Prisoner for Blasphemy Part 4

There were many reasons why I did not wish to be tried at the Old Bailey. First, it is an ordinary criminal court, with all the vulgar characteristics of such places: swarms of loud policemen, crowds of chattering witnesses, prison-warders bent on recognising old offenders, ushers who look soured by long familiarity with crime, clerks who gabble over indictments with the voice and manner of a town-crier, barristers in and out of work, some caressing a brief and some awaiting one; and a large sprinkling of idle persons, curious after a fresh sensation and eager to gratify a morbid appet.i.te for the horrible. How could the greatest orator hope to overcome the difficulties presented by such surroundings? The most magnificent speech would be shorn of its splendor, the most powerful robbed of more than half its due effect.

In the next place, I should have to appear in the dock, and address the jury from a position which seems to require an apology in itself. And, further, that jury would be a common one, consisting almost entirely of small tradesmen, the very worst cla.s.s to try such an indictment.

For these and other reasons I resolved to obtain, if possible, a _certiorari_ to remove our Indictment to the Court of Queen's Bench; and as the first Indictment had been so removed, I did not antic.i.p.ate any serious difficulty. On Monday, February 19, after travelling by the night train from Plymouth, where I had delivered three lectures the day before, I applied before Justices Manisty and Matthew, who granted me a rule _nisi_. But on the Sat.u.r.day Sir Hardinge Giffard moved that the rule should be taken out of its order in the Crown Paper, and argued on the following Tuesday. Seeing that the Court was determined to a.s.sist him, I acquiesced in the motion rather than waste my time in futile obstruction. On Tuesday, February 27, Sir Hardinge Giffard duly appeared, supported by two junior counsel, Mr. Poland and Mr. F. Lewis.

The judges, as on the previous Sat.u.r.day, were Baron Huddleston and Mr.

Justice North. The former displayed the intensest bigotry and prejudice, and the latter all that flippant insolence which he subsequently displayed at my trial, and which appears to be an inseparable part of his character. When, for instance, I ventured to correct Sir Hardinge Giffard on a mere matter of fact, as is quite customary in such cases; when I sought to point out that the Indictment already removed included Mr. Ramsey and myself, and not Mr. Bradlaugh only; Justice North stopped me with "Not a word, sir, not a word."

Sir Hardinge Giffard made a very short speech, knowing that such judges did not require much persuasion. He moved that the rule _nisi_ should be discharged; put in a copy of the Christmas Number of the _Freethinker_, which he described as a gross and intentional outrage on the religious feelings of the public; alleged, as was perfectly true, that it was still being sold; and urged that the case was one that should be sent for trial at once.

My reply was longer. After claiming the indulgence of the Court for having to appear in person, owing to my purse being shorter than the London Corporation's, I laid before their lords.h.i.+ps my reasons for asking them to make the rule absolute. I argued that, as a press offence, our case was eminently one for a special jury; that the law of blasphemy, which had not been interpreted for a generation, was very indefinite, and a common jury might be easily misled; that as contradictory statements of the common law existed, it was highly advisable to have an authoritative judgment in a superior Court; that grave questions as to the relations of the statute and the common law might also arise; that it was manifestly unfair, while a sweeping Indictment for blasphemy was removed to a higher Court, that I should be compelled to plead in a lower Court on a similar charge; and that it was unjust to try our case at the Old Bailey when the City Corporation was prosecuting us.

To none of these reasons, however, did their lords.h.i.+ps vouchsafe a reply or extend a consideration. Baron Huddleston simply held the Christmas Number of the _Freethinker_ up in Court, and declared that no sane man could deny that it was a blasphemous libel--a contumelious reproach on our Blessed Savior. But that was not the point at issue. Whether the prosecuted publication was a blasphemous libel or not, was a question for the jury at the proper time and in the proper place. All Baron Huddleston was concerned with was whether a fairer trial might be obtained in a higher Court than in a lower one, and before a special jury than before a common one. That question he never touched, and the one he did touch he was bound by legal and moral rules not to deal with at all.

