"I respectfully submit myself to the sentence of the Court," my father replied in his gravest tones. "I have nothing to say in mitigation of punishment," added Mrs Besant.
The Judge then proceeded to sentence them to imprisonment for six calendar months, to a fine of £200 each, and to enter into their own recognisances for £500 each for two years.
The judgment was delivered towards the end of a long day of hard and wearisome fighting, and my father, who, with Mrs Besant, had of course received the sentence standing, was very white; his voice, however, was quite firm when, the Lord Chief Justice having concluded, he quietly and respectfully asked, "Would your lordship entertain an application to stay execution of the sentence?"
"Certainly not," was the answer. Mr Bradlaugh bowed; the officer of the Court moved forward to take him and Mrs Besant into custody; my father gave me his pocket-book, and bade us follow him as far as we were allowed. We had nearly reached the door when the Lord Chief Justice spoke again. In milder tones he said: "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 recognisances 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 replied: "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 a favour without yielding to the Court during the time that I take advantage of its indulgence." My father added that he wished it to be quite clear that he only pledged himself to stop the circulation of the book until the decision of the Court of Error. The Judge was satisfied with this assurance, although the Solicitor-General was not, and Mr Bradlaugh and Mrs Besant were liberated on their own recognisances of £100 each.
This "on consideration" of the Lord Chief Justice entirely changed the course of events. In the following February (1878) the case was argued in the Court of Appeal before the Lords Justices Bramwell, Brett, and Cotton, who in a very elaborate judgment gave their decision in favour of Mr Bradlaugh and Mrs Besant; and the indictment was quashed on the ground that the words relied upon by the prosecution as proving their case ought to have been expressly set out. Two American cases brought forward by the Solicitor-General before the Lord Chief Justice as against Mr Bradlaugh's argument were regarded by the Lord Justices of Appeal as of no weight; while any value they might have had was absolutely in favour of the defendants.
The total amount disbursed in this defence and provided by public subscriptions was £1065. The expenses of the prosecution must have been enormous; but to the end the name of the prosecutor was refused. In March 1878 Mr Bradlaugh wrote: "It is not the Government, we are assured on the highest authority; it is not the Vice Society; and it is positively stated that it is not the city authorities, and yet the City Solicitor instructed counsel, and the proceedings are conducted from the law offices of the Corporation." However, in spite of the positive statement of the City Solicitor, the official report of the Common Council mentioned that the prosecution was ordered by Alderman Ellis; and later, at a meeting of the Common Council, presided over by the Lord Mayor, the Solicitor, in answer to a question, said the prosecution was instituted by the city police and carried on by him under the direction of Alderman Ellis. The actual costs of the prosecution would be, he thought, "about £700." As Mr Bradlaugh commented: "This becomes embarrassing; on 4th May 1877 Mr T. J. Nelson wrote that 'the Corporation of London has nothing and never has had anything to do with the prosecution.' If so, why do the city authorities pay even £700 towards the costs? And who pays the rest? For with three counsel to fee all through, £700 will most certainly not cover the bill.... Why, unless the Solicitor-General, as a labour of love, worked half-price, his fees alone would spoil the £700." And, as my father further asked, "Why did Alderman Ellis direct the prosecution?" for he was not even the sitting magistrate.
In addition to the main proceedings in the Court of Queen's Bench and the Court of Error there were a number of side issues which were heard before other Courts; points were argued in banco; an application was made to Mr Vaughan for the 650 copies of the Knowlton pamphlet seized by the Vice Society at Mr Truelove's. An appeal was lodged at the General Sessions against Mr Vaughan's order for their destruction, a successful application was made to the Court of Queen's Bench to quash Mr Vaughan's order, and a summons heard against Inspector Wood for unlawfully detaining the pamphlets. Not a few were the comments in the press when twice within six months Mr Bradlaugh succeeded in getting quashed decisions given against himself (first, the indictment, and with it the sentence of imprisonment and fine, and next the magisterial order). One journal even suggested that "much loss of time might be avoided" if Mr Bradlaugh were appointed "to consult with our legal luminaries and revise their decisions."