CHAPTER VI. PREPARING FOR TRIAL.

There were many reasons why I did not wish to be tried at the Old

Bailey. First, it is an ordinary criminal court, with all the vulgar

characteristics of such places: swarms of loud policemen, crowds of

chattering witnesses, prison-warders bent on recognising old offenders,

ushers who look soured by long familiarity with crime, clerks who gabble

over indictments with the voice and manner of a town-crier, barristers

in and out of work, some caressing a brief and some awaiting one; and

a large sprinkling of idle persons, curious after a fresh sensation

and eager to gratify a morbid appetite for the horrible. How could the

greatest orator hope to overcome the difficulties presented by such

surroundings? The most magnificent speech would be shorn of its

splendor, the most powerful robbed of more than half its due effect.

In the next place, I should have to appear in the dock, and address the

jury from a position which seems to require an apology in itself. And,

further, that jury would be a common one, consisting almost entirely of

small tradesmen, the very worst class to try such an indictment.

For these and other reasons I resolved to obtain, if possible, a

_certiorari_ to remove our Indictment to the Court of Queen's Bench; and

as the first Indictment had been so removed, I did not anticipate any

serious difficulty. On Monday, February 19, after travelling by the

night train from Plymouth, where I had delivered three lectures the day

before, I applied before Justices Manisty and Matthew, who granted me

a rule _nisi_. But on the Saturday Sir Hardinge Giffard moved that the

rule should be taken out of its order in the Crown Paper, and argued on

the following Tuesday. Seeing that the Court was determined to assist

him, I acquiesced in the motion rather than waste my time in futile

obstruction. On Tuesday, February 27, Sir Hardinge Giffard duly

appeared, supported by two junior counsel, Mr. Poland and Mr. F. Lewis.

The judges, as on the previous Saturday, were Baron Huddleston and Mr.

Justice North. The former displayed the intensest bigotry and prejudice,

and the latter all that flippant insolence which he subsequently

displayed at my trial, and which appears to be an inseparable part of

his character. When, for instance, I ventured to correct Sir Hardinge

Giffard on a mere matter of fact, as is quite customary in such cases;

when I sought to point out that the Indictment already removed included

Mr. Ramsey and myself, and not Mr. Bradlaugh only; Justice North stopped

me with "Not a word, sir, not a word."

Sir Hardinge Giffard made a very short speech, knowing that such judges

did not require much persuasion. He moved that the rule _nisi_ should be

discharged; put in a copy of the Christmas Number of the _Freethinker_,

which he described as a gross and intentional outrage on the religious

feelings of the public; alleged, as was perfectly true, that it was

still being sold; and urged that the case was one that should be sent

for trial at once.

My reply was longer. After claiming the indulgence of the Court for

having to appear in person, owing to my purse being shorter than the

London Corporation's, I laid before their lordships my reasons for

asking them to make the rule absolute. I argued that, as a press

offence, our case was eminently one for a special jury; that the law

of blasphemy, which had not been interpreted for a generation, was

very indefinite, and a common jury might be easily misled; that as

contradictory statements of the common law existed, it was highly

advisable to have an authoritative judgment in a superior Court; that

grave questions as to the relations of the statute and the common

law might also arise; that it was manifestly unfair, while a sweeping

Indictment for blasphemy was removed to a higher Court, that I should be

compelled to plead in a lower Court on a similar charge; and that it was

unjust to try our case at the Old Bailey when the City Corporation was

prosecuting us.

To none of these reasons, however, did their lordships vouchsafe a reply

or extend a consideration. Baron Huddleston simply held the Christmas

Number of the _Freethinker_ up in Court, and declared that no sane man

could deny that it was a blasphemous libel--a contumelious reproach on

our Blessed Savior. 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. Before the regular business commenced, I asked his

lordship (it was indeed Justice North) to postpone our trial until the

next sessions, on the ground that, as my application for a _certiorari_

was only decided the day before, there had been no time to prepare an

adequate defence. His lordship refused to grant us an hour for that

absurd purpose. Directly I sat down Mr. Poland arose, and begged

that our trial might be deferred until the morrow, as his leader, Sir

Hardinge Giffard, was obliged to attend elsewhere. This request was

granted with a gracious smile and a bland, "Of course, Mr. Poland." What

a spectacle! An English judge refusing a fellow-citizen a single hour

for the defence of his liberty and perhaps his life, and granting a

delay of twenty-four hours to enable a brother lawyer to earn his fee!

I spent the rest of that day in preparations for the morrow--writing out

directions for Mr. Wheeler in case I should be sent to prison, arranging

books and documents, and leaving messages with various friends; and

I sat far into the night putting together finally the notes for my

defence. I was quite cool and collected; I neglected nothing I had time

for, and I was dead asleep five minutes after I laid my head on the

pillow. Only for a moment was I even perturbed. It was when I was giving

Mr. Wheeler his last instructions. Pointing to my book-shelves, I said:

"Now, Joe, remember that if Mrs. Foote has any need, or if there should

ever be a hitch with the paper, you are to sell my books--all of them

if necessary." A great sob shook my friend from head to foot. The bitter

truth seemed to strike him with startling force. Imprisonment, and all

it involved, was no longer a dim possibility: it was a grim reality that

might have to be faced to-morrow. "Tut, tut, Joe!" I said, grasping

his arm and laughing. But the laugh was half a failure, and there was a

suspicious moisture in my eyes, which I turned my face away to conceal.

During the day I had a last interview with Mr. Bradlaugh and Mrs. Besant

at 63 Fleet Street. Mr. Bradlaugh told me he could find no flaw in

our Indictment, and his air was that of a man who sees no hope, but is

reluctant to say so. Mrs. Besant was full of quiet sympathy, proffering

this and that kindness, and showing how much her heart was greater than

her opportunity of assistance.

In the evening I attended the monthly Council meeting of the National

Secular Society. Mr. Ramsey was also present. We both expressed our

belief that we should not meet our fellow-councillors again for some

time, and solemnly wished them good-bye, with a hope that, if we were

sent to prison, they would seize the opportunity, and initiate an

agitation against the Blasphemy Laws. I then drove home, and finished

the notes for my defence.

Early the next morning I was at 28 Stonecutter Street. Being

apprehensive of a fine as well as imprisonment, I made hasty

arrangements for removing the whole of the printing plant to some empty

rooms in a private house. Mr. A. Hilditch was the friend on whom I

relied in this emergency; and I am indebted to him for aid in many other

difficulties arising from my prosecution. My foreman printer, Mr. A.

Watkin, superintended the removal. By the evening not a particle of

our plant remained at the office. Mr. Watkin stuck loyally to his

duty during my long absence, and on my return I found how much the

_Freethinker_ owed to his unassuming devotion.

One ordeal was left. I had to say good-bye to my wife. It was a dreadful

moment. Reticence is wisdom in such cases. I will not inflict sentiment

on the reader, and I was never given to wearing my heart upon my sleeve.

Let it suffice that I fought down even the last weakness. When I stepped

into the Old Bailey dock I was calm and collected. All my energies were

strung for one task--the defence of my own liberty and of the rights of

Freethought.

That very morning the _Freethinker_ appeared with its usual

illustration. It was the last number I edited for twelve months. My

final article was entitled, "No Surrender," and I venture to quote it

in full, as exhibiting my attitude towards the prosecution within the

shadow of the prison walls:--

"The City Corporation is lavishly spending other people's money

in its attempt to put down the _Freethinker_. Sir Thomas Nelson

is keeping the pot boiling. He employs Sir Hardinge Giffard

and a tail of juniors in Court, and half the detectives of

London outside. These surreptitious gentleman, who ought to

be engaged in detecting crime, are busily occupied in purchasing

the _Freethinker_, waylaying newsvendors' messengers, intimidating

shopkeepers, and serving notices on the defendants. What money,

unscrupulously obtained and unscrupulously expended, can do is

being done. But there is one thing it cannot do. It cannot

damp our courage or alienate the sympathy of our friends.

