Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2). Bonner Hypatia Bradlaugh

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СКАЧАТЬ 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 СКАЧАТЬ