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CHAPTER II.
MRS BESANT

In 1874 Mr Bradlaugh lost a friend and gained one. Between himself and the friend he lost the tie had endured through nearly five-and-twenty years, of which the final fourteen had been passed in the closest friendship and communion, tarnished neither by quarrel nor mistrust. By the death of Austin Holyoake my father lost a trusty counsellor and loyal co-worker, and the Freethought movement lost one who for fully twenty years had served it with that earnest fidelity, high moral courage, and unimpeachable integrity which were amongst his most striking characteristics. In health and in sickness he toiled incessantly to promote the interests of the cause he had at heart, and at no time of his life did he shrink from duty or responsibility.

Austin Holyoake died in the spring of 1874, and was buried in Highgate Cemetery in the presence of a great crowd of sorrowing friends. Just before his death he dictated his "Sickroom Thoughts" to his wife, uttering the last broken paragraph only a few hours before he died. For three years he had known that death was near, and this final statement of his opinions on death and immortality was purposely deferred until the last moment he deemed it prudent, so that he might leave a record of his last deliberate opinions, and as such these "Thoughts" provoked very considerable comment.⁴

Austin Holyoake, like his friend, lived and died a poor man, and my father pledged himself to him on his deathbed to raise a sum of £650 to purchase the printing and publishing business hitherto conducted by Mr Holyoake in the interests of Freethought literature. The money raised was to benefit the widow and the two children, and the business was to be handed over to Mr Charles Watts. A subscription which was started realised rather less than £550, and the National Secular Society determined to make up the balance out of a legacy left to the President by a Dr Berwick. Unfortunately, however, Dr Berwick's trustee absconded with the money, and consequently, as Mr Bradlaugh had promised his dead friend that the sum of £650 should be raised, he paid the deficiency out of his own pocket, by weekly instalments.

Austin Holyoake, the friend Mr Bradlaugh lost, was steadfast, loyal, unassuming, and unswerving in his opinions; Mrs Annie Besant, the friend he gained, was even more remarkable, though in a very different way.

Having enrolled herself a member of the National Secular Society in August 1874, Mrs Besant sought Mr Bradlaugh's acquaintance. They were mutually attracted; and a friendship sprang up between them of so close a nature that had both been free it would undoubtedly have ended in marriage. In their common labours, in the risks and responsibilities jointly undertaken, their friendship grew and strengthened, and the insult and calumny heaped upon them only served to cement the bond.

This lasted for many years until Mrs Besant's ceaseless activity carried her into paths widely divergent from those so long trodden by her colleague, paths which brought her into close association with persons strongly inimical to Mr Bradlaugh and the aims to which he was devoting his life. For some time before he died, he had, as Mrs Besant herself has written in her recently published Autobiography,⁵ lost all confidence in her judgment; she had disappointed him, and it would be unworthy of both not to recognise that the disappointment was very bitter, though his desire to serve her and shield her always remained unchanged. For thirteen years she had stood upon the same platform with him; and when she one day said that for ten years she had been dissatisfied with her own teaching, he felt it very keenly, but he neither uttered a word of blame himself, nor would he allow any one else to blame her in his hearing.

Every movement, every cause, has its ebbs and flows; there seems to be only a certain amount of activity possible to men in the mass, and now it flows in one direction, now in another. The Freethought movement, when Mrs Besant came into it, had for some years been slowly but surely increasing in activity and prosperity. The National Secular Society, although not so complete an organisation as it was soon to become, was nevertheless to be found in all the great centres of population. The National Reformer, the representative organ of Freethought, in the five years which lay between 1867 and 1872 had nearly doubled its circulation, and was read in almost all parts of the world. It was sent to the three presidencies of India, the United States and Canada, New Zealand, Australia, the Cape of Good Hope, the West Indies, Egypt, France, Belgium, Italy, Spain, and Germany. On its staff there were several very able writers, and if it was not exactly a profitable property, it at least paid its way.

