Chapter 13

"The alterations made are very slight; the book was badly printed, and errors of spelling and a few clumsy grammatical expressions have been corrected; the sub-title has been changed, and in one case four lines have been omitted, because they are repeated word for word further on. We have, however, made some additions to the pamphlet, which are in all cases kept distinct from the original text. Physiology has made great strides during the past forty years, and not considering it right to circulate erroneous physiology, we submitted the pamphlet to a doctor in whose accurate knowledge we have the fullest confidence, and who is widely known in all parts of the world as the author of the "Elements of Social Science"; the notes signed "G.R." are written by this gentleman. References to other works are given in foot notes for the assistance of the reader, if he desires to study the subject further.

"Old Radicals will remember that Richard Carlile published a work entitled 'Every Woman's Book', which deals with the same subject, and advocates the same object, as Dr. Knowlton's pamphlet. E.D. Owen objected to the 'style and tone' of Carlile's 'Every Woman's Book' as not being 'in good taste', and he wrote his 'Moral Physiology', to do in America what Carlile's work was intended to do in England. This work of Carlile's was stigmatised as 'indecent' and 'immoral' because it advocated, as does Dr. Knowlton's, the use of preventive checks to population. In striving to carry on Carlile's work, we cannot expect to escape Carlile's reproach, but whether applauded or condemned we mean to carry it on, socially as well as politically and theologically.

"We believe, with the Rev. Mr. Malthus, that population has a tendency to increase faster than the means of existence, and that _some_ checks must therefore exercise control over population; the checks now exercised are semi-starvation and preventible disease; the enormous mortality among the infants of the poor is one of the checks which now keeps down the population. The checks that ought to control population are scientific, and it is these which we advocate. We think it more moral to prevent the conception of children, than, after they are born, to murder them by want of food, air, and clothing. We advocate scientific checks to population, because, so long as poor men have large families, pauperism is a necessity, and from pauperism grow crime and disease. The wage which would support the parents and two or three children in comfort and decency is utterly insufficient to maintain a family of twelve or fourteen, and we consider it a crime to bring into the world human beings doomed to misery or to premature death. It is not only the hand-working classes which are concerned in this question. The poor curate, the struggling man of business, the young professional man, are often made wretched for life by their inordinately large families, and their years are passed in one long battle to live; meanwhile the woman's health is sacrificed and her life embittered from the same cause. To all of these, we point the way of relief and of happiness; for the sake of these we publish what others fear to issue, and we do it, confident that if we fail the first time, we shall succeed at last, and that the English public will not permit the authorities to stifle a discussion of the most important social question which can influence a nation's welfare.

"CHARLES BRADLAUGH. "ANNIE BESANT."

We advertised the sale of the pamphlet in the _National Reformer_ of March 25th (published March 22nd) in the following words:

FRUITS OF PHILOSOPHY. By CHARLES KNOWLTON, M.D. PRICE SIXPENCE.

This Pamphlet will be republished on Saturday, March 24th, _in extenso_, with some additional Medical Notes by a London Doctor of Medicine. It will be on sale at 28, Stonecutter Street, E.G., after 4 p.m. until close of shop. No one need apply before this time, as none will be on sale. Mr. Charles Bradlaugh and Mrs. Annie Besant will be in attendance from that hour, and will sell personally the first hundred copies.

FREETHOUGHT PUBLISHING COMPANY, 28, Stonecutter Street, E.C.

