Chapter 17
The amount of money subscribed by the public during the Knowlton and succeeding prosecutions gives some idea of the interest felt in the struggle. The Defence Fund Committee in March, 1878, presented a balance-sheet, showing subscriptions amounting to £1,292 5s. 4d., and total expenditure in the Queen _v._ Bradlaugh and Besant, the Queen _v._ Truelove, and the appeal against Mr. Vaughan's order (the last two up to date) of £1,274 10s. This account was then closed and the balance of £17 15s. 4d. passed on to a new Fund for the defence of Mr. Truelove, the carrying on of the appeal against the destruction of the Knowlton pamphlet, and the bearing of the costs incident on the petition lodged against myself. In July this new fund had reached £196 16s. 7d., and after paying the remainder of the costs in Mr. Truelove case, a balance of £26 15s. 2d. was carried on. This again rose to £247 15s. 2-1/2d., and the fund bore the expenses of Mr. Bradlaugh's successful appeal on the Knowlton pamphlet, the petition and subsequent proceedings in which I was concerned in the Court of Chancery, and an appeal on Mr. Truelove's behalf, unfortunately unsuccessful, against an order for the destruction of the Dale Owen pamphlet. This last decision was given on February 21st, 1880, and on this the Defence Fund was closed. On Mr. Truelove's release, as mentioned above, a testimonial to the amount of £197 16s. 6d. was presented to him, and after the close of the struggle some anonymous friend sent to me personally £200 as "thanks for the courage and ability shown". In addition to all this, the Malthusian League received no less than £455 11s. 9d. during the first year of its life, and started on its second year with a balance in hand of £77 5s. 8d.
The propaganda of Freethought was not forgotten while this Malthusian quarrel was raging, and in August 1877 the Freethought Publishing Company issued the first English edition of lectures by Colonel Robert Ingersoll, the eminent Freethought advocate of the United States. Since that time various other publishers have circulated thousands of his lectures, but it has always been to me a matter of satisfaction that we were the first to popularise the eloquent American in England. The ruling of the Lord Chief Justice that a book written with pure intention and meant to convey useful knowledge might yet be obscene, drew from me a pamphlet entitled, "Is the Bible Indictable?", in which I showed that the Bible came clearly within the judge's ruling. This turning of the tables on our persecutors caused considerable sensation at the time, and the pamphlet had, and still has, a very wide circulation. It is needless to add that the Sunday Freethought lectures were carried on despite the legal toils of the week, and, as said above, the large audiences attracted by the prosecution gave a splendid field for the inculcation of Freethought views. The National Secular Society consequently increased largely in membership, and a general impulse towards Freethought was manifest throughout the land.
The year 1878, so far as lecturing work was concerned, was largely taken up with a crusade against the Beaconsfield Government and in favor of peace. Lord Beaconsfield's hired roughs broke up several peace meetings during the winter, and on February 24th Mr. Bradlaugh and Mr. Auberon Herbert, at the request of a meeting of working-class delegates, held in Hyde Park a "Demonstration in favor of Peace". The war party attacked the meeting and some sharp fighting took place, but a resolution "That this meeting declares in favor of peace" was carried despite them. A second meeting was called by the Working Men's Committee for March 10th, and a large force of medical students, roughs, militia-men, and "gentlemen", armed with loaded bludgeons, heavy pieces of iron, sticks with metal twisted round them, and various sharp-cutting weapons, went to Hyde Park to make a riot. The meeting was held and the resolution carried, but after it had dissolved there was some furious fighting. We learned afterwards that a large money reward had been offered to a band of roughs if they would disable Mr. Bradlaugh, and a violent organised attack was made on him. The stewards of the meeting carried short policemen's truncheons to defend themselves, and a number of these gathered round their chief and saved his life. He and his friends had to fight their way out of the park; a man, armed with some sharp instrument, struck at Mr. Bradlaugh from behind, and cut one side of his hat from top to brim; his truncheon was dinted with the jagged iron used as weapon; and his left arm, with which he guarded his head, was one mass of bruises from wrist to elbow. Lord Beaconsfield's friends very nearly succeeded in their attempt at murder, after all, for a dangerous attack of erysipelas set in, in the injured arm, and confined Mr. Bradlaugh to his room for sixteen days.
