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

Some at least of these difficulties were pointed out to Mrs Besant; friends besought her by every argument they could think of not to risk the loss of her child; but she had chosen her course, and she adhered to it in spite of all entreaties. And such is the irony of fate that she lost the society of her daughter for ten years, and was subjected to the grossest insult from Sir George Jessel, as Master of the Rolls, for defending doctrines she now repudiates.

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.