In addition to this we ourselves delivered copies on March 23rd to Mr. Martin, the Chief Clerk of the magistrates at Guildhall, to the officer in charge at the City Police Office in Old Jewry, and to the Solicitor for the City of London. With each pamphlet we handed in a notice that we should attend personally to sell the book on March 24th, at Stonecutter Street, from 4 to 5 p.m. These precautions were taken in order to force the authorities to prosecute us, and not any of our subordinates, if they prosecuted at all. The account of the first sale will interest many:

"On Saturday we went down to Stonecutter Street, accompanied by the Misses Bradlaugh and Mr. and Mrs. Touzeau Parris; we arrived at No. 28 at three minutes to four, and found a crowd awaiting us. We promptly filled the window with copies of the pamphlet, as a kind of general notice of the sale within, and then opened the door. The shop was filled immediately, and in twenty minutes over 500 copies were sold. No one sold save Mr. Bradlaugh and myself, but Miss Bradlaugh sorted dozens with a skill that seemed to stamp her as intended by nature for the business, while her sister supplied change with a rapidity worthy of a bank clerk. Several detectives favored us with a visit, and one amused us by coming in and buying two copies from Mr. Bradlaugh, and then retiring gracefully; after an interval of perhaps a quarter of an hour he reappeared, and purchased one from me. Two policemen outside made themselves useful; one patrolled the street calmly, and the other very kindly aided Norrish, Mr. Eamsey's co-worker, in his efforts to keep the stream flowing quietly, without too much pressure. Mr. Bradlaugh's voice was heard warningly from time to time, bidding customers not to crowd, and everything went well and smoothly, save that I occasionally got into fearful muddles in the intricacies of 'trade price'; I disgusted one customer, who muttered roughly 'Ritchie', and who, when I gave him two copies, and put his shilling in the till, growled: 'I shan't take them'. I was fairly puzzled, till Mr. Bradlaugh enlightened me as to the difficulty, 'Ritchie' to me being unknown; it appeared that 'Ritchie', muttered by the buyer, meant that the copies were wanted by a bookseller of that name, and his messenger was irate at being charged full price. Friends from various parts appeared to give a kindly word; a number of the members of the Dialectical Society came in, and many were the congratulations and promises of aid in case of need. Several who came in offered to come forward as bail, and their names were taken by Mr. Parris. The buyer that most raised my curiosity was one of Mr. Watts' sons, who came in and bought seven copies, putting down only trade-price on the counter; no one is supplied at trade-price unless he buys to sell again, and we have all been wondering why Mr. Watts should intend to sell the Knowlton pamphlet, after he has proclaimed it to be obscene and indecent. At six o'clock the shutters were put up, and we gave up our amateur shop-keeping; our general time for closing on Saturday is 2 p.m., but we kept the shop open on Saturday for the special purpose of selling the Knowlton pamphlet. We sold about 800 copies, besides sending out a large number of country parcels, so that if the police now amuse themselves in seizing the work, they will entirely have failed in stopping its circulation. The pamphlet, during the present week, will have been sold over England and Scotland, and the only effect of the foolish police interference will be to have sold a large edition. We must add one word of thanks to them for the kindly aid given us by their gratuitous advertisement."

[I may note here, in passing, that we printed our edition verbatim from that issued by James Watson, not knowing that various editions were in circulation. It was thereupon stated by Mr. Watts that we had not reprinted the pamphlet for which he was prosecuted, so we at once issued another edition, printed from his own version.]

The help that flowed in to us from all sides was startling both in quantity and quality; a Defence Committee was quickly formed, consisting of the following persons:

"C.R. Drysdale, M.D., Miss Vickery, H.R.S. Dalton, B.A., W.J. Birch, M.A., J. Swaagman, Mrs. Swaagman, P.A.V. Le Lubez, Mdme. Le Lubez, Miss Bradlaugh, Miss H. Bradlaugh, Mrs. Parris, T. Allsop, E. Truelove, Mark E. Marsden, F.A. Ford, Mrs. Fenwick Miller, G.N. Strawbridge, W.W. Wright, Mrs. Rennick, Mrs. Lowe, W. Bell, Thomas Slater, G. F. Forster, J. Scott, G. Priestley, J.W. White, J. Hart, H. Brooksbank, Mrs. Brooksbank, G. Middleton, J. Child, Ben. W. Elmy, Elizabeth Wolstenholme Elmy, Touzeau Parris (Hon. Sec.), Captain R.H. Dyas, Thomas Roy (President of the Scottish Secular Union), R.A. Cooper, Robert Forder, William Wayham, Mrs. Elizabeth Wayham, Professor Emile Acollas (ancien Professeur de Droit Français à l'Université de Berne), W. Reynolds, C. Herbert, J.F. Haines, H. Rogers (President of the Trunk and Portmanteau Makers' Trade Society), Yves Guyot (Redacteur en chef du _Radical_ et du _Bien Public),_ W.J. Ramsey, J. Wilks, Mrs. Wilks, J.E. Symes, E. Martin, W.E. Adams, Mrs. Adams, John Bryson (President of the Northumberland Miners' Mutual Confident Association), Ralph Young, J. Grout, Mrs. Grout, General Cluseret, A. Talandier (Member of the Chamber of Deputies), J. Baxter Langley, LL.D., M.R.C.S., F.L.S."

Mrs. Fenwick Miller's letter of adhesion is worthy republication; it puts so tersely the real position:

"59, Francis Terrace. Victoria Park. "March 31st.

"My dear Mrs. Besant,--I feel myself privileged in having the opportunity of expressing both to you and to the public, by giving you my small aid to your defence, how much I admire the noble position taken up by Mr. Bradlaugh and yourself upon this attempt to suppress free discussion, and to keep the people in enforced ignorance upon the most important of subjects. It is shameful that you should have to do it through the cowardice of the less important person who might have made himself a hero by doing as you now do, but was too weak for his opportunities. Since you have had to do it, however, accept the assurance of my warm sympathy, and my readiness to aid in any way within my power in your fight. Please add my name to your Committee. You will find a little cheque within: I wish I had fifty times as much to give.

"Under other circumstances, the pamphlet might well have been withdrawn from circulation, since its physiology its obsolete, and consequently its practical deductions to some extent unsound. But it must be everywhere comprehended that _this is not the point_. The book would have been equally attacked had its physiology been new and sound; the prosecution is against the right to issue a work upon the special subject, and against the freedom of the press and individual liberty.--Believe me, yours very faithfully,

R. FENWICK MILLER."

Among the many received were letters of encouragement from General Garibaldi, M. Talandier, Professor Emile Acollas, and the Rev. S.D. Headlam.

As we did not care to be hunted about London by the police, we offered to be at Stonecutter Street daily from 10 to 11 a.m. until we were arrested, and our offer was readily accepted. Friends who were ready to act as bail came forward in large numbers, and we arranged with some of them that they should be within easy access in case of need. There was a little delay in issuing the warrants for our arrest. A deputation from the Christian Evidence Society waited on Mr. (now Sir Richard) Cross, to ask that the Government should prosecute us, and he acceded to their request. The warrants were issued on April 3rd, and were executed on April 5th. The story of the arrest I take from my own article in the _National Reformer,_ premising that we had been told that "the warrants were in the hands of Simmons".

