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

to sentence us, but determined to vindicate the law he administered. "The question is," he urged, "what is to be the future course of your conduct? The jury have acquitted you of any intention to deliberately violate the law; and that, although you did publish this book, which was a book that ought not to have been published, you were not conscious of the effect it might have, and had no intention to violate the law. That would induce the Court, if it saw a ready submission on your part, to deal with the case in a very lenient way. The jury having found that it was a violation of the law, but with a good motive or through ignorance, the Court, in awarding punishment upon such a state of things, would, of course, be disposed to take a most indulgent view of the matter. But if the law has been openly set at defiance, the matter assumes a very different aspect, and it must be dealt with as a very grave and aggravated case." We could not, however, pledge ourselves to do anything more than stop the sale pending the appeal on the writ of error which we had resolved to go for. "Have you anything to say in mitigation?" was the judge's last appeal; but Mr. Bradlaugh answered: "I respectfully submit myself to the sentence of the Court"; and I: "I have nothing to say in mitigation of punishment".

The sentence and the reason for its heavy character have been so misrepresented, that I print here, from the shorthand report taken at the time, the account of what passed:--

"The LORD CHIEF JUSTICE, after having conferred for some minutes with Mr. Justice Mellor, said: The case has now assumed a character of very, very grave importance. We were prepared, if the defendants had announced openly in this Court that having acted in error as the jury found--of which finding I think they are entitled to the benefit--but still having been, after a fair and impartial trial, found by the jury guilty of doing of that which was an offence against the law, they were ready to submit to the law and to do everything in their power to prevent the further publication and circulation of a work which has been declared by the jury to be a work calculated to deprave public morals, we should have been prepared to discharge them on their own recognizances to be of good behavior in the future. But we cannot help seeing in what has been said and done pending this trial, and since the verdict of the jury was pronounced, that the defendants, instead of submitting themselves to the law, have set it at defiance by continuing to circulate this book. That being so I must say that that which before was an offence of a comparatively slight character--looking to what the jury have found in reference to the contention of the defendants--now assumes the form of a most grave and aggravated offence, and as such we must deal with it. The sentence is that you, Charles Bradlaugh, and you, Annie Besant, be imprisoned for the term of six calendar months; that you each pay a fine of L200 to the Queen; and that you enter further into your own recognizances in a sum of L500 each to be of good behavior for the term of two years; and I tell you at the same time that you will not be of 'good behavior' and will be liable to forfeit that sum if you continue to publish this book. No persuasion or conviction on your part that you are doing that which is morally justifiable can possibly warrant you in violating the law or excuse you in doing so. No one is above the law; all owe obedience to the law from the highest to the lowest, and if you choose to set yourself at defiance against the law--to break it and defy it--you must expect to be dealt with accordingly. I am very sorry indeed that such should be the result, but it is owing to your being thus contumacious, notwithstanding that you have had a fair trial, and the verdict of a competent jury, which ought to have satisfied you that you ought to abstain from doing what has been clearly demonstrated and shown to be wrong.

"Mr. BRADLAUGH: Would your lordship entertain an application to stay execution of the sentence?

"The LORD CHIEF JUSTICE: Certainly not. 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 recognizances 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: 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 for a favor without yielding to the Court during the time that I take advantage of its indulgence.

"The LORD CHIEF JUSTICE: I wish you had taken this position sooner.

"Mr. BRADLAUGH: If the sentence goes against us, it is another matter; but if you should consent to give us time for the argument of this writ of error, we would bind ourselves during that time. I should not like your lordship to be induced to grant this request on the understanding that in the event of the ultimate decision being against me I should feel bound by that pledge.

"The LORD CHIEF JUSTICE: I must do you the justice to say that throughout the whole of this battle our conduct has been straightforward since you took it up.

"Mr. BRADLAUGH: I would not like your lordship to think that, in the event of the ultimate decision being against us, there was any sort of pledge. I simply meant that the law having pronounced against us, if your lordship gives us the indulgence of fighting it in the higher Court, no sort of direct or indirect advantage shall be taken of the indulgence.

"The LORD CHIEF JUSTICE: You will not continue the publication?

