XVI.
The week which intervened between the verdict of the jury and the day on which we were ordered to appear in Court to receive sentence was spent by us in arranging all our affairs, and putting everything in train for our anticipated absence. One serious question had to be settled, but it did not need long consideration. What were we to do about the Knowlton pamphlet? We promptly decided to ignore the verdict and to continue the sale. Recognising that the fact of this continued sale would be brought up against us in Court and would probably seriously increase our sentence, we none the less considered that as we had commenced the fight we were bound to maintain it, and we went on with the sale as before.
On June 28th we attended the Court of Queen's Bench to receive judgment, the Lord Chief Justice and Mr. Justice Mellor being on the Bench. We moved to quash the indictment, on arrest of judgment, and for a new trial, the first on the ground that the indictment did not set out the words complained of. The judges were against us on this, but it is interesting to note that the Lord Chief Justice remarked that "the language of the book is not open to any particular objection". I argued that the jury, having exonerated us from any corrupt motive, could not be regarded as having found us guilty on an indictment which charged us with a corrupt motive: the Lord Chief Justice held that "in the unnecessary and superfluous part of the indictment, there is no judgment against you", and refused to believe that anyone would be found afterwards so base as to accuse us of evil intent, because of the formal words of the indictment, the jury having acquitted us of any corrupt intention. The judge unfortunately imputed to others his own uprightness, and we have found many—among them Sir W.T. Charley, the present Common Sergeant— vile enough to declare what he thought impossible, that we were found guilty of wilfully corrupting the morals of the people. The judges decided against us on all the points raised, but it is due to them to say that in refusing to quash the indictment, as Mr. Bradlaugh asked, they were misled by the misrepresentation of an American case by Sir Hardinge Giffard, and, to quote the words of the Lord Chief Justice, they sheltered themselves "under the decisions of the American Courts, and left this matter to be carefully gone into by the Court of Error".
The question of sentence then arose, and two affidavits were put in, one by a reporter of the Morning Advertiser, named Lysaght. This individual published in the Advertiser a very garbled report of a meeting at the Hall of Science on the previous Sunday, evidently written to anger the Lord Chief Justice, and used by Sir Hardinge Giffard with the same object. In one thing, however, it was accurate, and that was in stating that we announced our intention to continue the sale of the book. On this arose an argument with the Lord Chief Justice; he pointed out that we did not deny that the circulation of the book was going on, and we assented that it was so. It was almost pathetic to see the judge, angry at our resolution, unwilling to sentence us, but determined to vindicate the law he administered. "The question is," he urged, "what is to be the future course of your conduct? The jury have acquitted you of any intention to deliberately violate the law; and that, although you did publish this book, which was a book that ought not to have been published, you were not conscious of the effect it might have, and had no intention to violate the law. That would induce the Court, if it saw a ready submission on your part, to deal with the case in a very lenient way. The jury having found that it was a violation of the law, but with a good motive or through ignorance, the Court, in awarding punishment upon such a state of things, would, of course, be disposed to take a most indulgent view of the matter. But if the law has been openly set at defiance, the matter assumes a very different aspect, and it must be dealt with as a very grave and aggravated case." We could not, however, pledge ourselves to do anything more than stop the sale pending the appeal on the writ of error which we had resolved to go for. "Have you anything to say in mitigation?" was the judge's last appeal; but Mr. Bradlaugh answered: "I respectfully submit myself to the sentence of the Court"; and I: "I have nothing to say in mitigation of punishment".
The sentence and the reason for its heavy character have been so misrepresented, that I print here, from the shorthand report taken at the time, the account of what passed:—
"The LORD CHIEF JUSTICE, after having conferred for some minutes with Mr. Justice Mellor, said: The case has now assumed a character of very, very grave importance. We were prepared, if the defendants had announced openly in this Court that having acted in error as the jury found—of which finding I think they are entitled to the benefit—but still having been, after a fair and impartial trial, found by the jury guilty of doing of that which was an offence against the law, they were ready to submit to the law and to do everything in their power to prevent the further publication and circulation of a work which has been declared by the jury to be a work calculated to deprave public morals, we should have been prepared to discharge them on their own recognizances to be of good behavior in the future. But we cannot help seeing in what has been said and done pending this trial, and since the verdict of the jury was pronounced, that the defendants, instead of submitting themselves to the law, have set it at defiance by continuing to circulate this book. That being so I must say that that which before was an offence of a comparatively slight character—looking to what the jury have found in reference to the contention of the defendants—now assumes the form of a most grave and aggravated offence, and as such we must deal with it. The sentence is that you, Charles Bradlaugh, and you, Annie Besant, be imprisoned for the term of six calendar months; that you each pay a fine of £200 to the Queen; and that you enter further into your own recognizances in a sum of £500 each to be of good behavior for the term of two years; and I tell you at the same time that you will not be of 'good behavior' and will be liable to forfeit that sum if you continue to publish this book. No persuasion or conviction on your part that you are doing that which is morally justifiable can possibly warrant you in violating the law or excuse you in doing so. No one is above the law; all owe obedience to the law from the highest to the lowest, and if you choose to set yourself at defiance against the law—to break it and defy it—you must expect to be dealt with accordingly. I am very sorry indeed that such should be the result, but it is owing to your being thus contumacious, notwithstanding that you have had a fair trial, and the verdict of a competent jury, which ought to have satisfied you that you ought to abstain from doing what has been clearly demonstrated and shown to be wrong.
"Mr. BRADLAUGH: Would your lordship entertain an application to stay execution of the sentence?
"The LORD CHIEF JUSTICE: Certainly not. 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 recognizances 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: 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 for a favor without yielding to the Court during the time that I take advantage of its indulgence.
"The LORD CHIEF JUSTICE: I wish you had taken this position sooner.