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Prisoner for Blasphemy

Prisoner for Blasphemy

Author: : G. W. [George William] Foote
Genre: Literature
Prisoner for Blasphemy by G. W. [George William] Foote

Chapter 1 THE STORM BREWING.

In the merry month of May, 1881, I started a paper called the Freethinker, with the avowed object of waging "relentless war against Superstition in general and the Christian Superstition in particular.

" I stated in the first paragraph of the first number that this new journal would have a new policy; that it would "do its best to employ the resources of Science, Scholarship, Philosophy and Ethics against the claims of the Bible as a Divine Revelation," and that it would "not scruple to employ for the same purpose any weapons of ridicule or sarcasm that might be borrowed from the armoury of Common Sense."

As the Freethinker was published at the people's price of a penny, and was always edited in a lively style, with a few short articles and plenty of racy paragraphs, it succeeded from the first; and becoming well known, not through profuse advertisement, but through the recommendation of its readers, its circulation increased every week. Within a year of its birth it had outdistanced all its predecessors. No Freethought journal ever progressed with such amazing rapidity. True, this was largely due to the fact that the Freethought party had immensely increased in numbers; but much of it was also due to the policy of the paper, which supplied, as the advertising gentry say, "a long-felt want." Although the first clause of its original programme was never wholly forgotten, we gradually paid the greatest attention to the second, indulging more and more in Ridicule and Sarcasm, and more and more cultivating Common Sense. A dangerous policy, as I was sometimes warned; but for that very reason all the more necessary. The more Bigotry writhed and raged, the more I felt that our policy was telling. Borrowing a metaphor from Carlyle's "Frederick," I likened Superstition to the boa, which defies all ponderous assaults, and will not yield to the pounding of sledge-hammers, but sinks dead when some expert thrusts in a needle's point and punctures the spinal column.

I had a further incentive. Mr. Bradlaugh's infamous treatment by the bigots had revolutionised my ideas of Freethought policy. Although never timid, I was until then practically ignorant of the horrible spirit of persecution; and with the generous enthusiasm of youth I fondly imagined that the period of combat was ended, that the liberty of platform and press was finally won, that Supernaturalism was hopelessly scotched although obviously not slain, and that Freethinkers should now devote themselves to cultivating the fields they had won instead of raiding into the enemy's territory. Alas for the illusions of hope! They were rudely dispelled by a few "scenes" in the House of Commons, and barred from all chance of re-gathering by the wild display of intolerance outside. I saw, in quite another sense than Garth Wilkinson's, the profound truth of his saying that-

"The Duke of Wellington's advice, Do not make a little war, is

applicable to internal conflicts against evil in society. For

little wars have no background of resources, they do not know

the strength of the enemy, and the peace that follows them for

the most part leaves the evil in dispute nearly its whole territory;

perhaps is purchased by guaranteeing the evil by treaty; and

leaves the case of offence more difficult of attack by reason

of concession to wrong premises."

("Human Science and Divine Revelation," Preface, p. vi.)

Yes, the war with Superstition must be fought a outrance. We must decline either treaty or truce. I hold that the one great work of our time is the destruction of theology, the immemorial enemy of mankind, which has wasted in the chase of chimeras very much of the world's best intellect, fatally perverted our moral sentiments, fomented discord and division, supported all the tyranny of privilege and sanctioned all debasement of the people. Far be it from me to argue this point with any dissident. I prefer to leave him to the logic of events, which has convinced me, and may some day convince him.

But to recur. Before the Freethinker had reached its third number I began to reflect on the advisability of illustrating it, and bringing in the artist's pencil to aid the writer's pen. I soon resolved to do this, and the third and fourth numbers contained a woodcut on the front page. In the fifth number there appeared an exquisite little burlesque sketch of the Calling of Samuel, by a skilful artist whose name I cannot disclose. Although not ostensibly, it was actually, the first of those Comic Bible Sketches for which the Freethinker afterwards became famous; and from that date, with the exception of occasional intervals due to difficulties there is no need to explain, my little paper was regularly illustrated. During the whole twelve months of my imprisonment the illustrations were discontinued by my express order. I was not averse to their appearing, but I knew the terrible obstacles and dangers my temporary successor would have to meet, and I left him a written prohibition of them, which he was free to publish, in order to shield him against the possible charge of cowardice. Since my release from prison they have been resumed, and they will be continued until I go to prison again, unless I see some better reason than Christian menace for their cessation.

The same fifth number of the Freethinker contained an account of the first part of "La Bible Amusante," issued by the Anti-Clerical publishing house in the Rue des Ecoles. That notice was from my own pen, and I venture to reprint the opening paragraphs.

"Voltaire's method of attacking Christianity has always approved

itself to French Freethinkers. They regard the statement that

he treated religious questions in a spirit of levity as the

weak defence of those who know that irony and sarcasm are the

deadliest enemies of their faith. Superstition dislikes argument,

but it hates laughter. Nimble and far-flashing wit is more

potent against error than the slow dull logic of the schools;

and the great humorists and wits of the world have done far

more to clear its head and sweeten its heart than all its

sober philosophers from Aristotle to Kant.

"We in England have Comic Histories, Comic Geographies, and

Comic Grammars, but a Comic Bible would horrify us. At sight

of such blasphemy Bumble would stand aghast, and Mrs. Grundy

would scream with terror. But Bumble and Mrs. Grundy are less

important personages in France, and so the country of Rabelais

and Voltaire produces what we are unable to tolerate in thought."