The provinces were far more strongly against war than was the capital, and in them we held many large and enthusiastic meetings in favor of peace. At Huddersfield the great Drill Hall was crammed for a lecture by me against war, and throughout Yorkshire and Lancashire scarcely a voice was ever raised in crowded meetings in defence of the Beaconsfieldian policy. A leaflet of mine, entitled "Rushing into War", was reprinted in various parts of the country, and was circulated in tens of thousands, and each Freethought leader worked with tongue and pen, on platform and in press, to turn the public feeling against war. The Freethought party may well take credit to itself for having been first in the field against the Tory policy, and for having successfully begun the work later carried on by Mr. Gladstone in his Midlothian campaign. They did more than any other party in the country to create that force of public opinion which overthrew the Tory Government in 1880.
XVII.
The year 1878 was a dark one for me; it saw me deprived of my little daughter, despite the deed of separation by which the custody of the child had been assigned to me. The first notice that an application was to be made to the High Court of Chancery to deprive me of this custody reached me in January, 1878, while the decision on the Knowlton case was still pending, but the petition was not filed till April. The time was ill-chosen; Mabel had caught scarlet fever at a day-school she was attending, and for some days was dangerously ill. The fact of her illness was communicated to her father, and while the child was lying ill in bed, and I had cancelled all engagements so that I might not leave her side, I received a copy of the petition to deprive me of her custody. This document alleged as grounds for taking away the child:
"The said Annie Besant is, by addresses, lectures, and writings, endeavoring to propagate the principles of Atheism, and has published a book intituled: 'The Gospel of Atheism'. She has also associated herself with an infidel lecturer and author, named Charles Bradlaugh, in giving lectures and in publishing books and pamphlets, whereby the truth of the Christian religion is impeached, and disbelief in all religion is inculcated.
"The said Annie Besant has also, in conjunction with the said Charles Bradlaugh, published an indecent and obscene pamphlet called 'The Fruits of Philosophy'.
"The said pamphlet has recently been the subject of legal proceedings, in the course of which the said Annie Besant publicly justified its contents and publication, and stated, or inferred, that in her belief it would be right to teach young children the physiological facts contained in the said pamphlet. [This was a deliberate falsehood: I had never stated or inferred anything of the kind.] The said Annie Besant has also edited and published a pamphlet intituled 'The Law of Population; its consequences, and its bearing upon human conduct and morals', to which book or pamphlet your petitioners crave leave to refer."
The petition was unfortunately heard before the Master of the Rolls, Sir George Jessel, a man animated by the old spirit of Hebrew bigotry, and who had superadded to this the coarse time-serving morality of "a man of the world", sceptical of all sincerity, and contemptuous of all self-devotion to a cause that did not pay, as of a weakness by which he was himself singularly unassailable. The treatment I received at his hands on my first appearance in Court told me what I had to expect. After my previous experience of the courtesy of English judges, I was startled to hear a harsh, loud voice exclaim, in answer to a statement from Mr. Ince. Q.C., that I appeared in person:
"Appear in person? A lady appear in person? Never heard of such a thing! Does the lady really appear in person?"
After a variety of similar remarks, delivered in the most grating tones and with the roughest manner, Sir George Jessel tried to attain his object by browbeating me directly.
"Is this the lady?"
"I am the respondent to the petition, my lord--Mrs. Besant." "Then I advise you, Mrs. Besant, to employ counsel to represent you, if you can afford it, and I suppose you can."
"With all submission to your lordship, I am afraid I must claim my right of arguing my case in person."
"You will do so if you please, of course, but I think you had much better appear by counsel. I give you notice that, if you do not, you must not expect to be shown any consideration. You will not be heard by me at any greater length than the case requires, nor allowed to go into irrelevant matter, as persons who argue their own cases generally do."
"I trust I shall not do so, my lord; but in any case I shall be arguing under your lordship's complete control."
This encouraging beginning may be taken as a sample of the case. Mr. Ince, the counsel on the other side, was constantly practising in the Rolls' Court, knew all the judge's peculiarities, how to flatter and humor him on the one hand, and how to irritate him against his opponent on the other. Nor was Mr. Ince above using his influence with the Master of the Rolls to obtain an unfair advantage, knowing that whatever he said would be believed against any contradiction of mine: thus he tried to obtain costs against me on the ground that the public helped me, whereas his client received no subscriptions in aid of his suit; yet as a matter of fact subscriptions had been collected for his client, and the Bishop of Lincoln, and many of the principal clergy and churchmen of the diocese had contributed liberally towards the persecution of the Atheist.