"There is evidently a widespread conspiracy against us. We

have to stand on trial at the Old Bailey in company with rogues,

thieves, burglars, murderers, and other products of Christian

civilisation. The company is not very agreeable, but then Jesus

himself was crucified between two thieves. No doubt the Jews

thought him the worst of the three, just as pious Christians

will think us worse than the vilest criminal at the Old Bailey;

but posterity has reversed the judgment on him, and it will as

certainly reverse the judgment on us.

"If a jury should give a verdict against us, which we trust

it will not, the prosecutors will probably strike again at

some other Freethought publication. The appetite for persecution

grows by what it feeds on, and demands sacrifice after sacrifice

until it is checked by the aroused spirit of humanity. After

a sleep of twenty-five years the great beast has roused itself,

and it may do considerable damage before it is driven back into

its lair. We may witness a repetition of the scenes of fifty

and sixty years ago, when scores of brave men and women faced

fine and imprisonment for Freethought, tired out the very malice

of their persecutors; and made the Blasphemy Laws a dead letter

for a whole generation. May our victory be as great as theirs,

even if our sufferings be less.

"But will they be less? Who knows? They may even be greater.

Christian charity has grown so cold-blooded in its vindictiveness

since the 'pioneer days' that blasphemers are treated like

beasts rather than men. There is a certain callous refinement

in the punishment awarded to heretics to-day. Richard Carlile,

and other heroes of the struggle for a free press, were mostly

treated as first-class misdemeanants; they saw their friends

when they liked, had whatever fare they could paid for, were

allowed the free use of books and writing materials, and could

even edit their papers from gaol. All that is changed now.

A 'blasphemer' who is sent to prison now gets a month of

Cross's plank-bed, is obliged to subsist on the miserable

prison fare, is dressed in the prison garb, is compelled to

submit to every kind of physical indignity, is shut out from

all communication with his relatives or friends except for one

visit during the second three months, is denied the use of pen

and ink, and debarred from all reading except the blessed Book.

England and Russia are the only countries in Europe that make

no distinction between press offenders and ordinary criminals.

The brutal treatment which was meted out to Mr. Truelove in

his seventieth year, when his grey hairs should have been his

protection, is what the outspoken sceptic must be prepared to

face. After eighteen centuries of Christianity, and an interminable

procession of Christian 'evidences,' such is the reply of

orthodoxy to the challenge of its critics.

"These things, however, cannot terrorise us. We are prepared

to stand by our principles at all hazard. Our motto is

No Surrender. What we might concede to criticism we will never

yield to menace. The _Freethinker_, we repeat again, will go

on whatever be the result of the present trial. The flag will

not fall because one standard-bearer is stricken down; it will

be kept flying proudly and bravely as of old--shot-torn and

blood-stained perhaps, but flying, flying, flying!"

Let me now pause to say a few words about our Indictment. It was framed

on the model of the one I have already described charging us with being

wicked and profane persons, instigated by the Devil to publish certain

blasphemous libels in the Christmas Number of the _Freethinker_, to the

danger of the Queen's Crown and dignity and the public peace, and to the

great displeasure of Almighty God. The various "blasphemies" were set

forth in full, and my readers shall know what they were.

Mr. Wheeler's comic "Trial for Blasphemy" was one of the pieces.

Matthew, Mark, Luke and John were accused of blasphemy in the Court of

Common Sense. They were charged with publishing all the absurdities in

the four gospels, and in especial with stating that a certain young Jew

was God Almighty himself. After the citation and examination of

many witnesses, Mr. Smart, Q.C., urged upon the jury that there was

absolutely no evidence against the prisoners. It was perfectly clear

that they were not the authors of the libels; their names had been used

without their knowledge or sanction; and he confidently appealed to

the jury for a verdict of Not Guilty. "After a brief consultation,"

concluded this clever skit, "the jury, who had carefully examined the

documents, were of opinion that there was nothing to prove that the

prisoners wrote the libels complained of. A verdict of acquittal was

accordingly entered, and the prisoners were discharged."