People have sometimes deliberately asserted that Mrs Besant's desertion and Mr Bradlaugh's death inflicted an irremediable injury on the cause of Freethought, but this is merely an assertion, and one which will not bear a moment's investigation. Happily for the human race, the growth of public opinion does not depend upon any single man or woman, however able, however energetic, he or she may be. The loss of a leader amongst men may for a moment check the onward movement, and it may be there is even a temporary reaction – a swing back – but never in the history of the world has the loss of one of its pioneers proved an "irremediable injury" to the cause of progress.

If indeed it should be thought, and it is a proposition that I am not in a position to deny, that this is a moment of ebb in the tide of Freethought, the fact would only be in harmony with the general tendency of the times, and would prove nothing against the ultimate acceptance of the truths of Materialism. The growth of population in our great cities has caused the evils of poverty to press more closely upon general attention, and the public energy is directed towards seeking a solution for these immediately important problems, rather than for those more abstract theorems arising out of religious speculation.

Mrs Besant was herself obeying this tendency when, in 1886 she thought she had found in the optimistic dreams of Socialism a remedy for this most bitter of human ills. This was the point upon which she first diverged from Mr Bradlaugh, and once having separated her thought from his, the breach swiftly widened. Socialism was, as it were, the fork in the Y of their lives. Nothing, I think, will show how far these two had drifted asunder more than that Mr Bradlaugh should first learn of Mrs Besant's adhesion to the Theosophical Society through an article written by her in a weekly paper, and not from her own lips.

Mrs Besant's first contribution to the National Reformer appeared in its issue for 30th August 1874, and with that she entered in good earnest upon the work which was to engross her for many years to come. Over the signature of "Ajax" she commenced a series of notes, entitled "Daybreak," which were to mark "the rising of the sun of liberty … when men should dare to think for themselves in theology, and act for themselves in politics," and these notes were continued weekly for several years. From August 1874 to April 1891 Mrs Besant remained connected with the National Reformer, first as contributor, and then as sub-editor, becoming shortly afterwards co-editor and co-proprietor. The co-editorship was resigned in October 1887 for reasons set forth by Mrs Besant in her Autobiography,⁶ and the co-proprietorship ceased with the dissolution of the partnership between herself and Mr Bradlaugh, in December 1890.

When my father heard Mrs Besant's first lecture in August 1874, in the Co-operative Society's Hall, Castle Street, upon the "Political Status of Women," it impressed him as "probably the best speech by a woman" he had ever listened to. It was not until the following year, however, that Mrs Besant started definitely as a lecturer upon the Freethought platform, but from that time forward she was indefatigable. She was very fluent, with a great command of language, and her voice carried well; her throat, weak at first, rapidly gained in strength, until she became a most forcible speaker. Tireless as a worker, she could both write and study longer without rest and respite than any other person I have known; and such was her power of concentration, that she could work under circumstances which would have confounded almost every other person. Though not an original thinker, she had a really wonderful power of absorbing the thoughts of others, of blending them, and of transmuting them into glowing language. Her industry her enthusiasm, and her eloquence made of her a very powerful ally to whatever cause she espoused.

Mrs Besant had been connected with the Freethought party for about two and a half years when an incident occurred which was destined to have considerable and lasting results. In the winter of 1876 a man, alleged to have an unpleasant reputation as a seller of indecent literature, was convicted at Bristol for selling a pamphlet, written by an American physician of repute, Dr Charles Knowlton. This pamphlet, entitled "Fruits of Philosophy: An Essay on the Population Question," had been on sale in England for forty years, and this was the first time it had been prosecuted. It had been openly sold by James Watson, a publisher of the highest repute, who had been dead only a short time; by Mr G. J. Holyoake; by Austin Holyoake up to the time of his death; and by others both in England and America. Mr Charles Watts had bought the plates of this and other works from the widow of James Watson, and, acting upon Mr Bradlaugh's advice, Mr Watts went to Bristol, and declared himself the responsible publisher of the book. He was himself arrested on 8th January 1877, and on 12th January was committed for trial at the Central Criminal Court. The trial was to be heard on 5th February, but before that day arrived Mr Watts came to the conclusion that the pamphlet was indefensible, and decided to withdraw his plea of "not guilty," and to plead "guilty" instead. Upon learning this, Mr Bradlaugh felt exceedingly angry. "If the pamphlet now prosecuted," he said, "had been brought to me for publication, I should probably have declined to publish it, not because of the subject-matter, but because I do not like its style.⁷ If I had once published it, I should have defended it until the very last." He was strongly of opinion that the matter ought to be fought right through; and differing so widely on a matter of principle with Mr Watts, he determined to sever all business connection with him. He gave his reasons for this course as follows: —

