[CHAPTER III.]
PROSECUTION OF MR BRADLAUGH AND MRS BESANT.
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."