I concluded by saying-"We shall introduce the subsequent numbers to the attention of our readers, and, if possible, we shall reproduce in the Freethinker some of the raciest plates. We shall be greeted with shrieks of pious wrath if we do so, but we are not easily frightened."

There was really more than editorial fashion in this "we," for at that time Mr. Ramsey was half proprietor of the Freethinker, and his consent had of course to be obtained before I could undertake such a dangerous enterprise. I gladly avow that he showed no hesitation; on the contrary, he heartily fell in with the project. He frankly left the editorial conduct of our paper in my hands, despised the accusation of Blasphemy, and defied its law. His half-proprietorship of the Freethinker has terminated, but we still work together in our several ways for the cause of Freethought. Mr. Ramsey went with me into the furnace of persecution, and he bore his sufferings with manly fortitude.

The Freethinker steadily progressed in circulation, and in January, 1882, I was able to secure the services of my old friend, Joseph Mazzini Wheeler, as sub-editor. He had for long years contributed gratuitously to my literary ventures, and those who ever turn over a file of the Secularist or the Liberal will see with what activity he wielded his trenchant pen. When he became my paid sub-editor, our relations remained unchanged. We worked as loyal colleagues for a cause we both loved, and treated as a mere accident the fact of my being his principal. The same feeling animates us still, nor do I think it can ever suffer alteration.

The new year's number, dated January 1, 1882, referred to Mr. Wheeler's accession, and to that of Dr. Edward Aveling, who then became a member of the regular staff. It also referred to the policy of the Freethinker, and to another subject of the gravest interest-namely, the threats of prosecution which had appeared in several Christian journals. As "pieces of justification," to use a French phrase, I quote these two passages:

"Our ill-wishers (what journal has none?) have been of two kinds.

In the first place, the Christians, disgusted with our "blasphemy,"

predicted a speedy failure. The wish was father to the thought.

These latter-day prophets were just as false as their predecessors.

Now that they witness our indisputable success, they shake their

heads, look at us askance, mutter something like curses, and pray

the Lord to turn us from our evil ways. One or two bigots, more

than ordinarily foolish, have threatened to suppress us with the

strong arm of the law. We defy them to do their worst. We have

no wish to play the martyr, but we should not object to take a

part in dragging the monster of persecution into the light of day,

even at the cost of some bites and scratches. As the Freethinker was intended to be a fighting organ, the savage hostility of the

enemy is its best praise. We mean to incur their hatred more

and more. The war with superstition should be ruthless. We ask

no quarter and we shall give none.

"Secondly, we have had to encounter the dislike of mealy-mouthed

Freethinkers, who want omelettes without breaking of eggs

and revolutions without shedding of blood. They object to

ridiculing people who say that twice two are five. They even

resent a dogmatic statement that twice two are four. Perhaps

they think four and a half a very fair compromise. Now this

is recreancy to truth, and therefore to progress. No great

cause was ever won by the half-hearted. Let us be faithful

to our convictions, and shun paltering in a double sense.

Truth, as Renan says, can dispense with politeness; and while

we shall never stoop to personal slander or innuendo, we shall

assail error without tenderness or mercy. And if, as we believe,

ridicule is the most potent weapon against superstition, we

shall not scruple to use it."

These extracts from my old manifestoes may possess little other value, but they at least show this, that the peculiar policy of the Freethinker was not adopted in a moment of levity, but was from the first deliberately pursued; and that while I held on the even tenor of my way, I was fully conscious of its dangers.

Early in January there fell into my hands a copy of a circular to Members of Parliament by Henry Varley, the Notting Hill revivalist. This person was a notorious trader in scandal, and he still pursues that avocation. Many of his discourses are "delivered to men only," an advertisement which is sure to attract a large audience; and one of them, which he has published, is just on a level with the quack publications that are thrust into young men's hands in the street. Henry Varley had already issued one private circular about Mr. Bradlaugh, full of the most brazen falsehoods and the grossest defamation; and containing, as it did, garbled extracts from Mr. Bradlaugh's writings, and artfully-manipulated quotations from books he had never written or published, it undoubtedly did him a serious injury. The new circular was worthy of the author of the first. It was addressed "To the Members of the House of Commons," and was "for private circulation only." The indignant butcher, for that is his trade, wished "to submit to their notice the horrible blasphemies that are appended, and quoted from a new weekly publication issued from the office where Mr. Bradlaugh's weekly journal, the National Reformer, is published. The paper is entitled the Freethinker, and is edited by G. W. Foote, one of Mr. Bradlaugh's prominent supporters, and one of his right hand men at the Hall of Science." The Commons of England were also requested to notice that "Dr. Aveling, who for some years has been one of Mr. Bradlaugh's chief helpers, is another contributor to this disgraceful product of Atheism." In conclusion, they were called upon to "devise means to stay this hideous prostitution of the liberty of the Press, by making these shameless blasphemers amenable to the existing law."

It is a curious thing that such a fervid champion of religion should always attack unbelievers with private circulars. Yet this is the policy that Henry Varley has always pursued. He is a religious bravo, who lurks in the dark, and strikes at Freethinkers with a poisoned dagger. More than once he has flooded Northampton with the foulest libels on Mr. Bradlaugh, invariably issued without the printer's name, in open violation of the law. He is liable for a fine of five pounds for every copy circulated, but the action must be initiated by the Attorney-General, and our Christian Government refuses to punish when the offence is committed by one of their own creed, and the sufferer is only an Atheist.