Now, every person acquainted with Biblical criticism knows that Mr.

Wheeler simply put the conclusions of nearly all reputable scholars in a

bright, satirical way; and a century hence people will be astonished to

learn that such a piece of defensible irony, every line of which might

be justified by tons of learning, was included in an indictment for

blasphemy, and considered heinous enough to merit severe punishment.

There were a few lines of verse picked out of long poems, and violently

forced from their context; and also a few facetious "Answers to

Correspondents," mangled in the same way. Certainly any publication

could be condemned on this plan. The Bible itself might be proved an

obscene book.

Then came eighteen illustrations, entitled "A New Life of Christ." All

the chief miracles of his career were satirised, but not a single human

incident was made the subject of ridicule. Now, if _miracles_ are

not objects of satire, I should like to know what are. If they never

happened, why should they enjoy more respect and protection than other

delusions? Why should one man be allowed to deny miracles, and

another man imprisoned for laughing at them? Must we regard long-faced

scepticism as permissible heresy, and broad-faced scepticism as

punishable blasphemy? And if so, why not set up a similar distinction

between long and broad faces in every other department of thought? Why

not let _Punch_ and _Fun_ be suppressed, political cartoons be Anathema,

and social satire a felony?

Another illustration was called "A Back View." It represented Moses

enjoying a panoramic view of Jahveh's "back parts." Judge North did

his dirty worst to misrepresent this picture, and perhaps it was he

who induced the Home Secretary to believe that our publication was

"obscene." In reality the obscenity is in the Bible. The writer of

Exodus contemplated sheer nudity, but the _Freethinker_ dressed Jahveh

in accordance with the more decent customs of the age of reason. I would

cite on this point the judgment of Mr. Moncure D. Conway, the famous

minister of South Place Chapel. He expressed himself as follows in a

discourse on Blasphemous Libel immediately after our imprisonment, since

published in "Lessons for the Day":--

"The prosecutor described the libels as 'indecent,' an ambiguous

word which might convey to the public an impression that there

was something obscene about the pictures or language, which

is not the fact. The coarsest picture is a sidewise view of

a giant's form, in laborer's garb, the upper and lower part

veiled by a cloud. Only when one knows that the figure is

meant for Jahveh could any shock be felt. The worst sense

of the word 'indecent' was accentuated by the prosecutor's

saying that the libels were too bad for him to describe.

In this way they were withheld from the public intelligence

while exaggerated to its imagination. The fact under this is

that some bigots wished to punish some Atheists, but could only

single them out beside eminent men equally guilty, and forestall

public sympathy by pretending they had committed a libel partly

obscene. This is not English."

Frederick the Great, being a king, was a privileged blasphemer. In some

unquotable verses written after the battle of Rossbach, where he routed

the French and drove them off the field pell-mell, he sings, as Carlyle

says, "with a wild burst of spiritual enthusiasm, the charms of the

rearward part of certain men; and what a royal ecstatic felicity there

is in indisputable survey of the same." "He rises," adds Carlyle, "to

the heights of Anti-Biblical profanity, quoting Moses on the Hill of

Vision." To Soubise and Company the poet of Potsdam sings--

"Je vous ai vu comme Moise

Dans des ronces en certain lieu

Eut l'honneur de voir Dieu."

Frederick's verse is halting enough, but it has "a certain heartiness

and epic greatness of cynicism"; and so his biographer continues

justifying this royal outburst of racy profanity with Rabelaisian

gusto. I dare not follow him; but I am anxious to know why Carlyle's

"Frederick" circulates with impunity and even applause, while the

_Freethinker_ is condemned and denounced. Judge North may be ignorant

of Carlyle's masterpiece, but I can hardly presume the same ignorance

in Sir William Harcourt. He probably sinned against a greater light. Few

worse outrages on public decency have been committed than his

describing my publication as not only blasphemous, but obscene. And the

circumstances in which this slander was perpetrated served to heighten

its criminality.

Prisoner for Blasphemy · 第 6 / 17 章