"Mr. BRADLAUGH: Not only will I stop the circulation of the book myself, but I will do all in my power to prevent other people circulating it.

"The LORD CHIEF JUSTICE: Then you can be discharged on your own recognizances for L100, 'to be of good behavior,' which you will understand to mean, that you will desist from the publication of this work until your appeal shall have been heard, and will engage to prosecute the appeal without delay.

"Mr. BRADLAUGH: Certainly; until the present, I have undoubtedly circulated the book. Although there is a blunder in the affidavits I do not disguise the matter of fact. I shall immediately put the thing under my own control, and I will at once lock up every copy in existence, and will not circulate another copy until the appeal is decided.

"Mr. JUSTICE MELLOR: It must be that you will really, to the best of your ability, prevent the circulation of this book until this matter has been determined.

"The LORD CHIEF JUSTICE: And what Mr. Bradlaugh says, I understand that you, Mrs. Besant, also assent to?

"Mrs. BESANT: Yes: that is my pledge until the writ of error has been decided. I do not want to give a pledge which you may think was not given honestly. I will give my pledge, but it must be understood that the promise goes no further than that decision.

"Mr. JUSTICE MELLOR: You will abstain yourself from circulating the book, and, so far as you can, suppress its circulation?

"Mr. BRADLAUGH: Every copy that is unsold shall be at once put under lock and key until the decision of the case.

"The SOLICITOR-GENERAL: My lord, I think there should be no misunderstanding upon this; I understand that the defendants have undertaken that during the pendency of the appeal this book shall not be circulated at all. But if the decision should be against them they are under no pledge not to publish.

"Mr. BRADLAUGH: I hope your lordship will not ask us what we shall do in future.

"The LORD CHIEF JUSTICE: We have meted out the amount of punishment upon the assumption--there being no assertion to the contrary, but rather an admission--that they do intend to set the law at defiance. If we had understood that they were prepared to submit themselves to the law, we should have been disposed to deal with them in the most indulgent manner; but as we understood that they did not intend this, we have meted out to them such a punishment as we hope, when undergone, will have a deterrent effect upon them, and may prevent other people offending in like manner. We have nothing to do with what may happen after the defendants obtain a judgment in their favor, if they do so, or after the sentence is carried out, if they do not. Our sentence is passed, and it will stand, subject only to this, that we stay execution until a writ of error may be disposed of, the defendants giving the most unqualified and unreserved pledge that they will not allow another copy of the book to be sold.

"Mr. BRADLAUGH: Quite so, my lord; quite so."

We were then taken into custody, and went down to the Crown Office to get the form for the recognizances, the amount of which, L100, after such a sentence, was a fair proof of the view of the Court as to our good faith in the whole matter. As a married woman, I was unable to give recognizances, being only a chattel, not a person cognisable by law; the Court mercifully ignored this--or I should have had to go to prison--and accepted Mr. Bradlaugh's sole recognizance as covering us both. It further inserted in the sentence that we were "to be placed in the First Class of Misdemeanants", but as the sentence was never executed, we did not profit by this alleviation.

The rest of the story of the Knowlton pamphlet is soon told. We appeared in the Court of Appeal on January 29th, 30th, and 31st, 1878. Mr. Bradlaugh argued the case, I only making a brief speech, and on February 12th the Court, composed of Lords Justices Bramwell, Brett, and Cotton, gave judgment in our favor and quashed the indictment. Thus we triumphed all along the line; the jury acquitted us of all evil motive, and left us morally unstained; the Court of Appeal quashed the indictment, and set us legally free. None the less have the ignorant, the malicious, and the brutal, used this trial and sentence against us as a proof of moral obliquity, and have branded us as "vendors of obscene books" on this sole ground.

With the decision of the Court of Appeal our pledge not to sell the Knowlton pamphlet came to an end, and we at once recommenced the sale. The determination we came to was announced in the _National Reformer_ of March 3rd, and I reprint here the statement I wrote at the time in Mr. Bradlaugh's name as well as my own.

"THE PLAN OF THE CAMPAIGN.

"The first pitched battle of the new campaign for the