Varley's circular served its evil purpose, for soon after Parliament assembled in February, Mr. C. K. Freshfield, member for Dover, asked the Home Secretary whether the Government intended to prosecute the Freethinker.

Sir William Harcourt gave the following reply:

"I am sorry to say my attention has been called to a paper

bearing the title of the Freethinker, published in Northampton,

and I agree that nothing can be more pernicious to the minds of

right-thinking people than publications of that description-

(cheers)-but I think it has been the view for a great many

years of all persons responsible in these matters, that more

harm than advantage is produced to public morals by Government

prosecutions in cases of this kind. (Hear, hear). I believe

they are better left to the reprobation which they will meet

in this country from all decent members of society. (Cheers)."

This highly disingenuous answer was characteristic of the member for Derby. His reference to the Freethinker as published at Northampton, clearly proves that he had never seen it; and his unctuous allusions to "public morals" and "decent members of society" are further evidence in the same direction. The Freethinker was accused of blasphemy, but until Sir William Harcourt gave the cue not even its worst enemies charged it with indecency. In a later stage of my narrative I shall have to show that the "Liberal" Home Secretary has acted the part of an unscrupulous bigot, utterly regardless of truth, justice and honor.

I thought it my duty to write an open letter to Sir William Harcourt on the subject of his answer to Mr. Freshfield, in which I said-"I tell you that you could not suppress the Freethinker if you tried. The martyr spirit of Freethought is not dead, and the men who suffered imprisonment for liberty of speech a generation ago have not left degenerate successors. Should the necessity arise, there are Freethinkers who will not shrink from the same sacrifice for the same cause." The sequel has shown that this was no idle boast.

A few days later the Freethinker was again the subject of a question in the House. Mr. Redmond, member for New Ross, asked the Home Secretary "whether the Government had power to seize and summarily suppress newspapers which they considered pernicious to public morals; and, if so, why that power was not exercised in the case of the Freethinker and other papers now published and circulated in England." Sir William Harcourt repeated the answer he gave to Mr. Freshfield, and added that it would not be discreet to say whether the Government had power to seize obnoxious publications.

Mr. Redmond's question was a fine piece of impudence. Assuming that he represented all the voters in New Ross, his constituents numbered two hundred and sixty-one; and they could all be conveyed to Westminster in a tithe of the vehicles that brought people to Holloway Gaol to welcome me on the morning of my release. The total population of New Ross, including men, women and children, is less than seven thousand; a number that fell far short of the readers of the Freethinker even then. Representing a mere handful of people, Mr. Redmond had the audacity to ask for the summary suppression of a journal which is read in every part of the English-speaking world.

Nothing further of an exciting nature in connexion with my case occurred until early in May, when a prosecution for Blasphemy was instituted at Tunbridge Wells against Mr. Henry Seymour, Honorary Secretary of the local branch of the National Secular Society. This Branch had been the object of continued outrage and persecution, chiefly instigated, I have reason to believe, by Canon Hoare. The printed announcements outside their meeting-place were frequently painted over in presence of the police, who refused to interfere. Finally the police called on all the local bill-posters and warned them against exhibiting the Society's placards. Stung by these disgraceful tactics, Mr. Seymour issued a jocular programme of an evening's entertainment at the Society's hall, one profane sentence of which, while it in no way disturbed the peace or serenity of the town, aroused intense indignation in the breasts of the professional guardians of religion and morality. They therefore cited Mr. Seymour before the Justices of the Peace, and charged him with publishing a blasphemous libel. He was committed for trial at the next assizes, and in the meantime liberated on a hundred pounds bail. Acting under advice, Mr. Seymour pleaded guilty, and was discharged on finding sureties for his appearance when called up for judgment. This grievous error was a distinct encouragement to the bigots. Their appetite was whetted by this morsel, and they immediately sought a full repast.

My own attitude was one of defiance. In the Freethinker of May 14 I denounced the bigots as cowards for pouncing on a comparatively obscure member of the Freethought party, and I challenged them to attack its leaders before they assailed the rank and file. This challenge was cited against me on my own trial, but I do not regret it; and indeed I doubt if any man ever regretted that his sense of duty triumphed over his sense of danger.

Chapter 2 OUR FIRST SUMMONS.

Some day in the first week of July (I fancy it was Thursday, the 6th, but I cannot distinguish it with perfect precision, as some of my memoranda were scattered by my imprisonment) I enjoyed one of those very rare trips into the country which my engagements allowed. I was accompanied by two old friends, Mr. J. M. Wheeler and Mr. John Robertson, the latter being then on a brief first visit to London.

We went up the river by boat, walked for hours about Kew and Richmond, and sat on the famous Terrace in the early evening, enjoying the lovely prospect, and discussing a long letter from Italy, written by one of our best friends, who was spending a year in that poet's paradise. How we chattered all through that golden day on all subjects, in the heavens above, on the earth beneath, and in the waters under the earth! With what fresh delight, in keeping with the scene, we compared our favorite authors and capped each other's quotations! Rare Walt Whitman told Mr. Conway that his forte was "loafing and writing poems." Well, we loafed too, and if we did not write poems, we startled the birds, the sheep, the cattle, and stray pedestrians, by reciting them. I returned home with that pleasant feeling of fatigue which is a good sign of health-with tired limbs and a clear brain, languid but not jaded. Throwing myself into the chair before my desk, I lit my pipe, and sat calmly puffing, while the incidents of that happy day floated through my memory as I watched the floating smoke-wreaths. Casually turning round, I noticed a queer-looking sheet of paper on the desk. I picked it up and read it. It was a summons from the Lord Mayor, commanding my attendance at the Mansion House on the following Tuesday, to answer a charge of Blasphemy. Strange ending to such a day! What a tragi-comedy life is-how full of contrasts and surprises, of laughter and tears.

Two others were summoned to appear with me: Mr. W. J. Ramsey, as publisher and proprietor, and Mr. E. W. Whittle, as printer. Mr. Bradlaugh, who was not included in the prosecution until a later stage of the proceedings, rendered us ungrudging assistance. Mr. Lickfold, of the well-known legal firm of Lewis and Lewis, was engaged to watch the case on behalf of Mr. Whittle. As for my own defence, I resolved from the very first to conduct it myself, a course for which I had excellent reasons, that were perfectly justified by subsequent events. In the Freethinker of July 30, 1882, I wrote:

"I have to defend a principle as well as myself. The most

skilful counsel might be half-hearted and over-prudent. Every

lawyer looks to himself as well as to his client. When Erskine

made his great speech at the end of last century in a famous

trial for treason, Thomas Paine said it was a splendid speech

for Mr. Erskine, but a very poor defence of the "Rights of Man."

If Freethought is attacked it must be defended, and the charge

of Blasphemy must be retorted on those who try to suppress

liberty in the name of God. For my part, I would rather be

convicted after my own defence than after another man's; and

before I leave the court, for whatever destination, I will make

the ears of bigotry tingle, and shame the hypocrites who profess

and disbelieve."

For whatever destination! Yes, I avow that from the moment I read the summons I never had a doubt as to my fate. I knew that prosecutions for Blasphemy had invariably succeeded. How, indeed, could they possibly fail? I might by skill or luck get one jury to disagree, but acquittal was hopeless; and the prosecution could go on trying me until they found a jury sufficiently orthodox to ensure a verdict of guilty. It was a foregone conclusion. The prosecution played, "Heads I win, tails you lose."

And now a word as to our prosecutor. Nominally, of course, we were prosecuted by the Crown; and Judge North had the ignorance or impudence to tell the Old Bailey jury that this was not only theory but fact. Lord Coleridge, when he tried us two months later in the Court of Queen's Bench, told the jury that although the nominal prosecutor was the Crown, the actual prosecutor, the real plaintiff who set the Crown in motion, was Sir Henry Tyler. He provided all the necessary funds. Without his cash, nobody would have paid for the summons, and the pious lawyers, from Sir Hardinge Giffard downwards, who harangued the magistrates, the judge and the jury, would have held their venal tongues, and left poor Religion to defend herself as she could. And who is Sir Henry Tyler? or, rather, who was he? for after emerging into public notoriety by playing the part of a prosecutor, he fell back into his natural obscurity. He remained a Member of Parliament, but no one heard of him in that capacity, except now and then when he asked a foolish question, like others of his kind, who are mysteriously permitted to sit in our national legislature. Three years ago, however, he was a more conspicuous personage. He was then chairman of the Board of Directors of the Brush Light Company; and according to Henry Labouchere's statements in Truth, he was a "notorious guinea-pig." He was certainly an adept in the profitable transfer of shares: so much so, indeed, that at length the shareholders revolted against their pious chairman, and appointed a committee to investigate his proceedings. Whereupon this modern Knight of the Holy Ghost levanted, preferring to resign rather than face the inquiry. This is the man who asked in the House of Commons whether Mr. Bradlaugh's daughters could not be deprived of their hard-earned grants for their pupils who successfully passed the South Kensington examinations! This is the man who posed as the amateur champion of omnipotence! Surely if deity wanted a champion, Sir Henry Tyler is about the last person who would receive an application. Yet it is men of this stamp who have usually set the Blasphemy Laws in operation. These infamous laws are allowed to slumber for years, until some contemptible wretch, to gratify his private malice or a baser passion, rouses them into vicious activity, and fastens their fangs on men whose characters are far superior to his own. With this fact before them, it is strange that Christians should continue to regard these detestable laws as a bulwark of their faith, or in any way calculated to defend it against the inroads of "infidelity."

Sir Henry Tyler may after all have been a tool in the hands of others, for the St. Stephen's Review has admitted that the object of this prosecution was to cripple Mr. Bradlaugh in his parliamentary struggle, and we expected a prosecution long before it came, in consequence of some conversation on the subject overheard in the Tea Room of the House of Commons. But this, if true, while it heightens his insignificance, in no wise lessens his infamy; and it certainly does not impair, but rather increases, the force of my strictures on the Blasphemy Laws.

Lord Coleridge, in the Court of Queen's Bench, on the occasion of Mr. Bradlaugh's trial, sarcastically alluded to Sir Henry Tyler as "a person entirely unknown to me"-a very polite way of saying, "What does such an obscure person mean by assuming the role of Defender of the Faith?" His lordship must also have had that individual in his mind when, on the occasion of my own trial with Mr. Ramsey in the same Court on April 25, 1883, he delivered himself of these sentiments in the course of his famous summing-up:

"A difficult form of virtue is quietly and unostentatiously

to obey what you believe to be God's will in your own lives.

It is not very easy to do that, and if you do it, you don't

make much noise in the world. It is very easy to turn upon

somebody who differs from you, and in the guise of zeal for

God's honor, to attack somebody who differs from you in point

of opinion, but whose life may be very much more pleasing to God,

whom you profess to honor, than your own. When it is done by

persons whose own lives are full of pretending to be better

than their neighbors, and who take that particular form of zeal

for God which consists in putting the criminal law in force

against somebody else-that does not, in many people's minds,

create a sympathy with the prosecutor, but rather with the

defendant. There is no doubt that will be so; and if they

should be men-I don't know anything about these persons-but

if they should be men who enjoy the wit of Voltaire, and who

do not turn away from the sneer of Gibbon, but rather relish

the irony of Hume-one's feelings do not go quite with the

prosecutor, but one's feelings are rather apt to sympathise

with the defendants. It is still worse if the person who takes

this course takes it not from a kind of rough notion that God

wants his assistance, and that he can give it-less on his own

account than by prosecuting other-or if it is mixed up with

anything of a partisan or political nature. Then it is impossible

that anything can be more foreign from one's notions of what is

high-minded, religious and noble. Indeed, I must say it strikes

me that anyone who would do that, not for the honor of God, but for

his own purposes, is entitled to the most disdainful disapprobation

that the human mind can form."

Some of the orthodox Tory journals censured Lord Coleridge for these scathing remarks, but his lordship is not easily frightened by anonymous critics, and it is probable that, if he ever has to try another case like ours, he may denounce the prosecutors in still stronger language if their motives are so obviously sinister as were those of Sir Henry Tyler.

There was a great crowd of people outside the Mansion House on Tuesday morning, May 11, and we were lustily cheered as we entered. Long before the Lord Mayor, Sir Whittaker Ellis, took his seat on the Bench, every inch of standing space in the Justice Room was occupied. Mr. Bradlaugh took a seat near Mr. Lickfold and frequently tendered us hints and advice. Mr. Ramsey, Mr. Whittle, and I took our places in the dock as our names were called out by Mr. Gresham, the chief clerk of the court. Our summons alleged that we unlawfully did publish, or caused to be published, certain blasphemous libels in a newspaper called the Freethinker, dated the 28th of May, 1882.

Mr. Maloney, who appeared for the prosecution, seemed fully impressed with the gravity of his position, and when he rose he had the air of a man who bore the responsibility of defending in his single person the honor, if not the very existence, of our national religion. His first proceeding was very characteristic of a gentleman with such a noble task. He attempted to hand in as evidence against us several numbers of the Freethinker not mentioned in the summons, and these would have been at once admitted by the Lord Mayor, who was apparently used to accepting evidence in an extremely free and easy fashion, as is generally the case with the "great unpaid"; but Mr. Lickfold promptly intervened, and his lordship, seeing the necessity of carefulness, then held that it would be advisable to adhere to the one case that morning, and to take out fresh summonses for the other numbers. Mr. Maloney then proceeded to deal with the numbers before the Court. There were numerous blasphemies which, if we were committed for trial, would be set forth in the indictment, but he would "spare the ears of the Court." One passage, however, he did read, and it is well to put on record, for the sake of those who talk about our "indecent" attacks on Christianity, what a prosecuting barrister felt he could rely on to procure our committal. It was as follows: "As for the Freethinker, he will scorn to degrade himself by going through the farce of reconciling his soul to a God whom he justly regards as the embodiment of crime and ferocity." Those words were not mine; they were from an article by one of my contributors; but I ask any reasonable man whether it is not ludicrous to prate about religious freedom in a country where writers run the risk of imprisonment for a sentence like that? As Mr. Maloney ended the quotation his voice sank to a supernatural whisper, he dropped the paper on the desk before him, and regarded his lordship with a look of pathetic horror, which the worthy magistrate fully reciprocated. As I contemplated these two voluntary augurs of our national faith, and at the same time remembered that far stronger expressions might be found in the writings of Mill, Clifford, Amberley, Arnold, Newman, Conway, Swinburne, and other works in Mudie's circulating library, I could scarcely refrain from laughter.

The witnesses for the prosecution were of the ordinary type-policemen, detectives, and lawyer's clerks-with the exception of Mr. Charles Albert Watts, who by accident or design found himself in such questionable company. This young gentleman is the son of Mr. Charles Watts and printer of the Secular Review, and he was called to prove that I was the editor of the Freethinker. With the most cheerful alacrity he positively affirmed that I was, although he had absolutely no more knowledge on the subject-as indeed he admitted on cross-examination-than any other member of the British public. His appearance in the witness-box is still half a mystery to me and I can only ask, Que le diable allait-il faire dans cette galere?

Ultimately the case was remanded till the following Monday, Mr. Maloney intimating that he should apply for fresh summonses for other numbers of the Freethinker, as well as a summons against Mr. Bradlaugh for complicity in our crime.