Justice North briefly concurred with his learned brother, and refrained from adding anything because he would probably have to try the case at the Old Bailey himself. What a pity he did not reflect on the injustice of publicly branding as blasphemous the very men he was going to try for blasphemy within forty-eight hours!

The next morning, February 29, Mr. Ramsey, Mr. Kemp and I duly appeared at the Old Bailey. Before the regular business commenced, I asked his lords.h.i.+p (it was indeed Justice North) to postpone our trial until the next sessions, on the ground that, as my application for a _certiorari_ was only decided the day before, there had been no time to prepare an adequate defence. His lords.h.i.+p refused to grant us an hour for that absurd purpose. Directly I sat down Mr. Poland arose, and begged that our trial might be deferred until the morrow, as his leader, Sir Hardinge Giffard, was obliged to attend elsewhere. This request was granted with a gracious smile and a bland, "Of course, Mr. Poland." What a spectacle! An English judge refusing a fellow-citizen a single hour for the defence of his liberty and perhaps his life, and granting a delay of twenty-four hours to enable a brother lawyer to earn his fee!

I spent the rest of that day in preparations for the morrow--writing out directions for Mr. Wheeler in case I should be sent to prison, arranging books and doc.u.ments, and leaving messages with various friends; and I sat far into the night putting together finally the notes for my defence. I was quite cool and collected; I neglected nothing I had time for, and I was dead asleep five minutes after I laid my head on the pillow. Only for a moment was I even perturbed. It was when I was giving Mr. Wheeler his last instructions. Pointing to my book-shelves, I said: "Now, Joe, remember that if Mrs. Foote has any need, or if there should ever be a hitch with the paper, you are to sell my books--all of them if necessary." A great sob shook my friend from head to foot. The bitter truth seemed to strike him with startling force. Imprisonment, and all it involved, was no longer a dim possibility: it was a grim reality that might have to be faced to-morrow. "Tut, tut, Joe!" I said, grasping his arm and laughing. But the laugh was half a failure, and there was a suspicious moisture in my eyes, which I turned my face away to conceal.

During the day I had a last interview with Mr. Bradlaugh and Mrs. Besant at 63 Fleet Street. Mr. Bradlaugh told me he could find no flaw in our Indictment, and his air was that of a man who sees no hope, but is reluctant to say so. Mrs. Besant was full of quiet sympathy, proffering this and that kindness, and showing how much her heart was greater than her opportunity of a.s.sistance.

In the evening I attended the monthly Council meeting of the National Secular Society. Mr. Ramsey was also present. We both expressed our belief that we should not meet our fellow-councillors again for some time, and solemnly wished them good-bye, with a hope that, if we were sent to prison, they would seize the opportunity, and initiate an agitation against the Blasphemy Laws. I then drove home, and finished the notes for my defence.

Early the next morning I was at 28 Stonecutter Street. Being apprehensive of a fine as well as imprisonment, I made hasty arrangements for removing the whole of the printing plant to some empty rooms in a private house. Mr. A. Hilditch was the friend on whom I relied in this emergency; and I am indebted to him for aid in many other difficulties arising from my prosecution. My foreman printer, Mr. A.

Watkin, superintended the removal. By the evening not a particle of our plant remained at the office. Mr. Watkin stuck loyally to his duty during my long absence, and on my return I found how much the _Freethinker_ owed to his una.s.suming devotion.

One ordeal was left. I had to say good-bye to my wife. It was a dreadful moment. Reticence is wisdom in such cases. I will not inflict sentiment on the reader, and I was never given to wearing my heart upon my sleeve.

Let it suffice that I fought down even the last weakness. When I stepped into the Old Bailey dock I was calm and collected. All my energies were strung for one task--the defence of my own liberty and of the rights of Freethought.