"The Knowlton pamphlet is either decent or indecent. If decent, it ought to be defended; if indecent, it should never have been published. To judge it indecent, is to condemn, with the most severe condemnation, James Watson, whom I respected, and Austin Holyoake, with whom I worked. I hold the work to be defensible, and I deny the right of any one to interfere with the full and free discussion of social questions affecting the happiness of the nation. The struggle for a free press has been one of the marks of the Freethought party throughout its history, and as long as the Party permits me to hold its flag, I will never voluntarily lower it. I have no right and no power to dictate to Mr Watts the course he should pursue, but I have the right and the duty to refuse to associate my name with a submission which is utterly repugnant to my nature and inconsistent with my whole career."

When Mr Watts' case came on for trial he pleaded "guilty," and was released, on his own recognisances of £500, to come up for judgment when called upon. It was contended at the trial that it was unlawful to publish such physiological details as were to be found in Dr Knowlton's pamphlet, even for a good purpose. Mr Bradlaugh and Mrs Besant (who had now entered into a formal partnership under the style of "The Freethought Publishing Company") determined to republish the pamphlet to test the right of publication.

A great deal was said at the time by way of blaming Mr Bradlaugh for allowing Mrs Besant to associate herself with him in this struggle, and of lauding Mrs Besant for her great courage in this defence. Many were the unworthy taunts cast at Mr Bradlaugh for "sheltering" himself "behind a woman," though not one of those who sneered stayed to reflect that even if this association had some advantages it also had distinct disadvantages. The gain was both to the principles involved, and to my father personally. To see a woman brave enough to stand by the side of a man in defence of the free publication of unpopular doctrines, was an incentive to the public to investigate those doctrines with a view to forming an independent judgment upon them; it was also an inspiration and a constant spur to the man – had he been the one to need spur or inspiration in such a cause. Mrs Besant's unwearying industry in working up the extra-legal side of the case, in hunting up in other works statements of physiological fact exactly similar to or stronger than those found in the prosecuted pamphlet, was invaluable. In the week which intervened between the verdict and the sentence on their own case, Mr Bradlaugh took the opportunity to express his appreciation of Mrs Besant's work, and this despite the fact that her decision to join in the defence was contrary to his wish and advice. He wrote: —

"I have often faced hard toil, but I have never had to encounter persistent, wearying, anxious labour greater than that of the last three months. And here – while my hand is yet free to pen these lines – let me record my deep sense of gratitude to the woman who has shared my fight, aided me by her help, encouraged me by her steadfastness, and strengthened me by her counsel. It is not alone the brilliant eloquence, patient endurance, and sustained effort manifested for so many hours in the Court – qualities displayed by Mrs Besant, which, coupled with her great tact, won repeated praise from the Lord Chief Justice, and congratulations from almost the whole of the barristers who crowded the Court – so much of Mrs Besant's work has been recorded by most of the press in terms of the highest laudation. The personal acknowledgment from myself is more due for the weeks of unrecognised but most wearying and continued drudgery in analysing a mass of scientific works, searching out authorities, and generally preparing the huge body of materials required for use on the trial. Few can appreciate the enormous labour involved in the careful analysis of medical works, and their comparison, line by line, with the Knowlton Pamphlet. Yet, without this labour, the defence would have been impossible."

