And this was the class of person that assumed the prerogative of Literary Censorship. The press prostrated itself before the new Terror, and the Government supported it by again taking up the prosecution of Vizetelly. The trustees of his estate resolved to fight the case and provided funds for that purpose, but while the selection of counsel was in abeyance, Mr. Frank Harris, then editor of "The Fortnightly Review," and one of the few who realised that an odious tyranny was being established, generously offered to bear all Vizetelly's expenses. Mr. Harris desired, however, that the defence should now be entrusted entirely to Mr. Cluer, who had acted as Vizetelly's junior counsel at the first trial, and who had also appeared for him at the recent police court proceedings. There were various advantages in such a course. Mr. Cluer's knowledge of the French language was perfect; he had read Zola's works in the original, and he knew with what a lofty purpose Zola wrote. The present writer favoured the suggested arrangement, but he had no power in the matter. Any suggestions he made were invariably set aside throughout the affair, on the ground that he had not been long resident in England, that there were many things which he did not properly understand, and so forth. There was some truth, no doubt, in those objections; but it often happens that a person who stands a little apart from a battle has a clearer perception of its chances than those who are actually engaged in it. The writer feared that a fresh conviction was virtually inevitable, but he also felt that Mr. Cluer would do his best for his client, and that the ship, though it might well go down, would then at least do so with colours flying. But it was held imperative that a Queen's Counsel must be engaged, for it would be ridiculous to pit a stuff-gownsman against the Solicitor-general! And so, after various delays and difficulties, as on the former occasion, the late Mr. Cock, Q. C., was retained, Mr. Cluer again being secured as junior counsel.
Henry Vizetelly and his trustees were still resolved to fight the case, after their own fashion; and by way of answering any charge of having broken the previous undertaking it was proposed that Ernest Vizetelly should give evidence respecting the recent expurgation of Zola's books. His father inquiring if he were prepared to do so, he immediately assented. He went further: he agreed to take, so far as the Zola volumes were concerned, at least the odium of this second affair on himself by assuming responsibility for what had been done. It was impossible for him to hesitate,—no son would hesitate to shield his father as far as might be possible,[31]—but now that the time has come to write of these matters he owes it to himself, and particularly to his children, to point out that the responsibility which he assumed was not really his. The expurgatory work he had accomplished had been limited by the conditions imposed on him; within them he had done his best; but, even then, he had submitted his work for approval, saying: "This is all I can do. If anything further is required another must do it." He knows, by the "proof" slips in his possession, that a few further alterations were made in his work, the bulk of which, however, was passed, and sent to the printers. He was not surprised by that, and would not be surprised by it now, for he holds that the alterations he made were sufficient to satisfy everybody except fanatical Puritans. At the same time, in that hour of frenzied cant and unscrupulous injustice the responsibility he assumed was no light one, for even though he could not be proceeded against at law, the odium attaching to it might be very prejudicial to him. And while he had a wife and children to support, he had no interest in his father's business beyond being its paid servant; he knew that it had been established for the benefit of his younger brothers; which consideration had largely deterred him from pressing his own advice during the affair, for he did not wish to be accused of attempting to supplant anybody. If, to-day, he has pointed out the actual circumstances it is because he does not wish anybody to believe, as many have inferred for years, that his father's ruin and imprisonment proceeded from any neglect of his. It is true he has long allowed that to be thought,—it might be assumed from the account of his father in the "Dictionary of National Biography,"—but the facts were really such as have been stated here.
Vizetelly & Co. intending to fight the case, as soon as the amount of Mr. Cock's fee had been ascertained it was voluntarily increased to a larger one in order to induce him to do his utmost. An attempt was made to arrange a consultation some days before the trial, but as a matter of fact Mr. Cock was not seen until about half an hour before the case opened at the Central Criminal Court, on May 30, 1889. Ernest Vizetelly accompanied his father, who was now in very bad health indeed. Mr. Cluer introduced them to Mr. Cock, and a conversation took place in a room adjoining the robing room at the Old Bailey. At the first words, Mr. Cock declared there could be no defence. He did not pause to argue. It was plain he wished to dispose of the case as quickly as possible. The defendant, said he, must throw himself on the mercy of the court, that was the only thing to do. Henry Vizetelly, who had come to the Old Bailey expecting something very different, was overwhelmed by this intimation. The blow was a coup de massue for him, and at first he could say nothing. His son, likewise very much amazed, and, in particular, disgusted with this blustering barrister who threw up the sponge at the moment of going into court, tried to interject a few words, but was curtly silenced. There was nothing, nothing to be done, so Cock, Q. C., repeated. Under the circumstances he might have returned the extra fee which had been sent him to induce him to make a good fight, but he never did. There was, however, one course that he was willing to take when he saw the distress of his ailing old client. He offered to ascertain what would be the result of a plea of "guilty." To Vizetelly's son that seemed a strange course to pursue. He did not like hanky-panky or aught suggestive of it. However, Mr. Cock rose—he was a fat, unwieldy man, with a startling red face—and rolled out of the room. Whom did he actually see? The writer is not certain, and in a case of uncertainty it is best to stay one's pen. But when Mr. Cock returned he said in presence of the defendant, his son, and Mr. Cluer, that the Solicitor-general was not leniently inclined and that Vizetelly's recognisances "to be of good behaviour" would have to be estreated; while the Recorder, Sir Thomas Chambers, held that there must be some imprisonment. Did Henry Vizetelly hear those last words? According to his own account, afterwards, he never did; for had he done so, in spite of all Mr. Cock's bluster, he would never, he said, have pleaded guilty. But the poor man may well have misunderstood his counsel. He was in a condition little short of actual physical collapse. In a dreamy way, as it were, he gave, or seemed to give, a feeble assent to everything. Had there been time, his son would have made an effort to reopen the question, for it occurred to him that, even then, one might perhaps have dispensed with Mr. Cock's services and have induced Mr. Cluer to undertake the defence unaided. But there was no opportunity for further deliberation; the court was almost waiting, and one went downstairs to meet the inevitable.
The proceedings were brief. Vizetelly took his stand at the foot of the solicitors' table, his son who sat there, and who at every moment feared to see him fall, holding his hand the while. For an instant, when challenged, he hesitated, then ejaculated the word "guilty," much as if he were expectorating.
Thus the case was never argued on its merits. Of course the Solicitor-general held that the previous undertaking had been violated, and asked that the defendant's recognisances in two hundred pounds should be estreated. Then Mr. Cock spoke of the expurgation of the books, which in his opinion "had not gone sufficiently far," and added that the defendant was in his seventieth year and in very delicate health. On that point Ernest Vizetelly testified on oath that his father had suffered for some years from a complaint which had lately assumed a very serious character and necessitated the constant employment of surgical instruments. He then imagined his examination to be over, and was about to leave the witness-box when Sir Edward Clarke inquired if he were a member of the firm of Vizetelly & Co. The witness answered in the negative, he was a journalist by profession, and if previously employed by the firm he had then ceased to be so. But the Solicitor-general pressed him for the purpose, so it seemed, of extracting some undertaking with respect to the future sale of Zola's works or the destruction of the existing stock. This the witness had no power to give, and he was determined to say nothing that might lead to it being given by others. As the pertinacity of counsel continued, the witness, feeling somewhat ruffled, could not refrain from retorting: "You have made the defendant a pauper! What more do you want?" "Now, now," Sir Edward Clarke shouted back, "we want none of that!" "Well, I have nothing else to say," the witness added. "I do not belong to the firm of Vizetelly & Co., and I now know nothing about it." Thereupon the Solicitor-general, somewhat discomfited, had to let him go.
The Recorder then passed sentence. It was useless, he said, to fine the defendant, as he had no means to pay a fine. But his recognisances must be estreated, and he must go to prison, as a first-class misdemeanant, for three months. Vizetelly was at once led below; and his son applied, through counsel, for leave to speak with him before he was removed to jail. The Recorder granted permission, but the son was not allowed to follow his father. He and Mr. Lickfold (Vizetelly's solicitor) were told to apply at the small barred gate of Newgate, immediately adjoining the Old Bailey. They went thither and were admitted. A warder, or attendant, was told of the permission the judge had given, and went to make inquiries. Mr. Lickfold retired, and the writer remained waiting. Presently the attendant returned and said to him: "The Governor's answer is that you cannot see the prisoner. The judge has no power to give leave to see any prisoner when once he has left the court." It was useless to expostulate. Ernest Vizetelly could only withdraw, in considerable distress, for he knew that his father in the state of his health would require prompt attention and relief; and he had been anxious to do what he could in that and other matters.[32]
However, he met his brothers, and various arrangements were made to provide for their father's comfort. As the case was to have been fought, there had been no anticipation that it would end that same day, and nothing was actually ready. At last, Holloway being the jail where first-class misdemeanants are usually lodged, application was made there; but the officials knew nothing whatever of Vizetelly, he had not been sent to them. After some discussion Ernest and his brother Frank Vizetelly, proceeded to Pentonville, where they were received very courteously by the deputy governor, who said to them: "Yes, your father is here. Why he was sent I do not know, we have no accommodation for first-class misdemeanants. None has ever been sent here before. Your father is in a shocking state, he had been suffering for hours when he arrived here; I have placed him temporarily in our infirmary. I telegraphed to the Prison Commissioners but have had no answer. You should go to them at once at Whitehall, and ask them to remove him to Holloway."
This was done. The facts were set out in writing and sent in to some of the Commissioners, who, after an interval of an hour or so, received Frank Vizetelly, and airily told him that there was no mistake at all, that his father had been sent to Holloway and would be found there! The fact is that, while the sons were waiting, telegraphic instructions had been sent to Pentonville for Vizetelly's removal. That could not be effected in an instant on account of his serious condition, but when he was lodged in the infirmary at Holloway the Commissioners felt they were safe from any charge of neglect. Ernest Vizetelly, however, was not disposed to let the matter drop, and having drafted a question for the Home Secretary (Mr. Matthews) he wrote to Mr. Labouchere, M. P., to inquire if he would ask it in the House of Commons. He received the following characteristic reply:
Dear Sir,—I do not think that the clerks at the table would accept the question as written, for it enters too fully into details. However, be this as it may, I should not be the proper person to ask it, for I have had many actions for libels, and it would be thought that I had an eye to my future accommodation. As a matter of tactics, I should advise that no question be asked, for the only person who can reduce the sentence is the Home Secretary. I do not know if he will, but he certainly will not if his hack be put up.—Yours faithfully,
H. LABOUCHERE.
24 Grosvenor Gardens, S. W.
June 1. [1889].
Mr. Labouchere's advice was certainly good, and it was followed. That is why the facts have never been disclosed till now.