Let me here pause to consider how these prosecutions for blasphemy are initiated. Under the Newspaper Libels Act no prosecution for libel can be commenced against the editor, publisher or proprietor of any newspaper, without the written fiat of the Public Prosecutor. This post is occupied by Sir John Maule, who enjoys a salary of L2,000 a year, and has the assistance of a well-appointed office in his strenuous labors. Punch once pictured him fast asleep before the fire, with a handkerchief over his face, while all sorts of unprosecuted criminals plied their nefarious trades; and Mr. Justice Hawkins (I think) has denounced him as a pretentious farce. He is practically irresponsible, unlike the Attorney-General, who, being a member of the Government, is amenable to public opinion. Press laws, except in cases of personal libel, ought not to be neglected or enforced at the discretion of such an official. Every interference with freedom of speech, whenever it is deemed necessary, should be undertaken by the Government, or at least have its express sanction. Nothing of the sort happened in our case. On the contrary, Sir John Maule allowed our prosecution after Sir William Harcourt had condemned it. The Public Prosecutor set himself above the Home Secretary. Unfortunately the general press saw nothing anomalous or dangerous in such a state of things; for an official like Sir John Maule, while ready enough to sanction the prosecution of an unpopular journal, which presumably has few friends, is naturally reluctant, as events have shown, to allow proceedings against a powerful journal whose friends may be numerous and influential. Fortunately, however, a Select Committee of the House of Commons has taken a more sensible view of the Public Prosecutor and the duties he has so muddled, and recommended the abolition of his office. Should this step be taken, his duties will probably be performed by the Solicitor-General, and the press will be freed from a danger it had not the sense or the courage to avert. As for Sir John Maule, he will of course retire with a big pension, and live in fat ease for the rest of his sluggish life.

Chapter 3 MR. BRADLAUGH INCLUDED.

Mr. Maloney obtained his summons against Mr. Bradlaugh, whose name was included in a new document which was served on all of us. I have lost our first Summons, but I am able to give a copy of the second. It ran thus:

"TO WILLIAM JAMES RAMSEY, of 28 Stonecutter Street, in the City

of London, and 20 Brownlow Street, Dalston, in the county of

Middlesex; GEORGE WILLIAM FOOTE, of 9 South Crescent, Bedford

Square, in the county of Middlesex; EDWARD WILLIAM WHITTLE, of

170 Saint John Street, Clerkenwell, in the county of Middlesex;

and CHARLES BRADLAUGH, of 20 Circus Road, Saint John's Wood, in

the county of Middlesex, and 28 Stonecutter Street, in the City

of London.

"Whereas you have this day been charged before the under-signed,

the Lord Mayor of the City of London, being one of Her Majesty's

justices of the peace in and for the said City, and the liberties

thereof, by Sir Henry Tyler, of Dashwood House, 9 New Broad Street,

in the said City, for that you, in the said City, unlawfully did

publish, or cause and procure to be published, certain blasphemous

libels in a newspaper called the Freethinker, dated and published

on the days following-that is to say, on the 26th day of March,

1882, on the 9th, 23rd and 30th days of April, 1882, and on the

7th, 14th, 21st and 28th days of May, 1882, and on the 11th and

18th days of June, 1882, against the peace, etc.:

"These are therefore to command you, in Her Majesty's name, to

be and appear before me, on Monday, the 17th day of July, 1882,

at eleven of the clock in the forenoon, at the Mansion House

Justice-Room, in the said City, or before such other justice

or justices of the peace for the same City as may then be there,

to answer to the said charge, and to be further dealt with

according to law. Herein fail not.

"Given under my hand and seal, this 12th day of July, in the

year of our Lord 1882, at the Mansion House Justice-Room,

aforesaid.

"WHITTAKER ELLIS, Lord Mayor, London."

On the following Monday, July 17, the junior Member for Northampton stood beside us in the Mansion House dock. The court was of course crowded, and a great number of people stood outside waiting for a chance of admission. The Lord Mayor considerately allowed us seats on hearing that the case would occupy a long time, a piece of attention which he might also have displayed on the previous Tuesday. It seems extremely unjust that men who are defending themselves, who need all their strength for the task, and who may after all be innocent, should be obliged to stand for hours in a crowded court in the dog-days, and waste half their energies in the perfectly gratuitous exertion of maintaining their physical equilibrium.

I shall not describe the proceedings before the Lord Mayor on this occasion. Properly speaking, it was Mr. Bradlaugh's day, and some time or other its incidents will be recorded in his biography. Suffice it to say that he showed his usual legal dexterity, sat on poor Mr. Maloney, and sadly puzzled the Lord Mayor. I must, however, refer to one point, as it illustrates the high Christian morality of our prosecutors. Mr. Maloney had obtained an illegal order from the Lord Mayor to inspect Mr. Bradlaugh's bank account, and armed with this order, which, even if it were legal, would not have extended beyond the limits of the City, this enterprising barrister had overhauled the books of the St. John's Wood Branch of the London and South-Western Bank. Lord Coleridge's astonishment at this unheard-of proceeding was only equalled by his trenchant sarcasm on the Lord Mayor as a legal functionary, and his bitter cold sneer at Mr. Maloney, who, it further appeared, had actually played the part of an amateur detective, by setting street policemen to watch Mr. Bradlaugh's entries and exits from his publishing office.

On the following Friday, July 21, the hearing of our case was resumed. We were all committed for trial at the Old Bailey, with the exception of Mr. Whittle, the printer, against whom the prosecution was abandoned on the ground that he had ceased to print the Freethinker. This was an unpleasant fact, and alas! it was only one of a good many I shall have to relate presently.