The disadvantages of the dual defence were considerable, but they were known to very few, and were moreover purely personal. Upon Mr Bradlaugh lay the whole responsibility of the defence; his was the mind that planned it, and he had to conduct the fight, not merely for himself, but for the woman beside him; he had to consider two briefs instead of one, and as Mrs Besant was at that time totally unfamiliar with the procedure of the Law Courts, he had to instruct her, not only in the things it was desirable she should say, but also in those which were better left unsaid. He was but too well aware that Mrs Besant risked not alone imprisonment, but also the loss of her child; and in the event of failure, and the imprisonment of both himself and his colleague, the problem naturally presented itself, Who was to edit the National Reformer, and to look after the new business? Mr Watts' plea of "guilty," followed by Mr Bradlaugh's indignation, had for the moment produced considerable division amongst former friends, and there had been hardly time to reckon which were friends and which were foes. Nothing could better mark the extent of my father's difficulty than the fact that he had to hand over these onerous duties to us, his daughters, two girls fresh from a dreary country life, and hardly out of our teens. Hence, although he was justly proud that a woman whom he held in such esteem should stand by him publicly at such a moment, it increased his anxieties and his responsibilities enormously that Mrs Besant's risks were so heavy, and there was thus no trusty colleague free to undertake the burden of a weekly journal, and the drudgery of the management of the new publishing business.

Some at least of these difficulties were pointed out to Mrs Besant; friends besought her by every argument they could think of not to risk the loss of her child; but she had chosen her course, and she adhered to it in spite of all entreaties. And such is the irony of fate that she lost the society of her daughter for ten years, and was subjected to the grossest insult from Sir George Jessel, as Master of the Rolls, for defending doctrines she now repudiates.

CHAPTER III.
PROSECUTION OF MR BRADLAUGH AND MRS BESANT

On Friday, 23rd March, Mr Bradlaugh and Mrs Besant went together to the Guildhall, to deliver the earliest copy of the new edition of the Knowlton pamphlet to Mr Martin, the Chief Clerk, with a notice that they would personally attend, at a certain hour on the following day, to sell the pamphlet. Similar notices were left at the chief office of the Detective Department, and at the office of the City Solicitor. On Saturday afternoon Stonecutter Street was thronged with a crowd of persons anxious to purchase copies of the pamphlet from Mr Bradlaugh or Mrs Besant, and amongst these purchasers detectives were easily identified by Mr Bradlaugh's quick eye. A few days later the partners were arrested on a warrant – not served with a summons – and marched off to Bridewell, after a fruitless search for compromising literature had been made on the Stonecutter Street premises. From the Police Court, where Mrs Besant had to endure the indignity of being personally searched, they were conveyed to the Guildhall. Mr Alderman Figgins heard the charge, and remanded the case until the 17th of April.

A defence committee was formed, which soon included the names of many well-known men and women, both in England and abroad, and a fund was started to meet the expenses of the defence. The long lists of subscribers which appeared week by week in the columns of the National Reformer give unmistakable proof of the widespread sympathy.

When the further hearing of the case came on at the Guildhall, the prosecution was conducted by Mr Douglas Straight and Mr Mead, instructed by Mr Nelson, the City Solicitor. Mr Figgins was again the presiding magistrate, and there were several other aldermen on the Bench. At this hearing – which lasted a couple of days – Mr Straight offered to proceed against Mr Bradlaugh alone, letting the charge against Mrs Besant drop but to this the latter would on no account agree. At the conclusion they were liberated on their own recognisances, to appear at the Central Criminal Court on 7th May. The prospect of standing in the dock of the Old Bailey was not very alluring to my father, so he went to the Court of Queen's Bench and made an application to the Lord Chief Justice (Sir Alexander Cockburn) and Mr Justice Mellor for a writ of certiorari for the removal of the case to that Court, to be heard before a judge and a special jury. After some argument the Lord Chief Justice said: —

"If, upon looking at it [the pamphlet], we think its object is the legitimate one of promoting knowledge in 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 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 to 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."

Their Lordships took the book to consider on its own merits, and refused to read the evidence given at the Police Court. A few days later the writ was granted in the following words: —

"We," said the Lord Chief Justice, "have looked at the book which is the subject-matter of this 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. We think that is a question which will require to be decided by a judge, and, we think, by a special jury, and therefore there will be a writ of certiorari granted."