Mr. Ince and Mr. Bardswell argued that my Atheism and Malthusianism made me an unfit guardian for my child; Mr. Ince declared that Mabel, educated by me, would "be helpless for good in this world", and "hopeless for good hereafter"; outcast in this life and damned in the next; Mr. Bardswell implored the Judge to consider that my custody of her "would be detrimental to the future prospects of the child in society, to say nothing of her eternal prospects". I could have laughed, had not the matter been so terribly serious, at the mixture of Mrs. Grundy, marriage-establishment, and hell, presented as an argument for robbing a mother of her child. Once only did judge and counsel fall out; Mr. Bardswell had carelessly forgotten that Sir George Jessel was a Jew, and lifting eyes to heaven said:
"Your lordship, I think, will scarcely credit it, but Mrs. Besant says in a later affidavit that she took away the Testament from the child, because it contained coarse passages unfit for a child to read."
To his horror, Sir George Jessel considered there were "some passages which a child had better not read in the New Testament", and went on:
"It is not true to say there are no passages that are unfit for a child's reading, because I think there are a great many.
"Mr. BARDSWELL: I do not know of any passages that could fairly be called coarse.
"Sir G. JESSEL: I cannot quite assent to that."
With the exception of this little outburst of religious feeling against the book written by apostate Jews, Jewish judge and Christian counsel were united in their hatred of the Atheist. My argument fell on deaf ears; I distinctly admitted that I was an Atheist, that I had withdrawn the child from religious instruction at school, that I was the author of the "Gospel of Atheism", "The Fruits of Christianity", "The Freethinkers' Text Book, Part II.", and "The Law of Population", produced against me: I claimed her custody on the ground that it was given me by the deed of separation executed by the father who was trying to set it aside, and that no pretence was made that the child was neglected, the admission being, on the contrary, that she was admirably cared for: I offered lastly, if she were taken from me, to devote £110 a-year to her maintenance and education, provided that she were placed in the hands of a third person, not of her father. Sir George Jessel decided against me, as he had clearly intended to do from the very outset, and as the part of his judgment affecting Freethinkers as parents is of continued interest I reprint it here.
"I am glad to say that, so far as I can see, Mrs. Besant has been kind and affectionate in her conduct and behavior towards the child, and has taken the greatest possible care of her so far as regards her physical welfare. I have no doubt she entertains that sincere affection for the child which a mother should always feel, and which no merely speculative opinions can materially affect. But, unfortunately, since her separation from her husband, Mrs. Besant has taken upon herself not merely to ignore religion, not merely to believe in no religion, but to publish and avow that non-belief--to become the publisher of pamphlets written by herself, and to deliver lectures composed by herself, stating her disbelief in religion altogether, and stating that she has no belief in the existence of a providence or a God. She has endeavored to convince others, by her lectures and by her pamphlets, that the denial of all religion is a right and proper thing to recommend to mankind at large. It is not necessary for me to express any opinion as to the religious convictions of any one, or even as to their non-religious convictions. But I must, as a man of the world, consider what effect on a woman's position this course of conduct must lead to. I know, and must know as a man of the world, that her course of conduct must quite cut her off, practically, not merely from the sympathy of, but from social intercourse with, the great majority of her sex. I do not believe a single clergyman's wife in England living with her husband would approve of such conduct, or associate with Mrs. Besant; and I must take that into consideration in considering what effect it would have upon the child if brought up by a woman of such reputation. But the matter does not stop there. Not only does Mrs. Besant entertain those opinions which are reprobated by the great mass of mankind--whether rightly or wrongly I have no business to say, though I, of course, think rightly--but she carries those speculative opinions into practice as regards the education of the child, and from the moment she does that she brings herself within the lines of the decisions of Lord Chancellors and eminent judges with reference to the custody of children by persons holding speculative opinions, and in those cases it has been held that before giving the custody of a child to those who entertain such speculative opinions the Court must consider what effect infusing those opinions as part of its practical education would have upon the child. That is undoubtedly a matter of the greatest importance. Upon this point there is no conflict of testimony whatever. Mrs. Besant herself says that she prohibited the governess from giving any religious education to the child, and has prevented the child from obtaining any religious education at all. When the child went to school-- a day school, as I understand--Mrs. Besant prohibited the governess of that school from imparting any religious education, in the same way that she had prohibited the former governess, who was a home governess, from giving any religious education, and Mrs. Besant gave none herself. It is, therefore, not only the entertaining and publishing these opinions, but she considers it her duty so to educate the child as to prevent her having any religious opinions whatever until she attains a proper age. I have no doubt that Mrs. Besant is conscientious in her opinions upon all these matters, but I also have a conscientious opinion, and I am bound to give effect to it. I think such a course of education not only reprehensible but detestable, and likely to work utter ruin to the child, and I certainly should upon this ground alone decide that this child ought not to remain another day under the care of her mother."
