Autobiographical Sketches, Annie Besant [books you have to read .TXT] 📗

warrant was no longer hanging over our heads, and on our way home we bought a paper announcing our arrest. The evening papers all contained reports of the proceedings, as did also the papers of the following morning. I have seen the _Globe, Standard, Daily News, Times, Echo, Daily Telegraph_, and they all give perfectly fair reports of what took place. It is pleasant that they all seem to recognise that our reason for acting as we have done is a fair and honorable desire to test the right of publication."


XV.


The preliminary investigation before the magistrates at Guildhall duly came on upon April 17th, the prosecution being conducted by Mr. Douglas Straight and Mr. F. Mead. The case was put by Mr. Straight with extreme care and courtesy, the learned counsel stating, "I cannot conceal from myself, or from those who instruct me, that everything has been done in accordance with fairness and _bona fides_ on the part of Mr. Bradlaugh and the lady sitting by the side of him". Mr. Straight contended that the good intentions of a publisher could not be taken as proving that a book was not indictable, and laid stress on the cheapness of the work, "the price charged is so little as sixpence". Mr. Bradlaugh proved that there was no physiological statement in Knowlton, which was not given in far fuller detail in standard works on physiology, quoting Carpenter, Dalton, Acton, and others; he showed that Malthus, Professor Fawcett, Mrs. Fawcett, and others, advocated voluntary limitation of the family, establishing his positions by innumerable quotations. A number of eminent men were in Court, subpoenaed to prove their own works, and I find on them the following note, written by myself at the time:--

"We necessarily put some of our medical and publishing witnesses to great inconvenience in summoning them into court, but those who were really most injured were the most courteous. Mr. Truebner, although suffering from a painful illness, and although, we had expressed our willingness to accept in his stead some member of his staff, was present, kindly and pleasant as usual. Dr. Power, a most courteous gentleman, called away from an examination of some 180 young men, never thought of asking that he should be relieved from the citizen's duty, but only privately asked to be released as soon as possible. Dr. Parker was equally worthy of the noble profession to which he belonged, and said he did not want to stay longer than he need, but would be willing to return whenever wanted. Needless to say that Dr. Drysdale was there, ready to do his duty. Dr. W.B. Carpenter was a strange contrast to these; he was rough and discourteous in manner, and rudely said that he was not responsible for 'Human Physiology, by Dr. Carpenter', as his responsibility had ceased with the fifth edition. It seems a strange thing that a man of eminence, presumably a man of honor, should disavow all responsibility for a book which bears his name as author on the title-page. Clearly, if the 'Human Physiology' is not Dr. Carpenter's, the public is grossly deceived by the pretence that it is, and if, as Dr. Carpenter says, the whole responsibility rests on Dr. Power, then that gentleman should have the whole credit of that very useful book. It is not right that Dr. Carpenter should have all the glory and Dr. Power all the annoyance resulting from the work."

Among all the men we came into contact with during the trial, Dr. Carpenter and Professor Fawcett were the only two who shrank from endorsing their own written statements.

The presiding magistrate, Mr. Alderman Figgins, devoted himself gallantly to the unwonted task of wading through physiological text books, the poor old gentleman's hair sometimes standing nearly on end, and his composure being sadly ruffled when he found that Dr. Carpenter's florid treatise, with numerous illustrations of a, to him, startling character, was given to young boys and girls as a prize in Government examinations. He compared Knowlton with the work of Dr. Acton's submitted to him, and said despondingly that one was just the same as the other. At the end of the day the effect made on him by the defence was shown by his letting us go free without bail. Mr. Bradlaugh finished his defence at the next hearing of the case on April 19th, and his concluding remarks, showing the position we took, may well find their place here:

"The object of this book is to circulate amongst the masses of the poor and wretched (as far as my power will circulate it), and to seek to produce in their minds such prudential views on the subject of population as shall at least hinder some of the horrors to be witnessed amongst the starving. I have not put you to the trouble of hearing proof--even if I were, in this court, permitted to do so--of facts on the Population Question, because the learned counsel for the prosecution, with the frankness which characterises this prosecution, admitted there was the tendency on the part of animated nature to increase until checked by the absence or deficiency of the means of subsistence. This being so, some checks must step in; these checks must be either positive or preventive and prudential. What are positive checks? The learned counsel has told you what they are. They are war, disease, misery, starvation. They are in China--to take a striking instance--accompanied by habits so revolting that I cannot now allude to them. See the numbers of miserable starving children in the great cities and centres of population. Is it right to go to these people and say, 'bring into the world children who cannot live', who all their lives are prevented by the poverty-smitten frames of their parents, and by their own squalid surroundings, from enjoying almost every benefit of the life thrust on them! who inherit the diseases and adopt the crimes which poverty and misery have provided for them? The very medical works I have put in in this case show how true this is in too many cases, and if you read the words of Dr. Acton, crime is sometimes involved of a terrible nature which the human tongue governed by training shrinks from describing. We justly or erroneously believe that we are doing our duty in putting this information in the hands of the people, and we contest this case with no kind of bravado; the penalty we already have to pay is severe enough, for even while we are defending this, some portion of the public press is using words of terrorism against the witnesses to be called, and is describing myself and my co-defendant in a fashion that I feel sure will find no sanction here, and that I hope will never occur again. We contest this because the advocacy of such views on population has been familiar to me for many years. The _Public Journal of Health_, edited by Dr. Hardwicke, the coroner for Central Middlesex, will show you that in 1868 I was known, in relation to this question, to men high in position in the land as original thinkers and political economists; that the late John Stuart Mill has left behind him, in his Autobiography, testimony concerning me on this subject, according unqualified praise to me for the views thereon which I had labored to disseminate; and that Lord Amberley thanked me, in a society of which we were then both associates, for having achieved what I had in bringing these principles to the knowledge of the poorer classes of the people. With taxation on every hand extending, with the cost of living increasing, and with wages declining--and, as to the last element, I am reminded that recently I was called upon to arbitrate in a wages' dispute in the north of England for a number of poor men, and, having minutely scrutinised every side of the situation, was compelled to reduce their wages by 15 per cent., there having been already a reduction of 35 per cent, in the short space of some twenty months previously--I say, with wages declining, with the necessaries of life growing dearer and still dearer, and with the burden of rent and taxation ever increasing-- if, in the presence of such a condition of life among the vast industrial and impoverished masses of this land, I am not to be allowed to tell them how best to prevent or to ameliorate the wretchedness of their lot--if, with all this, I may not speak to them of the true remedy, but the law is to step in and say to me, 'Your mouth is closed'; then, I ask you, what remedy is there remaining by which I am to deal with this awful misery?"

The worthy magistrate duly committed us for trial, accepting our own recognizances in L200 each to appear at the Central Criminal Court on May 7th. To the Central Criminal Court, however, we had not the smallest intention of going, if we could possibly avoid it, so Mr. Bradlaugh immediately took steps to obtain a writ of _certiorari_ to remove the indictment to the Court of Queen's Bench. On April 27th Mr. Bradlaugh moved for the writ before Lord Chief Justice Cockburn and Mr. Justice Mellor, and soon after he began his argument the judge stopped him, saying that he would grant the writ if, "upon, looking at it we think its object is the legitimate one of promoting knowledge on 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 that 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 into 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."

Two copies of the book were at once handed up to the Bench, and on April 30th the Court granted the writ, the Lord Chief Justice saying: "We have looked at the book which is the subject-matter of the 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." Further, the Court accepted Mr. Bradlaugh's recognisances for L400 for the costs of the prosecution.

Some, who have never read the Knowlton pamphlet, glibly denounce it as a filthy and obscene publication. The Lord Chief Justice of England and Mr. Justice Mellor, after reading it, decided to grant a writ which they had determined not to grant if the book had merely a veneer of science and was "calculated to arouse the passions". Christian bigotry has ever since 1877 striven to confound our action with the action of men who sell filth for gain, but only the shameless can persist in so doing when their falsehoods are plainly exposed, as they are exposed here.

The most touching letters from the poor came to us from all parts of the kingdom. One woman, who described herself as