Before our committal I essayed to read a brief protest against the prosecution, which I had carefully prepared. In defiance of the statute, the Lord Mayor refused to hear it. An altercation then ensued, and I should have insisted on my right unless stopped by brute force; but on his lordship promising that a copy should be attached to the depositions, I yielded in order to let Mr. Bradlaugh have a full opportunity of stigmatising Sir Henry Tyler, who had left his questionable business at Dashwood House during a part of the day, to gloat over the spectacle of his enemy in a criminal dock.

Some portions of my half-suppressed protest ought not to be omitted in this history. After dealing in a few lines with the origin of the Blasphemy Laws, censuring the conduct of Sir Henry Tyler, and alluding to Sir. William Harcourt's reply to Mr. Freshfield, I expressed myself as follows:

"What, indeed, do the prosecutors hope or expect to gain?

Freethought is no longer a weak, tentative, apologetic thing;

it is strong, bold, and aggressive; and no law could now suppress

it except one of extermination. Every breach made in its ranks

by imprisonment would be instantly filled; and as punishment

is not eternal on this side of death, the imprisoned man would

some day return to his old place, fiercer than ever for the fight,

and inflamed with an unappeasable hatred of the religion whose

guardians prefer punishment to persuasion, and supplement the

weakness of argument by the force of brutality.

"Blasphemy is a very general offence if we take even the lenient

definitions of Sir James Stephen in his 'Digest of the Criminal Law.'

All who publicly advocate the disestablishment of the Church

are guilty under one clause, and half the leading writers of

our age are guilty under another. It is difficult to find a

book by any eminent scientist or thinker which does not contain

open or covert attacks on Christianity and Scripture, and the

Archbishop of Canterbury has pathetically complained that it

is dangerous to introduce high-class magazines to the family

circle, because they are nearly sure to contain a large quantity

of scepticism. Why are these propagators of heresy never molested?

Because it would be perilous to touch them. Prosecutions are

always reserved for those who are unprotected by wealth and

position. Heresy in expensive books for the upper classes is

safe, but heresy in cheap publications for the people incurs

a terrible danger. The one is flattered and conciliated, while

the other is liable at any moment to be put on its defence in

a criminal court, and is always at the mercy of any man who may

choose to indulge his political animosity, his social enmity,

or his private spite.

"Blasphemy is entirely a matter of opinion. What is blasphemy

in one country is piety in another. Progress tends to reduce

it from a crime to an affair of taste. To deal with it in the

bad spirit of the old laws, which are only unrepealed because

they have been treated as obsolete, is to outrage the conscience

of civilisation, and to violate that liberty of the press which

Bentham justly called 'the foundation of all other liberties.'

If opinions are not forced on people's attention, if they are

expressed in publications which are sold, which can be patronised

or neglected, and which must be deliberately sought before they

can be read; then, unless they contain incitements to crime,

they are entitled to immunity from molestation, and to interfere

with them is the height of gratuitous impertinence."

In the ordinary course our Indictment would have been tried at the Old Bailey. The grand jury found a true bill against us, after being charged by the Recorder, Sir Thomas Chambers, who addressed them as fellow Christians, quite forgetful of the fact that Jews and Deists are eligible as jurymen no less than orthodox believers. According to the newspapers this bigot described our blasphemous libels as "shocking," and said that "it was impossible for any Christian man to read them without feeling that they came within that description, and they ought to return a true bill." This same Sir Thomas Chambers is a patron of piety, especially when it takes the form of aggressive polemics. Some time afterwards he joined a committee, with the late Lord Shaftesbury, Lord Mayor Fowler, and other religious worthies, whose object was to raise a testimonial to Samuel Kinns, an obscure author who has written a stupid volume on "Moses and Geology" for the purpose of showing that the book of Genesis, to use Huxley's expression, contains the beginning and the end of sound science. It thus appears that a Christian magistrate may subscribe (or, which is quite as pious and far more economical, induce others to subscribe) for the confutation of heretics, and afterwards send them to gaol for not being confuted. What a glorious commentary on the great truth that England is a free country, and that Christianity relies entirely on the force of persuasion! Fortunately, however, our case was not tried at the Old Bailey. Mr. Bradlaugh obtained a writ of certiorari removing the indictment to the Court of Queen's Bench, where our case was put in the Crown List, and did not come on for hearing until two months after I was imprisoned on another indictment. Mr. Bradlaugh obtained the writ on July 29, 1882. It was during the long vacation, and we had to appear before more than one judge in chambers, Mr. Justice Stephen being the one who granted the writ. I remember roaming the Law Courts with Mr. Bradlaugh that morning. We went from office to office in the most perplexing manner. Everything seemed designed to baffle suitors who conduct their own cases. Obsolete technicalities, only half intelligible even to experts, met one at every turn, and when I left the Law Courts I felt that the thing was indeed done, but that it would almost puzzle omniscience to do it again in exactly the same way. Over seven pounds was spent in stamps, documents, and other items; and I was informed that a solicitor's charges for the morning's work would have exceeded thirty pounds. Securities for costs were required to the extent of six hundred pounds, and of course they had to be given. Yet we were merely seeking justice and a fair trial! As I walked home I pondered the great truth that England is a free country, and that there is one law for the rich and the poor; yet I reflected that as only the rich could afford it, the poor might as well have no law at all.

