Some of the orthodox Tory journals censured Lord Coleridge for these scathing remarks, but his lordship is not easily frightened by anonymous critics, and it is probable that, if he ever has to try another case like ours, he may denounce the prosecutors in still stronger language if their motives are so obviously sinister as were those of Sir Henry Tyler.
There was a great crowd of people outside the Mansion House on Tuesday morning, May 11, and we were lustily cheered as we entered. Long before the Lord Mayor, Sir Whittaker Ellis, took his seat on the Bench, every inch of standing space in the Justice Room was occupied. Mr. Bradlaugh took a seat near Mr. Lickfold and frequently tendered us hints and advice. Mr. Ramsey, Mr. Whittle, and I took our places in the dock as our names were called out by Mr. Gresham, the chief clerk of the court. Our summons alleged that we unlawfully did publish, or caused to be published, certain blasphemous libels in a newspaper called the Freethinker, dated the 28th of May, 1882.
Mr. Maloney, who appeared for the prosecution, seemed fully impressed with the gravity of his position, and when he rose he had the air of a man who bore the responsibility of defending in his single person the honor, if not the very existence, of our national religion. His first proceeding was very characteristic of a gentleman with such a noble task. He attempted to hand in as evidence against us several numbers of the Freethinker not mentioned in the summons, and these would have been at once admitted by the Lord Mayor, who was apparently used to accepting evidence in an extremely free and easy fashion, as is generally the case with the "great unpaid"; but Mr. Lickfold promptly intervened, and his lordship, seeing the necessity of carefulness, then held that it would be advisable to adhere to the one case that morning, and to take out fresh summonses for the other numbers. Mr. Maloney then proceeded to deal with the numbers before the Court. There were numerous blasphemies which, if we were committed for trial, would be set forth in the indictment, but he would "spare the ears of the Court." One passage, however, he did read, and it is well to put on record, for the sake of those who talk about our "indecent" attacks on Christianity, what a prosecuting barrister felt he could rely on to procure our committal. It was as follows: "As for the Freethinker, he will scorn to degrade himself by going through the farce of reconciling his soul to a God whom he justly regards as the embodiment of crime and ferocity." Those words were not mine; they were from an article by one of my contributors; but I ask any reasonable man whether it is not ludicrous to prate about religious freedom in a country where writers run the risk of imprisonment for a sentence like that? As Mr. Maloney ended the quotation his voice sank to a supernatural whisper, he dropped the paper on the desk before him, and regarded his lordship with a look of pathetic horror, which the worthy magistrate fully reciprocated. As I contemplated these two voluntary augurs of our national faith, and at the same time remembered that far stronger expressions might be found in the writings of Mill, Clifford, Amberley, Arnold, Newman, Conway, Swinburne, and other works in Mudie's circulating library, I could scarcely refrain from laughter.
The witnesses for the prosecution were of the ordinary type—policemen, detectives, and lawyer's clerks—with the exception of Mr. Charles Albert Watts, who by accident or design found himself in such questionable company. This young gentleman is the son of Mr. Charles Watts and printer of the Secular Review, and he was called to prove that I was the editor of the Freethinker. With the most cheerful alacrity he positively affirmed that I was, although he had absolutely no more knowledge on the subject—as indeed he admitted on cross-examination—than any other member of the British public. His appearance in the witness-box is still half a mystery to me and I can only ask, Que le diable allait-il faire dans cette galere?
Ultimately the case was remanded till the following Monday, Mr. Maloney intimating that he should apply for fresh summonses for other numbers of the Freethinker, as well as a summons against Mr. Bradlaugh for complicity in our crime.
Let me here pause to consider how these prosecutions for blasphemy are initiated. Under the Newspaper Libels Act no prosecution for libel can be commenced against the editor, publisher or proprietor of any newspaper, without the written fiat of the Public Prosecutor. This post is occupied by Sir John Maule, who enjoys a salary of L2,000 a year, and has the assistance of a well-appointed office in his strenuous labors. Punch once pictured him fast asleep before the fire, with a handkerchief over his face, while all sorts of unprosecuted criminals plied their nefarious trades; and Mr. Justice Hawkins (I think) has denounced him as a pretentious farce. He is practically irresponsible, unlike the Attorney-General, who, being a member of the Government, is amenable to public opinion. Press laws, except in cases of personal libel, ought not to be neglected or enforced at the discretion of such an official. Every interference with freedom of speech, whenever it is deemed necessary, should be undertaken by the Government, or at least have its express sanction. Nothing of the sort happened in our case. On the contrary, Sir John Maule allowed our prosecution after Sir William Harcourt had condemned it. The Public Prosecutor set himself above the Home Secretary. Unfortunately the general press saw nothing anomalous or dangerous in such a state of things; for an official like Sir John Maule, while ready enough to sanction the prosecution of an unpopular journal, which presumably has few friends, is naturally reluctant, as events have shown, to allow proceedings against a powerful journal whose friends may be numerous and influential. Fortunately, however, a Select Committee of the House of Commons has taken a more sensible view of the Public Prosecutor and the duties he has so muddled, and recommended the abolition of his office. Should this step be taken, his duties will probably be performed by the Solicitor-General, and the press will be freed from a danger it had not the sense or the courage to avert. As for Sir John Maule, he will of course retire with a big pension, and live in fat ease for the rest of his sluggish life.
CHAPTER III. MR. BRADLAUGH INCLUDED.
Mr. Maloney obtained his summons against Mr. Bradlaugh, whose name was included in a new document which was served on all of us. I have lost our first Summons, but I am able to give a copy of the second. It ran thus:
"TO WILLIAM JAMES RAMSEY, of 28 Stonecutter Street, in the City
of London, and 20 Brownlow Street, Dalston, in the county of
Middlesex; GEORGE WILLIAM FOOTE, of 9 South Crescent, Bedford
Square, in the county of Middlesex; EDWARD WILLIAM WHITTLE, of
170 Saint John Street, Clerkenwell, in the county of Middlesex;
and CHARLES BRADLAUGH, of 20 Circus Road, Saint John's Wood, in
the county of Middlesex, and 28 Stonecutter Street, in the City
of London.
"Whereas you have this day been charged before the under-signed,
the Lord Mayor of the City of London, being one of Her Majesty's
justices of the peace in and for the said City, and the liberties
thereof, by Sir Henry Tyler, of Dashwood House, 9 New Broad Street,
in the said City, for that you, in the said City, unlawfully did
publish, or cause and procure to be published, certain blasphemous
libels in a newspaper called the Freethinker, dated and published
on the days following—that is to say, on the 26th day of March,
1882, on the 9th, 23rd and 30th days of April, 1882, and on the
7th, 14th, 21st and 28th days of May, 1882, and on the 11th and
18th days of June, 1882, against the peace, etc.:
"These are therefore to command you, in Her Majesty's name, to
be and appear before me, on Monday, the 17th day of July, 1882,
at eleven of the clock in the forenoon, at the Mansion House
Justice-Room, in the said City, or before such other justice
or justices of the peace for the same City as may then be there,
to answer to the said charge, and to be further dealt with
according to law. Herein fail not.
"Given under my hand and seal, this 12th day of July, in the
year of our Lord 1882, at the Mansion House Justice-Room,
aforesaid.
"WHITTAKER ELLIS, Lord Mayor, London."