That very morning the _Freethinker_ appeared with its usual ill.u.s.tration. It was the last number I edited for twelve months. My final article was ent.i.tled, "No Surrender," and I venture to quote it in full, as exhibiting my att.i.tude towards the prosecution within the shadow of the prison walls:--

"The City Corporation is lavishly spending other people's money in its attempt to put down the _Freethinker_. Sir Thomas Nelson is keeping the pot boiling. He employs Sir Hardinge Giffard and a tail of juniors in Court, and half the detectives of London outside. These surrept.i.tious gentleman, who ought to be engaged in detecting crime, are busily occupied in purchasing the _Freethinker_, waylaying newsvendors' messengers, intimidating shopkeepers, and serving notices on the defendants. What money, unscrupulously obtained and unscrupulously expended, can do is being done. But there is one thing it cannot do. It cannot damp our courage or alienate the sympathy of our friends.

"There is evidently a widespread conspiracy against us. We have to stand on trial at the Old Bailey in company with rogues, thieves, burglars, murderers, and other products of Christian civilisation. The company is not very agreeable, but then Jesus himself was crucified between two thieves. No doubt the Jews thought him the worst of the three, just as pious Christians will think us worse than the vilest criminal at the Old Bailey; but posterity has reversed the judgment on him, and it will as certainly reverse the judgment on us.

"If a jury should give a verdict against us, which we trust it will not, the prosecutors will probably strike again at some other Freethought publication. The appet.i.te for persecution grows by what it feeds on, and demands sacrifice after sacrifice until it is checked by the aroused spirit of humanity. After a sleep of twenty-five years the great beast has roused itself, and it may do considerable damage before it is driven back into its lair. We may witness a repet.i.tion of the scenes of fifty and sixty years ago, when scores of brave men and women faced fine and imprisonment for Freethought, tired out the very malice of their persecutors; and made the Blasphemy Laws a dead letter for a whole generation. May our victory be as great as theirs, even if our sufferings be less.

"But will they be less? Who knows? They may even be greater.

Christian charity has grown so cold-blooded in its vindictiveness since the 'pioneer days' that blasphemers are treated like beasts rather than men. There is a certain callous refinement in the punishment awarded to heretics to-day. Richard Carlile, and other heroes of the struggle for a free press, were mostly treated as first-cla.s.s misdemeanants; they saw their friends when they liked, had whatever fare they could paid for, were allowed the free use of books and writing materials, and could even edit their papers from gaol. All that is changed now.

A 'blasphemer' who is sent to prison now gets a month of Cross's plank-bed, is obliged to subsist on the miserable prison fare, is dressed in the prison garb, is compelled to submit to every kind of physical indignity, is shut out from all communication with his relatives or friends except for one visit during the second three months, is denied the use of pen and ink, and debarred from all reading except the blessed Book.

England and Russia are the only countries in Europe that make no distinction between press offenders and ordinary criminals.

The brutal treatment which was meted out to Mr. Truelove in his seventieth year, when his grey hairs should have been his protection, is what the outspoken sceptic must be prepared to face. After eighteen centuries of Christianity, and an interminable procession of Christian 'evidences,' such is the reply of orthodoxy to the challenge of its critics.

"These things, however, cannot terrorise us. We are prepared to stand by our principles at all hazard. Our motto is No Surrender. What we might concede to criticism we will never yield to menace. The _Freethinker_, we repeat again, will go on whatever be the result of the present trial. The flag will not fall because one standard-bearer is stricken down; it will be kept flying proudly and bravely as of old--shot-torn and blood-stained perhaps, but flying, flying, flying!"

Let me now pause to say a few words about our Indictment. It was framed on the model of the one I have already described charging us with being wicked and profane persons, instigated by the Devil to publish certain blasphemous libels in the Christmas Number of the _Freethinker_, to the danger of the Queen's Crown and dignity and the public peace, and to the great displeasure of Almighty G.o.d. The various "blasphemies" were set forth in full, and my readers shall know what they were.

Mr. Wheeler's comic "Trial for Blasphemy" was one of the pieces.

Matthew, Mark, Luke and John were accused of blasphemy in the Court of Common Sense. They were charged with publis.h.i.+ng all the absurdities in the four gospels, and in especial with stating that a certain young Jew was G.o.d Almighty himself. After the citation and examination of many witnesses, Mr. Smart, Q.C., urged upon the jury that there was absolutely no evidence against the prisoners. It was perfectly clear that they were not the authors of the libels; their names had been used without their knowledge or sanction; and he confidently appealed to the jury for a verdict of Not Guilty. "After a brief consultation,"

concluded this clever skit, "the jury, who had carefully examined the doc.u.ments, were of opinion that there was nothing to prove that the prisoners wrote the libels complained of. A verdict of acquittal was accordingly entered, and the prisoners were discharged."

Now, every person acquainted with Biblical criticism knows that Mr.

Wheeler simply put the conclusions of nearly all reputable scholars in a bright, satirical way; and a century hence people will be astonished to learn that such a piece of defensible irony, every line of which might be justified by tons of learning, was included in an indictment for blasphemy, and considered heinous enough to merit severe punishment.

There were a few lines of verse picked out of long poems, and violently forced from their context; and also a few facetious "Answers to Correspondents," mangled in the same way. Certainly any publication could be condemned on this plan. The Bible itself might be proved an obscene book.

Then came eighteen ill.u.s.trations, ent.i.tled "A New Life of Christ." All the chief miracles of his career were satirised, but not a single human incident was made the subject of ridicule. Now, if _miracles_ are not objects of satire, I should like to know what are. If they never happened, why should they enjoy more respect and protection than other delusions? Why should one man be allowed to deny miracles, and another man imprisoned for laughing at them? Must we regard long-faced scepticism as permissible heresy, and broad-faced scepticism as punishable blasphemy? And if so, why not set up a similar distinction between long and broad faces in every other department of thought? Why not let _Punch_ and _Fun_ be suppressed, political cartoons be Anathema, and social satire a felony?

Another ill.u.s.tration was called "A Back View." It represented Moses enjoying a panoramic view of Jahveh's "back parts." Judge North did his dirty worst to misrepresent this picture, and perhaps it was he who induced the Home Secretary to believe that our publication was "obscene." In reality the obscenity is in the Bible. The writer of Exodus contemplated sheer nudity, but the _Freethinker_ dressed Jahveh in accordance with the more decent customs of the age of reason. I would cite on this point the judgment of Mr. Moncure D. Conway, the famous minister of South Place Chapel. He expressed himself as follows in a discourse on Blasphemous Libel immediately after our imprisonment, since published in "Lessons for the Day":--

"The prosecutor described the libels as 'indecent,' an ambiguous word which might convey to the public an impression that there was something obscene about the pictures or language, which is not the fact. The coa.r.s.est picture is a sidewise view of a giant's form, in laborer's garb, the upper and lower part veiled by a cloud. Only when one knows that the figure is meant for Jahveh could any shock be felt. The worst sense of the word 'indecent' was accentuated by the prosecutor's saying that the libels were too bad for him to describe.

In this way they were withheld from the public intelligence while exaggerated to its imagination. The fact under this is that some bigots wished to punish some Atheists, but could only single them out beside eminent men equally guilty, and forestall public sympathy by pretending they had committed a libel partly obscene. This is not English."

Frederick the Great, being a king, was a privileged blasphemer. In some unquotable verses written after the battle of Rossbach, where he routed the French and drove them off the field pell-mell, he sings, as Carlyle says, "with a wild burst of spiritual enthusiasm, the charms of the rearward part of certain men; and what a royal ecstatic felicity there is in indisputable survey of the same." "He rises," adds Carlyle, "to the heights of Anti-Biblical profanity, quoting Moses on the Hill of Vision." To Soubise and Company the poet of Potsdam sings--

"Je vous ai vu comme Moise Dans des ronces en certain lieu Eut l'honneur de voir Dieu."

