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
"Certainly not," was the answer. Mr Bradlaugh bowed; the officer of
the Court moved forward to take him and Mrs Besant into custody; my
father gave me his pocket-book, and bade us follow him as far as we
were allowed. We had nearly reached the door when the Lord Chief
Justice spoke again. In milder tones he said: "On consideration, if you
will pledge yourselves unreservedly that there shall be no repetition
of the publication of the book, at all events until the Court of
Appeal shall have decided contrary to the verdict of the jury and our
judgment; if we can have that positive pledge, and you will enter into
your recognisances that you will not avail yourselves of the liberty
we extend to continue the publication of this book, which it is our
bounden duty to suppress, or do our utmost to suppress, we may stay
execution, but we can show no indulgence without such a pledge."
Mr Bradlaugh replied: "My lord, I meant to offer that pledge in the
fullest and most unreserved sense, because, although I have my own view
as to what is right, I also recognise that the law having pronounced
sentence, that is quite another matter so far as I, as a citizen, am
concerned. I do not wish to ask your lordship a favour without yielding
to the Court during the time that I take advantage of its indulgence."
My father added that he wished it to be quite clear that he only
pledged himself to stop the circulation of the book until the decision
of the Court of Error. The Judge was satisfied with this assurance,
although the Solicitor-General was not, and Mr Bradlaugh and Mrs Besant
were liberated on their own recognisances of £100 each.
This "on consideration" of the Lord Chief Justice entirely changed the
course of events. In the following February (1878) the case was argued
in the Court of Appeal before the Lords Justices Bramwell, Brett, and
Cotton, who in a very elaborate judgment gave their decision in favour
of Mr Bradlaugh and Mrs Besant; and the indictment was quashed on the
ground that the words relied upon by the prosecution as proving their
case ought to have been expressly set out. Two American cases brought
forward by the Solicitor-General before the Lord Chief Justice as
against Mr Bradlaugh's argument were regarded by the Lord Justices
of Appeal as of no weight; while any value they might have had was
absolutely in favour of the defendants.
Public-domain text, read in full here on John Shaqi.
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