"It may be my ill fortune to have to support such an action in a case in which the defendant is a man whose character is entitled to every respect, and the plaintiff is a man with whose views, openly avowed, I have no sort of sympathy. But I will not call it my 'ill fortune,' for many of the most precious judgments given by the Courts in Westminster Hall were given in favour of men who, if English justice could ever be warped by personal feeling, would certainly have failed. It is indeed an ill fortune of the case that in the minds of many the cause of religion should seem to be connected with the success or failure of a particular person, whose defeat or success is really to the cause of religion a matter of supreme indifference, but as to whom (speaking only of what has been proved before me), a course has been taken and proceedings have been pressed which, in the case of any other, would be strongly and universally condemned, and by which certainly the cause of religion has not been advanced. But my duty is simply to decide the cause according to the best opinion I can form of the law—a duty which the rules of Christian teaching make quite clear."
As to costs, Lord Coleridge remarked that the decision of the House of Lords, though giving costs on the appeal, left Bradlaugh mulcted in a considerable sum of costs which were not recoverable from Clarke. For the recoverable costs he assumed Newdegate would now hold himself responsible; but further,
"for the residue of the costs and the expenses which Mr Bradlaugh has been put to as between attorney and client, and the various expenses he has had to bear—for all these Mr Newdegate is responsible in damages. I think that Mr Bradlaugh is entitled to an indemnity for every loss which Mr Newdegate's maintenance has caused him, and if this cannot be agreed on between the parties it must go to the official referee to ascertain the amount, and when he has reported to me I will give judgment for the amount he finds to be due, applying the principles I have thus laid down."
Newdegate's counsel gave notice of an appeal, but after six months' delay abandoned it. Thus by two concurrent successes Bradlaugh inflicted a crushing and final defeat on one of the men who had sought to ruin his political career out of hate for his opinions. He could not have, in addition to the solace of triumph, the "stern joy which warriors feel in foemen worthy of their steel;" but he had the satisfaction, such as it was, of knowing that his victory was a source of intense chagrin to thousands of bigots who had reckoned on, betted on, and generally predicted his defeat and bankruptcy.
And his victory on the points of civil law was effectually secured by his acquittal in the action for blasphemy. A new excitement had been added to that issue by the commencement, on 2nd February, of a new prosecution of Mr Foote (now owner as well as editor) and Mr Ramsey (now publisher only), with Ramsey's shopman, Henry Arthur Kemp, for the publication of a special "Christmas number" of the Freethinker, in which there occurred certain woodcuts, ridiculing the Hebrew Deity and the Jesus of the Gospels. In this case there could be no pretence of implicating Bradlaugh, as the incriminated number had not even been sold on the Freethought Publishing Company's premises. Whether Tyler saw the necessity of putting a better colour of religious zeal on his ill-conditioned action against Bradlaugh, or whether the recent strife had stirred up smouldering bigotry independently of personal animus against Bradlaugh, this prosecution was undertaken by "the City of London." The new trial, which took place at the Central Criminal Court on 1st March 1883, before Mr Justice North and a jury, is likely to be long remembered in respect of the extraordinary display of mediæval prejudice by the judge. He repeatedly and angrily interrupted Mr Foote in his defence, declining to allow him to quote current printed matter which would show at once how much "permitted blasphemy" went on among Salvationists, and how perfectly in keeping was his freethinking blasphemy with the popular religion which it attacked. The jury, after two hours' discussion, could not agree, and the judge discharged them, arranging for a fresh trial on the 6th with a fresh jury, and refusing in the harshest and most peremptory manner to let the prisoners out on bail, though in law they were perfectly entitled to it. Applications made next day to other judges fell through on the score, not of being wrong in law, but of "want of jurisdiction" on the part of the judges applied to. The second trial was even more disgraceful to the judge than the first. At the outset, Mr Foote objected to one of the jurors as having expressed animus, and the judge, in suggesting the juryman's withdrawal, declared that "he should be sorry to have a gentleman upon the jury who had expressed himself as prejudiced." His own summing-up to the jury, however, was again scandalously prejudiced; and when the jury promptly returned a verdict of guilty, he addressed Mr Foote as follows:—
"You have been found guilty by the jury of publishing these blasphemous libels. This trial has been to me a very painful one, as I regard it as extremely sad to find that a person to whom God has given such evident intelligence and ability should have chosen to prostitute his talents to the work of the devil in the way it has been done (sic) under your auspices."
The sentence was a year's imprisonment. The announcement called forth a display of indignation among the audience such as has perhaps never been seen in modern times; and the judge had to sit for some minutes in a storm of hisses and outcries, the epithets "Jeffries" and "Scroggs" expressing the prevailing sentiment. Mr Foote's words: "My lord, I thank you: it is worthy of your creed," were followed by a renewal of the tumult, and it was with difficulty that the Court was cleared. Then the judge sentenced Ramsey and Kemp to nine and three months' imprisonment respectively. The same judge, it is recorded, had let off with three months' imprisonment a ruffian who had killed a coffee-stall keeper with a kick on the face when he was refused a second cup of coffee till the first had been paid for.
The impression made among thoughtful people by the judge's action was one of general displeasure. Canon Shuttleworth pronounced the sentence "a calamity." Mr Foote's methods had been widely and strongly disapproved of among cultured Freethinkers, including Bradlaugh; and Mr John Morley, in the Pall Mall Gazette, had gone to the indefensible length of justifying the prosecution, on the very inadequate ground that the Freethinker had been "thrust on" the public, it having been exhibited in the publisher's window in a side street. But the infamous sentence at once turned feeling the other way, though protests like Canon Shuttleworth's were needed to teach Mr Morley and other Liberal journalists that renunciation of Liberal principles is not really necessary, even in cases of persecution, to propitiate the public. Bradlaugh, on his part, took the—for him—unprecedented course of addressing a public letter to the judge, reprobating his conduct. "My lord," he wrote,
"I pen this public letter with considerable regret and much pain. I have always in my public utterances tried to teach respect for the judicial bench. I have never, I hope, allowed hostile decisions against myself personally to tempt me to undue language when exercising my journalistic right to criticise judgments delivered. My own experience of the judges of our land has, with slight exception, been that they always listened with great patience, and when disagreeing, have expressed their disagreement in a dignified manner. When I read the report of the first trial of Messrs Foote, Ramsey, and Kemp, I was inexpressibly shocked. The character of some of the evidence you admitted alarmed me, and your refusal to reserve the objection taken to the admissibility of such evidence for the consideration of the Court of Crown Cases Reserved seemed to me so extraordinary that I even now hardly dare trust myself to characterise it.... But the point that most afflicts me is the fashion in which you over and over again interrupted the defendant Foote in his defence.... There are plenty of precedents showing that prisoners have been permitted in defence the indulgence so peremptorily denied by your lordship to Mr Foote.... That you should have held the defendants in custody after the jury had disagreed, and when you had determined to again try them four days later, was mischievously and wantonly cruel. They had duly surrendered to their bail, which had been small in amount. There was no suggestion or supposition that they would try to avoid justice, nor did the prosecution ask for their detention. I am afraid, my lord, that you sent them to Newgate because they had been over-bold in their defence.... If you had meant the three defendants to have no chance of escape, if you had been prosecutor instead of impartial judge, you could hardly have done more to embarrass their defence than by sending them to this sudden and unexpected close confinement."
The letter concluded: