Читать книгу Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2) - Bonner Hypatia Bradlaugh - Страница 3

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 subpœnaed 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 subpœna, 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 subpœna 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.

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.