"Thursday morning found us again on our way to Stonecutter Street, and as we turned into it we were aware of three gentlemen regarding us affectionately from beneath the shelter of a ladder on the off-side of Farringdon Street. 'That's Simmons,' quoth Mr. Bradlaugh, as we went in, and I shook my head solemnly, regarding 'Simmons' as the unsubstantial shadow of a dream. But as the two Misses Bradlaugh and myself reached the room above the shop, a gay--'I told you so', from Mr. Bradlaugh downstairs, announced a visit, and in another moment Mr. Bradlaugh came up, followed by the three unknown. 'You know what we have come for,' said the one in front; and no one disputed his assertion. Detective-Sergeant R. Outram was the head officer, and he produced his warrant at Mr. Bradlaugh's request; he was accompanied by two detective officers, Messrs. Simmons and Williams. He was armed also with a search warrant, a most useful document, seeing that the last copy of the edition (of 5,000 copies) had been sold on the morning of the previous day, and a high pile of orders was accumulating downstairs, orders which we were unable to fulfil. Mr. Bradlaugh told him, with a twinkle in his eye, that he was too late, but offered him every facility for searching. A large packet of 'Text Books'--left for that purpose by Norrish, if the truth were known-- whose covers were the same color as those of the 'Fruits', attracted Mr. Outram's attention, and he took off some of the brown paper wrapper, but found the goods unseizable. He took one copy of the 'Cause of Woman', by Ben Elmy, and wandered up and down the house seeking for goods to devour, but found nothing to reward him for his energy. Meanwhile we wrote a few telegrams and a note or two, and after about half-an-hour's delay, we started for the police-station in Bridewell Place, arriving there at 10.25. The officers, who showed us every courtesy and kindness consistent with the due execution of their duty, allowed Mr. Bradlaugh and myself to walk on in front, and they followed us across the roar of Fleet Street, down past Ludgate Hill Station, to the Police Office. Here we passed into a fair-sized room, and were requested to go into a funny iron-barred place; it was a large oval railed in, with a brightly polished iron bar running round it, the door closing with a snap. Here we stood while two officers in uniform got out their books; one of these reminded Mr. Bradlaugh of his late visits there, remarking that he supposed the 'gentleman you were so kind to will do you the same good turn now'. Mr. Bradlaugh dryly replied that he didn't think so, accepting service and giving it were two very different things. Our examination then began; names, ages, abodes, birth-places, number of children, color of hair and eyes, were all duly enrolled; then we were measured, and our heights put down; next we delivered up watches, purses, letters, keys--in fact emptied our pockets; then I was walked off by the housekeeper into a neighboring cell and searched--a surely most needless proceeding; it strikes me this is an unnecessary indignity to which to subject an uncondemned prisoner, except in cases of theft, where stolen property might be concealed about the person. It is extremely unpleasant to be handled, and on such a charge as that against myself a search was an absurdity. The woman was as civil as she could be, but, as she fairly enough said, she had no option in the matter. After this, I went back to the room and rejoined my fellow prisoner and we chatted peaceably with our guardians; they quite recognised our object in our proceedings, and one gave it as his opinion that we ought to have been summoned, and not taken by warrant. Taken, however, we clearly were, and we presently drove on to Guildhall, Mr. Outram in the cab with us, and Mr. Williams on the box.

"At Guildhall, we passed straight into the court, through the dock, and down the stairs. Here Mr. Outram delivered us over to the gaoler, and the most uncomfortable part of our experiences began. Below the court are a number of cells, stone floored and whitewashed walled; instead of doors there are heavy iron gates, covered with thick close grating; the passages are divided here and there with similar strong iron gates, only some of which are grated. The rules of the place of course divided the sexes, so Mr. Bradlaugh and myself were not allowed to occupy the same cell; the gaoler, however, did the best he could for us, by allowing me to remain in a section of the passage which separated the men's from the women's cells, and by putting Mr. Bradlaugh into the first of the men's. Then, by opening a little window in the thick wall, a grating was discovered, through which we could dimly see each other. Mr. Bradlaugh's face, as seen from my side, scored all over with the little oblong holes in the grating reflected by the dull glimmer of the gas in the passage, was curious rather than handsome; mine was, probably, not more attractive. In this charming place we passed two hours-and-a-half, and it was very dull and very cold. We solaced ourselves, at first, by reading the _Secular Review_, Mr. Bradlaugh tearing it into pages, and passing them one by one through the grating. By pushing on his side and pulling on mine, we managed to get them through the narrow holes. Our position when we read them was a strange satire on one article (which I read with great pain), which expressed the writer's opinion that the book was so altered as not to be worth prosecuting. Neither the police nor the magistrate recognised any difference between the two editions. As I knew the second edition, taken from Mr. Watts', was almost ready for delivery as I read, I could not help smiling at the idea that no one 'had the courage' to reprint it.

