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
[Footnote 155: Formally, Newdegate was bound to pay Bradlaugh's costs
if Bradlaugh won, but had the fact of the maintenance never come out,
it would have been an easy matter for Clarke to become bankrupt,
and leave Bradlaugh no redress, while he himself could be privately
reimbursed by Newdegate.]
The case ended oddly. The jury, after being locked up for nearly an
hour, intimated that they were not likely to agree; and the judge
asked whether a majority verdict would be accepted. Bradlaugh offered
to do so, but Newdegate's counsel declined. After nearly an hour
more, however, the jury agreed on their verdict; and it was for the
plaintiff, Clarke. It was understood that they had agreed to give their
verdict by majority. Bradlaugh tersely remarked in his journal: "The
ultimate verdict a little disappointed me: I had thought that I had
won." Certainly the judge's summing-up had seemed to be in his favour.
As usual, he appealed. Like Ben Bolt in the novel, he was "bad to
beat." He appealed for a new trial, on the ground that the verdict was
"against the weight of the evidence." But that was not all. Newdegate,
having confessed giving a bond of indemnity to Clarke, had laid
himself open to a return action, under a form of law, for the offence
of "maintenance;" so on 27th July Bradlaugh accompanied Mr (now Sir)
George Lewis, the famous solicitor, to Bow Street Police Court, where
Mr Lewis moved for a summons against Newdegate, and another against his
solicitor as accessory. The magistrate, Mr Flowers, was somewhat taken
aback. "Is it not rather----" he began. "Yes," said Mr Lewis promptly;
"and so is the action against Mr Bradlaugh. Mr Newdegate asks for
strict law against Mr Bradlaugh, who now asks in return that strict law
may also be enforced against Mr Newdegate." The summonses were granted.
Next day, 28th July, and on 1st August, Bradlaugh argued before
Justices Grove and Lindley his motion for a new trial on the question
of time in the Clarke case. Finally (8th August), after a request from
the Court for affidavits had been followed by an extremely improper
step on the part of Newdegate's solicitor, who actually sent some
affidavits privately to Mr Justice Grove's house, the Judges gave a
rule _nisi_ for a new trial on the ground urged. This rule could not be
argued till November, and if it were then made absolute the new trial
could not take place till after Christmas, so that Newdegate was once
more intercepted. The criminal summonses, on the other hand, did not
come on till 20th September, for reasons which will appear in the next
section, and when heard were dismissed by the magistrate, Mr Vaughan.
Public-domain text, read in full here on John Shaqi.
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