeal came on before the very same four judges

on the following Friday (November 8). In spite of his most eloquent

pleading--in which he was repeatedly interrupted by the Lord Chief

Justice--the rule was refused; the Lord Chief Justice kept religiously

(I use the word advisedly) to his already expressed opinion that a

witness "is by implication discredited by his refusal to answer;" and

that he could see no "intentional violation of right;" he further

clinched the matter by saying that "in the present instance there is

nothing which could induce me to interfere."

These proceedings did their work in helping to form public opinion in

favour of free speech, but they cost my father several hundreds of

pounds, and burdened him with a debt which took long to clear off.

Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2) With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition · 第 17 / 39 章