Mr Bradlaugh's recognisances for £400 for the costs of the prosecution were accepted. He regarded this granting of the writ by the judges, going hand in hand, as it were, with the very plain language of the Lord Chief Justice, as a most favourable sign; and on the matter of the recognisances Mrs Besant wrote: "They become as we go on small by degrees and beautifully less. We began by arrest on a warrant; from a warrant we passed to liberation on bail, four sureties and our own recognisances being required; from this we proceeded to liberation on our own recognisances only, and now we are free on Mr Bradlaugh's sole recognisance."

The name of the prosecutor had not yet transpired, though at the outset it was assumed that the city authorities were responsible for the proceedings, since at the first hearing before Mr Figgins the name of the City Solicitor had been mentioned, while at the second counsel appeared instructed by him. In May, however, the identity of the prosecutor had sunk into still greater obscurity, for on the 4th of that month Mr Nelson (the City Solicitor) declared in writing that "the Corporation of London has nothing and never has had anything to do with the prosecution." He further stated "in general terms" that the prosecution was instituted by the Police. When, however, Colonel James Fraser, the Commissioner of Police, was applied to, he evaded any direct answer by referring my father to the sworn "information," which of course only gave the name of the detective, Wm. Simmonds, who, as informer, had bought the pamphlet. Simmonds was formally asked if he were the responsible prosecutor, but he merely acknowledged the receipt of Mr Bradlaugh's letter. My father, on 11th May, applied to Mr Justice Lush, at Chambers, for the name of the responsible prosecutor, but while the judge expressed his opinion that he ought to know, he regretted that he had no power to help him.

At this time the public excitement was further increased by the action of the Government, which commenced to make seizures in the Post-Office of literature sent out from the Freethought Publishing Company's office. Not only were open book packets seized, but in some cases even sealed parcels were suspected of being tampered with.

Not merely was Knowlton's "Fruits of Philosophy" confiscated, but also copies of the "Freethinker's Text-book," and a pamphlet written by Mr Bradlaugh entitled "Jesus, Shelley, and Malthus," as well as a considerable number of copies of the National Reformer. Concurrently with this a raid was made upon the shop of that brave old man, Mr Edward Truelove, in High Holborn, and a large quantity of Robert Dale Owen's "Moral Physiology," as well as another pamphlet "Individual, Family, and National Poverty," were seized by persons representing the Society for the Suppression of Vice, who immediately commenced a prosecution against Mr Truelove.

In the last days of the month Mr Bradlaugh made an application to the Court to take the case at an early day; it was fixed for the 18th June, and shortly afterwards it became known that the Solicitor-General, Sir Hardinge Giffard, Q.C., M.P. (now Lord Halsbury) was chosen the leading counsel for the prosecutors – whoever they might be. Up to this point – the eve of one of those great forensic contests which marked various periods in Mr Bradlaugh's life – he felt that the press as a whole had not been unfair, although indeed there had been some journals coarse and foul in attack, usually on the ground of Mrs Besant's association with himself. As regards the issue of the struggle, he wrote that to predict the verdict would be worse than folly, though, "should the deliverance be against us," he urgently begged his friends to aid his daughters in keeping his journal afloat until he should be free to edit it again. Mrs Besant's descriptive accounts of the various preliminary legal proceedings are all written in a light, often jesting, vein; indeed, I am inclined to think that she hardly realised all the gravity of her situation; a true sense of the possibilities involved was perhaps somewhat obscured by the atmosphere of excitement and admiration in which she was living.

On the trial it was Mr Bradlaugh's object to show that the doctrine of the limitation of the family was to be found in many other works in general circulation dealing with economical questions; and that in medical works, many published at popular prices, and some specially intended for the use of young people, there were physiological descriptions set forth in identical or even stronger language. Amongst other witnesses Mr Bradlaugh subpœnaed Professor and Mrs Fawcett (to formally prove certain statements in Prof. Fawcett's book), Charles Darwin, the Rev. J. W. Horsley (Chaplain of the Clerkenwell House of Detention), and the Rev. S. D. Headlam – the two latter to give evidence as to overcrowding. Prof. Fawcett refused to take his subpœna, and declared he would send Mrs Fawcett out of the country rather than that she should appear as a witness in the case. A second attempt was made to induce him to take the subpœna in a friendly way, but he again refused, putting his hands behind his back so that the paper should not be surreptitiously put into them – of which he need have had no fear. Charles Darwin wrote his thanks for the courtesy of the notice, saying: —

