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

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      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.

      CHAPTER IV.

      AN UNIMPORTANT CHAPTER

      In the foregoing account of the prosecution of my father and Mrs Besant I have thought it best not to burden the narrative with any side issues not immediately important. As, however, it is my object in this book to picture my father and his surroundings as clearly as possible, so that from the picture a just judgment of his character may be derived, I will now devote a few pages to passing details more or less directly connected with this prosecution or arising out of it.

      As soon as Mr Watts decided to plead "guilty," under the circumstances which have already been mentioned, and it became known that Mr Bradlaugh and Mrs Besant had determined to publish the prosecuted pamphlet, it was found that there were would-be prosecutors eager for the fray, and ready to commence on anything else, whilst awaiting the new issue СКАЧАТЬ