Frederick's verse is halting enough, but it has "a certain heartiness and epic greatness of cynicism"; and so his biographer continues justifying this royal outburst of racy profanity with Rabelaisian gusto. I dare not follow him; but I am anxious to know why Carlyle's "Frederick" circulates with impunity and even applause, while the _Freethinker_ is condemned and denounced. Judge North may be ignorant of Carlyle's masterpiece, but I can hardly presume the same ignorance in Sir William Harcourt. He probably sinned against a greater light. Few worse outrages on public decency have been committed than his describing my publication as not only blasphemous, but obscene. And the circ.u.mstances in which this slander was perpetrated served to heighten its criminality.

CHAPTER VII. AT THE OLD BAILEY.

"George William Foote, William James Ramsey, and Henry Arthur Kemp,"

cried the Clerk of the Court at the Old Bailey. It was Thursday morning, March 1, 1883, and as we stepped into the dock the clock registered five minutes past ten. We were provided with chairs, and there were pens and ink on the narrow ledge before us. It was not large enough, however, to hold all my books, some of which had to be deposited on the floor, and fished up as I required them. Behind us stood two or three Newgate warders, who took quite a benevolent interest in our case. Over their heads was a gallery crammed with sympathisers, and many more were seated in the body of the court. Mr. Wheeler occupied a seat just below me, in readiness to convey any messages or hand me anything I might require.

Between us and the judge were several rows of seats, all occupied by gentlemen in wigs, eager to follow such an unusual case as ours. Sir Hardinge Giffard lounged back with a well-practised air of superiority to the legal small-fry around him, and near him sat Mr. Poland and Mr.

Lewis, who were also retained by the prosecution. Justice North was huddled in a raised chair on the bench, and owing perhaps to the unfortunate structure of the article, it seemed as though he was being shot out every time he leaned forward. His countenance was by no means a.s.suring to the "prisoners." He smiled knowingly to Sir Hardinge Giffard, and treated us with an insolent stare. Watching him closely through my eye-gla.s.s, I read my fate so far as he could decide it. His air was that of a man intent on peremptorily settling a troublesome piece of business; his strongest characteristic seemed infallibility, and his chief expression omniscience. I saw at once that we should soon fall foul of each other, as in fact we did in less than ten minutes. My comportment was unusual in the Old Bailey dock; I did not look timid or supplicating or depressed; I simply bore myself as though I were doing my accustomed work. That was my first offence. Then I dared to defend myself, which was a greater offence still; for his lords.h.i.+p had not only made up his mind that I was guilty, but resolved to play the part of prosecuting counsel. We were bound to clash, and, if I am not mistaken, we exchanged glances of defiance almost as soon as we faced each other.

His look said "I will convict you," and mine answered "We shall see."

Sir Hardinge Giffard's speech in opening the case for the prosecution was brief, but remarkably astute. He troubled himself very little about the law of Blasphemy, although the jury had probably never heard of it before. He simply appealed to their prejudices. He spoke with bated breath of our ridiculing "the most awful mysteries of the Christian faith." He described our letterpress as an "outrage on the feelings of a Christian community," which he would not shock public decency by reading; and our woodcuts as "the grossest and most disgusting caricatures." And then, to catch any juryman who might not be a Christian, though perhaps a Theist, he declared that our blasphemous libels would "grieve the conscience of any sincere wors.h.i.+pper of the great G.o.d above us." This appeal was made with uplifted forefinger, pointing to where that being might be supposed to reside, which I inferred was near the ceiling. Sir Hardinge Giffard finally resumed his seat with a look of subdued horror on his wintry face. He tried to appear exhausted by his dreadful task, so profound was the emotion excited even in his callous mind by our appalling wickedness. It was well acted, and must, I fancy, have been well rehea.r.s.ed. Yes, Sir Hardinge Giffard is decidedly clever. It is not accident that has made him legal scavenger for all the bigots in England.