"Mr. Bradlaugh paced up and down his limited kingdom, and after I had finished correcting an _N.R._, I sometimes walked and sometimes sat, and we chatted over future proceedings, and growled at our long detention, and listened to names of prisoners being called, until we were at last summoned to 'go up higher', and we joyfully obeyed. It was a strange sort of place to stand in, the dock of a police-court the position struck one as really funny, and everyone who looked at us seemed to feel the same incongruity: officials, chief clerk, magistrate, all were equally polite, and Mr. Bradlaugh seemed to get his own way from the dock as much as everywhere else. The sitting magistrate was Alderman Figgins, a nice, kindly old gentleman, robed in marvellous, but not uncomely, garments of black velvet, purple, and dark fur. Below the magistrate, on either hand, sat a gentleman writing, one of whom was Mr. Martin, the chief clerk, who took the purely formal evidence required to justify the arrest. The reporters all sat at the right, and Mr. Touzeau Parris shared their bench, sitting on the corner nearest us. Just behind him Mr. Outram had kindly found seats for the two Misses Bradlaugh, who surveyed us placidly, and would, I am sure, had their duty called them to do so, have gladly and willingly changed places with us. The back of the court was filled with kindly faces, and many bright smiles greeted us; among the people were those who so readily volunteered their aid, those described by an official as 'a regular waggon-load of bail'. Their presence there was a most useful little demonstration of support, and the telegrams that kept dropping in also had their effect. 'Another of your friends, Mr. Bradlaugh,' quoth the chief clerk, as the fourth was handed to him, and I hear that the little buff envelopes continued to arrive all the afternoon. I need not here detail what happened in the court, as a full report by a shorthand writer appears in another part of the paper, and I only relate odds and ends. It amused me to see the broad grin which ran round when the detective was asked whether he had executed the seizure warrant, and he answered sadly that there was 'nothing to seize'. When bail was called for, Dr. Drysdale, Messrs. Swaagman, Truelove, and Bell were the first summoned, and no objections being raised to them, nor further securities asked for, these four gentlemen were all that were needed. We were then solemnly and severally informed that we were bound over in our own recognizances of £200 each to appear on Tuesday, April 17th, at eleven o'clock in the forenoon, to answer, etc., etc., etc., to which adjuration I only replied by a polite little bow. After all this we passed into a small room at one side, and there waited till divers papers were delivered unto us, and we were told to depart in peace. A number of people had gathered outside and cheered us warmly as we came out, one voice calling: 'Bravo! there's some of the old English spirit left yet'. Being very hungry (it was nearly three o'clock), we went off to luncheon, very glad that the warrant was no longer hanging over our heads, and on our way home we bought a paper announcing our arrest. The evening papers all contained reports of the proceedings, as did also the papers of the following morning. I have seen the _Globe, Standard, Daily News, Times, Echo, Daily Telegraph_, and they all give perfectly fair reports of what took place. It is pleasant that they all seem to recognise that our reason for acting as we have done is a fair and honorable desire to test the right of publication."

XV.

The preliminary investigation before the magistrates at Guildhall duly came on upon April 17th, the prosecution being conducted by Mr. Douglas Straight and Mr. F. Mead. The case was put by Mr. Straight with extreme care and courtesy, the learned counsel stating, "I cannot conceal from myself, or from those who instruct me, that everything has been done in accordance with fairness and _bona fides_ on the part of Mr. Bradlaugh and the lady sitting by the side of him". Mr. Straight contended that the good intentions of a publisher could not be taken as proving that a book was not indictable, and laid stress on the cheapness of the work, "the price charged is so little as sixpence". Mr. Bradlaugh proved that there was no physiological statement in Knowlton, which was not given in far fuller detail in standard works on physiology, quoting Carpenter, Dalton, Acton, and others; he showed that Malthus, Professor Fawcett, Mrs. Fawcett, and others, advocated voluntary limitation of the family, establishing his positions by innumerable quotations. A number of eminent men were in Court, subpoenaed to prove their own works, and I find on them the following note, written by myself at the time:--