As to the publication of the Knowlton pamphlet, Sir George Jessel decided that that also was a good ground for separating mother and child. He committed himself to the shameful statement, so strongly condemned by the Lord Chief Justice, that Dr. Knowlton was in favor of "promiscuous intercourse without marriage", and then uttered the gross falsehood that his view "was exactly the same as was entertained by the Lord Chief Justice of England". After this odious misrepresentation, I was not surprised to hear from him words of brutal insult to myself. I print here an article on him written at the time, not one word of which I now regret, and which I am glad to place on record in permanent form, now that only his memory remains for me to hate.
"SIR GEORGE JESSEL.
"During the long struggle which began in March, 1877, no word has escaped me against the respective judges before whom I have had to plead. Some have been harsh, but, at least, they have been fairly just, and even if a sign of prejudice appeared, it was yet not sufficient to be a scandal to the Bench. Of Sir George Jessel, however, I cannot speak in terms even of respect, for in his conduct towards myself he has been rough, coarse, and unfair, to an extent that I never expected to see in any English judge. Sir George Jessel is subtle and acute, but he is rude, overbearing, and coarse; he has the sneer of a Mephistopheles, mingled with a curious monkeyish pleasure in inflicting pain. Sir George Jessel prides himself on being 'a man of the world', and he expresses the low morality common to that class when the phrase is taken in its worst sense; he holds, like the 'men of the world', who 'see life' in Leicester Square and the Haymarket, that women are kept chaste only through fear and from lack of opportunity; that men may be loose in morals if they will, and that women are divided into two classes for their use--one to be the victims and the toys of the moment, the others to be kept ignorant and strictly guarded, so as to be worthy of being selected as wives. Sir George Jessel considers that a woman becomes an outcast from society because she thinks that women would be happier, healthier, safer, if they had some slight acquaintance with physiology, and were not condemned, through ignorance, to give birth to human lives foredoomed to misery, to disease, and to starvation. Sir George Jessel says that no 'modest woman' will associate with one who spreads among her sex the knowledge which will enable her sisters to limit their families within their means. The old brutal Jewish spirit, regarding women as the mere slaves of men, breaks out in the coarse language which disgraced himself rather than the woman at whom it was aimed. Sir George Jessel might have been surprised, had he been in the Free Trade Hall, Manchester, on the following day, and had seen it filled with men and women, quiet looking, well dressed, and respectable, and had heard the cries of 'Shame on him!' which rang round the hall, when his brutal remark was quoted. Such language only causes a re-action towards the insulted person even among those who would otherwise be antagonistic, and Sir George Jessel has ranged on my side many a woman who, but for him, would have held aloof.
"Sir George Jessel is a Jew; he thinks that a parent should be deprived of a child if he or she withholds from it religious training. Two hundred years ago, Sir George Jessel's children might have been taken from him because he did not bring them up as Christians; Sir George Jessel and his race have been relieved from disabilities, and he now joins the persecuting majority, and deals out to the Atheist the same measure dealt to his forefathers by the Christians. The Master of the Rolls pretended that by depriving me of my child he was inflicting no punishment on me! If the Master of the Rolls have any children, he must be as hard-hearted in the home as he is on the bench, if he would not feel that any penalty was inflicted on him if his little ones were torn from him and handed over to a Christian priest, who would teach them to despise him as a Jew, and hate him as a denier of Christ. Even now, Jews are under many social disabilities, and even when richly gilt, Christian society looks upon them with thinly-concealed dislike. The old wicked prejudice still survives against them, and it is with shame and with disgust that Liberals see a Jew trying to curry favor with Christian society by reviving the obsolete penalties once inflicted on his own people.
"Sir George Jessel was not only brutally harsh; he was also utterly unfair. He quoted the Lord Chief Justice as agreeing with him in his judgment on Knowlton, on points where the Chief had distinctly expressed the contrary opinion, and he did this not through ignorance, but with the eloquent words of Sir Alexander Cockburn lying in front of him, and after I had pointed out to him, and he had deliberately read, or professed to read, the passages which contained the exact contrary of that which he put into the Chief's mouth.
"Of one thing Sir George Jessel and his Christian friends may be sure: that neither prosecution nor penalty will prevent me from teaching both Atheism and Malthusianism to all who will listen to me, and since Christianity is still so bigoted as to take the child from the mother because of a difference of creed, I will strain every nerve to convert the men and women around me, and more especially the young, to a creed more worthy of humanity.