"I have been for many years much out of health, and have been forced to give up all society or public meetings; and it would be great suffering to me to be a witness in Court. It is, indeed, not improbable that I may be unable to attend. Therefore, I hope that, if in your power, you will excuse my attendance… If it is not asking too great a favour, I should be greatly obliged if you would inform me what you decide, as apprehension of the coming exertion would prevent the rest which I require doing me much good."

As Mr Darwin was going away from home, he gave addresses where he might be found if he was wanted. But of course it was decided to manage without his evidence. Mr Horsley and Mr Headlam were both most courteous, and there was one volunteer witness whose help was invaluable – Mr H. G. Bohn, the founder of the well-known Bohn's Library. Dr Drysdale and Dr Alice Vickery also gave their assistance with the utmost cheerfulness. The trial was heard before the Lord Chief Justice, and extended over four days. The ability of the defence excited universal comment, and the masterly summing-up of the Judge was spoken of in the papers as being strongly in favour of Mr Bradlaugh and Mrs Besant. But in spite of defence and summing-up the jury, after an absence of an hour and a half, brought in the following verdict: "We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motives in publishing it."

The Lord Chief Justice instructed the jury that this was a verdict of guilty. The foreman bowed acquiescence. The Clerk asked if they found the defendants guilty upon the indictment. The foreman again bowed, and a verdict of guilty was recorded. Sentence was not pronounced immediately; it was postponed for a week. The jury, however, were by no means so decided at heart and so unanimous as the prompt bow of the foreman led one to believe. One of these twelve "wise men and true" applied to the Associate for £4, 4s. as payment for his attendance; two others returned each their guinea fee to be put down to the defence; one wrote that he did not agree with the verdict, subsequently stating that six of the jury did not intend to assent to a verdict of guilty, and that it had been arranged that if the Lord Chief Justice would not accept their special verdict they should again retire and consult. During the time they were locked in they discussed so loudly that they were heard outside, and their discussion was found to be by no means confined to the offence which they were supposed to be considering, as it included amongst other things the heretical views of the defendants.

On the 28th June Mr Bradlaugh and Mrs Besant attended the Court of Queen's Bench to receive judgment from the Lord Chief Justice and Mr Justice Mellor. My father had thought it likely that there might be a heavy fine, but unlikely that there would be any sentence of imprisonment. He drew £250 from the bank, and showed me the notes as he put them in his pocket-book, bidding me, in the event of a sentence of imprisonment, take the notes from him and pay them into the bank again; and my sister and I accompanied him and Mrs Besant into Court. The Solicitor-General opened by moving the Court for judgment; some discussion arose on the absence of the postea, and then Mr Bradlaugh submitted three propositions to the Court: (1) A motion to quash the indictment; (2) a motion for arrest of judgment; and (3) a motion for a new trial. But the Lord Chief Justice would neither consent to a new trial nor to a rule for an arrest of judgment; he left the decision as to quashing the indictment to the Court of Error, declining, however, to stay execution until error was determined. The arguments over these points took up the whole morning, and after luncheon the Solicitor-General, in order to influence the Judge in his sentence, brought forward two affidavits, one asserting that Mr Bradlaugh and Mrs Besant had continued to sell the pamphlet since the verdict, and the other stating that Mrs Besant, in a speech at the Hall of Science on the previous Sunday, had represented the Lord Chief Justice as being favourable to them, and the verdict as against his summing-up. Sir Alexander Cockburn was greatly incensed at the alleged reference to himself, and regarded the continued sale in the light of "a grave and aggravated offence." My father offered that if the Lord Chief Justice would stay proceedings until the writ of error was argued, he would pledge himself that no sort of advantage would be taken of the indulgence of the Court to continue the sale of the condemned book; but as yet the Judge was obdurate. "I think we must pass sentence," he said. "Have you anything to say in mitigation?"