Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
Religion
Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
"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."
Public-domain text, read in full here on John Shaqi.
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