Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
History
Charles Bradlaugh: a Record of His Life and Work, Volume 1 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
Mr Bradlaugh was not the man to remain content with such an
unsatisfactory verdict, and accordingly he moved for a new trial.
The motion was heard in the Court of Common Pleas, Westminster, on
November 4th and 5th of the same year, before the Lord Chief Justice,
Sir William Erle, and the Justices Williams, Byles, and Keating.
Mr Bradlaugh asked for a new trial on the grounds of misdirection,
improper rejection of evidence tendered by the plaintiff, improper
reception of evidence tendered by the defendant; and that the verdict
was a perverse one and against evidence. After reciting the course of
the trial at Exeter, he pointed out that in that trial he "laboured
under a double disadvantage, not only in having all the jury selected
from the county [of Devon], where there was great feeling existing in
the matter, but that they were selected from among men who had to pay
the costs in the action,[64] and who would have to pay further damages
and costs if in my favour, which a verdict of the jury would have given
me."
[Footnote 64: This refers to the decision of the Devonport Town
Council.]
After a lengthy discussion, in which all the judges took active part,
the Lord Chief Justice said that they would consult "brother Channell"
before they gave their answer.
Judgment was given the following day. The rule was refused, and the
plaintiff insulted. Said Lord Chief Justice Erle--
"I know not in the least what are the opinions of the plaintiff that
he was bent upon publishing; all that I am certain of is that there
are opinions which are most pernicious. There are opinions which are
in law a crime, and which every man ought--that is, every man of sound
sense and generally esteemed of sound sense, would generally consider
to be wrong. I do not know what these opinions are, but there are such
opinions. If the plaintiff wanted to use his liberty for the purpose
of disseminating opinions which were in reality of that pernicious
description, and the defendant prevented him from doing that which
might be a very pernicious act to those who heard him, and if the
estimate I have mentioned be the true one, might be a matter he might
afterwards deeply regret, it might be that the jury thought the act of
imprisonment of the plaintiff under such circumstances was in reality
not an injury for which a large money compensation ought to be paid,
but on the contrary was an act which in its real substantial result
was beneficial to the plaintiff, and so the nominal wrong would be
abundantly compensated by the small sum given."[65]
[Footnote 65: Shorthand report.]
The other judges concurred with their leader, Mr Justice Keating
making a yet further addition to the remarkable record of intolerant
utterances in this case.
Public-domain text, read in full here on John Shaqi.
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