John Robertson - Charles Bradlaugh - a Record of His Life and Work, Volume 2 (of 2)

Mrs Besant had been connected with the Freethought party for about two and a half years when an incident occurred which was destined to have considerable and lasting results. In the winter of 1876 a man, alleged to have an unpleasant reputation as a seller of indecent literature, was convicted at Bristol for selling a pamphlet, written by an American physician of repute, Dr Charles Knowlton. This pamphlet, entitled "Fruits of Philosophy: An Essay on the Population Question," had been on sale in England for forty years, and this was the first time it had been prosecuted. It had been openly sold by James Watson, a publisher of the highest repute, who had been dead only a short time; by Mr G. J. Holyoake; by Austin Holyoake up to the time of his death; and by others both in England and America. Mr Charles Watts had bought the plates of this and other works from the widow of James Watson, and, acting upon Mr Bradlaugh's advice, Mr Watts went to Bristol, and declared himself the responsible publisher of the book. He was himself arrested on 8th January 1877, and on 12th January was committed for trial at the Central Criminal Court. The trial was to be heard on 5th February, but before that day arrived Mr Watts came to the conclusion that the pamphlet was indefensible, and decided to withdraw his plea of "not guilty," and to plead "guilty" instead. Upon learning this, Mr Bradlaugh felt exceedingly angry. "If the pamphlet now prosecuted," he said, "had been brought to me for publication, I should probably have declined to publish it, not because of the subject-matter, but because I do not like its style. 7 7 The late Mr Grote, however, thought sufficiently of this pamphlet to preserve it in his own library. He, moreover, presented a copy to the library of the London University, where it was at the time of this prosecution. If I had once published it, I should have defended it until the very last." He was strongly of opinion that the matter ought to be fought right through; and differing so widely on a matter of principle with Mr Watts, he determined to sever all business connection with him. He gave his reasons for this course as follows: —

"The Knowlton pamphlet is either decent or indecent. If decent, it ought to be defended; if indecent, it should never have been published. To judge it indecent, is to condemn, with the most severe condemnation, James Watson, whom I respected, and Austin Holyoake, with whom I worked. I hold the work to be defensible, and I deny the right of any one to interfere with the full and free discussion of social questions affecting the happiness of the nation. The struggle for a free press has been one of the marks of the Freethought party throughout its history, and as long as the Party permits me to hold its flag, I will never voluntarily lower it. I have no right and no power to dictate to Mr Watts the course he should pursue, but I have the right and the duty to refuse to associate my name with a submission which is utterly repugnant to my nature and inconsistent with my whole career."

When Mr Watts' case came on for trial he pleaded "guilty," and was released, on his own recognisances of £500, to come up for judgment when called upon. It was contended at the trial that it was unlawful to publish such physiological details as were to be found in Dr Knowlton's pamphlet, even for a good purpose. Mr Bradlaugh and Mrs Besant (who had now entered into a formal partnership under the style of "The Freethought Publishing Company") determined to republish the pamphlet to test the right of publication.

A great deal was said at the time by way of blaming Mr Bradlaugh for allowing Mrs Besant to associate herself with him in this struggle, and of lauding Mrs Besant for her great courage in this defence. Many were the unworthy taunts cast at Mr Bradlaugh for "sheltering" himself "behind a woman," though not one of those who sneered stayed to reflect that even if this association had some advantages it also had distinct disadvantages. The gain was both to the principles involved, and to my father personally. To see a woman brave enough to stand by the side of a man in defence of the free publication of unpopular doctrines, was an incentive to the public to investigate those doctrines with a view to forming an independent judgment upon them; it was also an inspiration and a constant spur to the man – had he been the one to need spur or inspiration in such a cause. Mrs Besant's unwearying industry in working up the extra-legal side of the case, in hunting up in other works statements of physiological fact exactly similar to or stronger than those found in the prosecuted pamphlet, was invaluable. In the week which intervened between the verdict and the sentence on their own case, Mr Bradlaugh took the opportunity to express his appreciation of Mrs Besant's work, and this despite the fact that her decision to join in the defence was contrary to his wish and advice. He wrote: —

"I have often faced hard toil, but I have never had to encounter persistent, wearying, anxious labour greater than that of the last three months. And here – while my hand is yet free to pen these lines – let me record my deep sense of gratitude to the woman who has shared my fight, aided me by her help, encouraged me by her steadfastness, and strengthened me by her counsel. It is not alone the brilliant eloquence, patient endurance, and sustained effort manifested for so many hours in the Court – qualities displayed by Mrs Besant, which, coupled with her great tact, won repeated praise from the Lord Chief Justice, and congratulations from almost the whole of the barristers who crowded the Court – so much of Mrs Besant's work has been recorded by most of the press in terms of the highest laudation. The personal acknowledgment from myself is more due for the weeks of unrecognised but most wearying and continued drudgery in analysing a mass of scientific works, searching out authorities, and generally preparing the huge body of materials required for use on the trial. Few can appreciate the enormous labour involved in the careful analysis of medical works, and their comparison, line by line, with the Knowlton Pamphlet. Yet, without this labour, the defence would have been impossible."

The disadvantages of the dual defence were considerable, but they were known to very few, and were moreover purely personal. Upon Mr Bradlaugh lay the whole responsibility of the defence; his was the mind that planned it, and he had to conduct the fight, not merely for himself, but for the woman beside him; he had to consider two briefs instead of one, and as Mrs Besant was at that time totally unfamiliar with the procedure of the Law Courts, he had to instruct her, not only in the things it was desirable she should say, but also in those which were better left unsaid. He was but too well aware that Mrs Besant risked not alone imprisonment, but also the loss of her child; and in the event of failure, and the imprisonment of both himself and his colleague, the problem naturally presented itself, Who was to edit the National Reformer , and to look after the new business? Mr Watts' plea of "guilty," followed by Mr Bradlaugh's indignation, had for the moment produced considerable division amongst former friends, and there had been hardly time to reckon which were friends and which were foes. Nothing could better mark the extent of my father's difficulty than the fact that he had to hand over these onerous duties to us, his daughters, two girls fresh from a dreary country life, and hardly out of our teens. Hence, although he was justly proud that a woman whom he held in such esteem should stand by him publicly at such a moment, it increased his anxieties and his responsibilities enormously that Mrs Besant's risks were so heavy, and there was thus no trusty colleague free to undertake the burden of a weekly journal, and the drudgery of the management of the new publishing business.