Mr. Poland and Mr. Lewis then adduced the evidence against us. I need not describe their performance. It occupied almost two hours, and it was nearly one o'clock when I rose to address the jury. That would have been a convenient time for lunch, but his lords.h.i.+p told me I had better go on till the usual hour. As I had only been speaking about thirty minutes when we did adjourn for lunch, I infer that his lords.h.i.+p was not unwilling to spoil my defence. How different was the action of Lord Coleridge when he presided at our third trial in the Court of Queen's Bench! The case for the prosecution closed at one o'clock, exactly as it did on our first trial at the Old Bailey. But the Lord Chief Justice of England, with the instinct of a gentleman and the consideration of a just judge, did not need to be reminded that an adjournment in half an hour would make an awkward break in our defence. Without any motion on our part, he said: "If you would rather take your luncheon first, before addressing the jury, do so by all means." Mr. Ramsey, who preceded me then, had just risen to read his address. After a double experience of Judge North, and two months' imprisonment like a common thief under his sentence, he was fairly staggered by Lord Coleridge's kindly proposal, and I confess I fully shared his emotion.

Sir Hardinge Giffard had grossly misled the jury on one point. He told them that even in "our great Indian dominions, where Christianity was by no means the creed of the majority of the population, it had been found necessary to protect the freedom of conscience and the right of every man to hold his own faith, by making criminal offenders of those who, for outrage and insult, thought it necessary to issue contumelious or scornful publications concerning any religious sect." In reply to this absolute falsehood, I pointed out that the Indian law did not affect publications at all, but simply punished people for openly desecrating sacred places or railing at any sect in the public thoroughfare, on the ground that such conduct tended to a breach of the peace; and that under the very same law members of the Salvation Army had been arrested and imprisoned because they persisted in walking in procession through the streets. Under the Indian law, no prosecution of the _Freethinker_ could have been initiated; and, in support of this statement, I proceeded to quote from a letter by Professor W. A. Hunter, in the _Daily News_.

Judge North doubtless knew that I could cite no higher authority, and seeing how badly his friend Sir Hardinge was faring, he prudently came to his a.s.sistance. Interrupting me very uncivilly, he inquired what Professor Hunter's letter had to do with the subject, and remarked that the jury had nothing to do with the law of India. "Then, my lord," I retorted, "I will discontinue my remarks on this point, only expressing my regret that the learned counsel should have thought it necessary to occupy the time of the court with it." Whereat there was much laughter, and his lords.h.i.+p's face was covered with an angry flush.

Later in my address I had a long altercation with his lords.h.i.+p. I wanted to show the jury that such heresy as I had published in the _Freethinker_ abounded in high-cla.s.s publications, but Justice North endeavoured (vainly enough) to prevent me. The verbatim report of what occurred is so rich that I give it here instead of a summary version:

"Now, gentlemen, I told you before that one of the reasons, in my opinion, why the present prosecution was commenced, was that the alleged blasphemous libels were published in a cheap paper, and I asked you to bear in mind that there was plenty of heresy in expensive books, published at 10s., 12s., and even as much as L1 and more. I think I have a right to ask that you should have some proof of this statement. I think I can show you that similar views are expressed by the leading writers of to-day--not, perhaps, in precisely the same language-- for it is not to be expected that the paper which is addressed to the many will be conducted on just the same level, either intellectually or aesthetically speaking, as a publication, in the form of an expensive book, which is only intended for men of education, intelligence and leisure; but such views are put before the public by the most prominent writers of the day.

You will, of course, expect to find differences in the mode of expression, and as a matter of course, differences of taste; but I submit that differences of taste affect the question very little unless, as I have said, they actually lead to breaches of the peace. But in a case like this there ought to be no distinction on grounds of taste. Surely the man who says a thing in one way is not to be punished, while the man who says the same thing in another way is to go scot free. You cannot make a distinction between men on grounds of taste. I can imagine that if there were a parliament of aesthetic gentlemen, and Mr. Oscar Wilde were made Prime Minister, some such arrangement as that would find weight before the jury; but, in the present state of enlightened opinion, I do not think that any such arrangement would be accepted by you. Now, gentleman, I shall call your attention first of all to a book which is published by no less a firm than the old and well-established house of Longmans. The author of the book----

Mr. Justice North: What is the name of the book?

Mr. Foote: The book is the 'Autobiography of John Stuart Mill.'