I have already referred to our printer's defection. Acting under advice, Mr. Whittle declined to print the Comic Bible Sketch in the number for July 16, and the following week he refused to print at all. He announced this decision after all the type was set up and the "formes" were almost ready for the press. Only forty-eight hours remained before the Freethinker was due. During that period, in company with my friend and sub-editor, Mr. J. M. Wheeler, I made desperate efforts to get a printer to undertake the work. At last I discovered a Freethinker who placed his inadequate resources at my disposal. He could only set up four pages of type, and only print copies with a hand-press. Even that was better than nothing; anything being preferable to lowering the flag in the heat of battle. But alas! fate is stronger than gods or men. I was foiled at the last moment, just as victory seemed within my grasp; how I forbear to explain, although the incidents of that eventful day would form an interesting chapter of my Autobiography. Enough copies were pulled to constitute a legal issue of the paper, and one of these is safely deposited in the British Museum; but none were printed for the market, and it was everywhere reported that the Freethinker was dead. Christian Evidence lecturers joyously announced the fact at their meetings, and Mr. Maloney ironically alluded to it in Court. I bore all these taunts with grim silence, which was at last broken, not by words, but by deeds. These people did not know that the Freethinker, like the founder of their faith, had disappeared one week only to reappear the next. With the aid of Mr. Ramsey, who again stood by our side, we succeeded in restoring our paper to the light of day. Type was purchased, compositors were engaged, and a little shop was taken in Harp Alley. The Freethinker for July 30 struck astonishment into the souls of those who had rejoiced over its death when they saw no Freethinker for July 23. From that moment our issue was never once suspended, although we had some desperate close shaves.

In the number for August 6, as I could not get our machiner to print any Comic Bible Sketches just then, I published a serious one, reproduced from an old Dutch Bible of 1669. It represented Moses obtaining a panoramic view of Jehovah's back parts. Below the text I inserted the following notice: "As the bigots object to our Comic Bible Sketches, we shall publish a few Serious Bible Sketches, copied accurately from old Bibles of the ages of faith, to show what the Christians have done themselves in the way of familiar interpretation. We hope the bigots will like the change." By the next week, however, I had overcome our machiner's scruples, and the Comic Bible Sketches were resumed and continued up to the day of my imprisonment.

My attitude towards the prosecution is amply expressed by these facts, but a few words from my pen at that time may not be altogether superfluous. In an article entitled "Crucify Him!" in the Freethinker of August 6, 1882, I wrote:

"We are charged with blasphemy, and so was Jesus Christ. What

a grim joke it will be if the Freethinker is found guilty and

punished for the same crime as the preacher of the Sermon on

the Mount! Truly adversity makes us acquainted with strange

bedfellows.

"Yet, whatever happens, we will not quail. We will not vapor

about legions of angels, but trust in the living legions of

Freethought. We will not yield to the weakness of an agony

and bloody sweat, nor pray that the cup may pass from us, nor

cry out that we are forsaken; for our sources of strength are

all within us, and cannot be taken away. We have a sense of

truth, a conviction of right, and a spirit of courage, caught

from the gallant men who fought before. Let the bigots do

their worst; they will not break our spirit nor extinguish our

cause. Let the Christian mob clamor as loudly as they can,

'Crucify him, crucify him!' They will not daunt us. We look

with prophetic eyes over all the tumult, and see in the distance

the radiant form of Liberty, bearing in her left hand the olive

branch and in her right hand the sword, the holy victress,

destined by treaty or conquest to bring the whole world under

her sway. And across all the din we hear her great rich voice,

banishing despair, inspiring hope, and infusing a joyous ardour

in every nerve."

From the first I was sure that the Freethought party would support those who were fighting its battle, and I was not deceived. The Freethinker Defence Fund was liberally subscribed to throughout the country, several working men putting by a few pence every week for the purpose; and as I travelled up and down on my lecturing tours I experienced everywhere the heartiest greetings. I saw that the party's blood was up, and that however it might ultimately fare with me, the battle would be fought to the bitter end.

Considerable controversy took place in the daily and weekly press. Professor W. A. Hunter contributed a timely letter to the Daily News, in which he described the Blasphemy Laws as "a weapon always ready to the hand of mischievous fools or designing knaves." Mr. G. J. Holyoake wrote in his usual vein of covert attack on Freethinkers in danger. Mrs. Besant joined in the fray anonymously, and a letter appeared also from my own pen. There were articles on the subject in the provincial newspapers, and amongst the London journals I must especially commend the Weekly Dispatch, which never wavered in faithfulness to its Liberal traditions, and stood firm in its censure of our prosecution from first to last, even when other journals turned from the path of religious liberty, proved traitors to their principles, and joined the bigots in their cry of "To prison, to prison!" against the obnoxious heretics.

For some time after this we pursued the even tenor of our way. Many of the wholesale newsagents, who had been frightened when our prosecution was initiated, regained confidence and resumed their orders. Early in October we removed from Harp Alley to 28 Stonecutter Street, which had just been vacated by the Freethought Publishing Company, and which has ever since been the publishing office of the Freethinker. About the same time I issued a pamphlet entitled "Blasphemy no Crime," a copy of which was sent to every newspaper in the United Kingdom. It traversed the whole field of discussion, and gave a brief history of past prosecutions for Blasphemy, as well as the principal facts of our own case. In November I announced the preparation of the second Christmas Number of the Freethinker, the publication for which I paid the penalty of twelve months' imprisonment. Before, however, I deal fully with that awful subject I will redeem my promise to inform my readers of the nature of our indictment, and what were the actual charges preferred against us by Sir Henry Tyler on behalf of the insulted universe.

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