(May 24) appeared with the words "Prosecuted by Her Majesty's Government" printed in large black type on the front page; and this announcement was so continued until the end of the proceedings, giving to the journal—despised and rejected by its contemporaries as it was—quite a distinguished appearance.
In fact, the public could hardly have read his words as to the possibility of a reconsideration by the Government, when he received an ominously worded writ[40] from the Solicitor's Department, Somerset House, for the recovery of two penalties of £50 and £20 attaching to the publication and sale of the paper; and it may be remarked that the claim of these sums of £50 and £20 meant considerably more than would appear to the eye of the uninitiated, for it meant £50 "for each and every day" since publication, and £20 "for each and every copy" published, so that the amount of the penalties really claimed was something tremendous. On these two numbers alone, at the very lowest estimate, it must have reached somewhere about a quarter of a million of money, "The Defence Fund" was of course re-opened; for, as we shall see later on, Mr. Bradlaugh had by this time gained plenty of personal experience as to the cost of litigation, and opposing the Government law officers promised largely in the way of expense. Hosts of small subscribers sent their small sums to swell the funds for the defence of the persecuted and prosecuted paper. Meetings were held, and a petition for the repeal of the Statutes of William and George was immediately got up. One of the first to be presented was one from Mr. Bradlaugh himself, which was laid before the House on May 25th by Mr. John Stuart Mill; on the same day Mr. Crawford presented one from Mr. Austin Holyoake; and later on people in various parts of the country, sent in petitions through their respective members. These petitions and the general agitation soon began to have their effect, and resulted in a meeting of members being convened to be held in one of the Committee Rooms of the House, to consider the proper action to be taken. Men like James Watson, who had suffered imprisonment for his defence of the liberty of the press; Richard Moore, whose name was well known in those days for his efforts to promote political freedom; and Mr. C. D. Collet, who had worked untiringly for political reforms: such men as these came forward with help and advice, as well as many others who, like Edward Truelove and Austin Holyoake, were intimately associated with my father. On the 28th May he received an "information" from the law officers of the Crown, but, curiously enough, it was undated. No one who knows anything of Mr. Bradlaugh will need to be told that this slip did not pass unnoticed, and on the following day, with the view of gaining a slight extension of the time to plead, he applied to Mr. Baron Bramwell to order the withdrawal of the information. Baron Bramwell made the order applied for, and the solicitor to the Inland Revenue amended his document the same day.
From this "information," with its customary confusion of legal jargon retailed to clients at so much per folio, we may extricate three essential points, which I will put plainly in as many lines, viz., that Mr. Bradlaugh was being proceeded against for (1) publishing the National Reformer; for (2) being the proprietor of it; and for (3) selling the paper so published and owned "at a less price than sixpence, to wit, at the price of twopence."
These last words were pregnant with meaning, for, as my father wrote at the time, "If the price was sixpence I should not be prosecutable; it is only cheap blasphemy and sedition which is liable to be suppressed." The rich might read the covert blasphemies of an affectedly pious and unaffectedly sixpenny weekly journal, or dally over expensive and erudite treatises which were openly heretical; but ignorance and religion were necessary to the masses to keep them in proper subjection, and woe betide those rash men who ventured to throw open to these the door of the Chamber of Knowledge! Has not this been the law of England, and is it not in fact the sentiment of certain Englishmen even to-day?
As the particulars conveyed in this formidable "information" differed somewhat from those furnished in the earlier subpoena ad respondum, Mr. Bradlaugh applied to the Courts to compel further and better particulars concerning the penalties for which judgment was prayed. This application was heard on the 30th May, in the Court of Exchequer, before Mr. Justice Montague Smith, and was opposed by counsel (of whom there was quite an array) on behalf of the Crown. After a "lengthy and rather sharp passage of arms" the Judge decided in favour of the application, and ordered the solicitor to the Inland Revenue to "deliver to the defendant a further and better account in writing of the particulars of the statutes referred to in the 3rd and 6th counts."[41] This victory over the law officers of the Crown was of trifling consequence, except as giving a little additional time for pleading, and as showing his opponents that they had to deal with a man ready to see and ready to use every advantage given him. This second victory, small perhaps as bearing on the final issues, was of vast moral importance, for it forced the Crown to state that they relied on the obnoxious statute of George III. for the enforcement of the 3rd and 6th counts. The assistant-solicitor, Stephen Dowell, Esq., made this admission in the briefest possible language, abandoning the "to wits" and other ornamental phraseology of the original wordy information. On the 1st June Mr. Bradlaugh entered four pleas in his defence; but it was now the turn of the law officers of the Crown to interpose, and they objected that a defendant might only plead one plea, and referred their opponent to the 21 James I., cap. iv. sec. 4, as bearing on the case. The letter conveying this objection was put into my father's hands at Euston Station just as he was leaving by the 2.45 train for Northampton, the suffrages of which town he was then seeking to win for the first time. That very day was the last for giving notice for the next sittings, and half-past three was the latest time available on that day. Mr. Bradlaugh felt himself in a position of considerable embarrassment. There was no time for consideration; he doubted the accuracy of the Government, but he was not acquainted with the wording of the statute of James; his train was on the point of leaving for Northampton, and some decision must be come to immediately. He dispatched a clerk to Somerset House with authority to modify his plea according to the terms of the solicitor's letter, but reserving his right to inquire into the matter, and take such course upon it as the law permitted.
On his return from Northampton, he went at once to Messrs Spottiswoode, the Queen's Printers, and there he learned that the statute of James was "not only out of print, but had not been asked for within the memory of the oldest employee in the Queen's Printing Office." On referring to the Statute Book, he arrived at the opinion that Mr. Melvill was once more in error, and therefore went himself to Somerset House, where, to his "great surprise," he found that the Government lawyers were no better informed than himself, and merely sheltered themselves under an opinion of the counsel to the Treasury that he had no right to plead more than one plea. Upon hearing this, Mr. Bradlaugh immediately wrote Mr. Melvill that unless he at once pointed out the authority under which his right of pleading was limited to "Not Guilty," he should apply to a judge at chambers to have his pleas reinstated. Mr. Melvill replied on the same day repeating his declaration, but without giving his authority. The next day (Friday, June 5th) Mr. Bradlaugh was served with a rule that the case should be tried by a special jury, and that the jury should be nominated on the Tuesday following. On Saturday the application to reinstate the pleas was heard before Mr. Justice Willes. After a great deal of discussion, the judge at length endorsed the summons with a declaration giving Mr. Bradlaugh liberty to raise upon the trial all the issues involved in his pleas.
The trial came on in the Court of Exchequer on Saturday, June 13th, before Mr. Baron Martin. The Court was filled with Mr. Bradlaugh's friends, to witness this great forensic contest between himself, on behalf of a free, unshackled press on the one hand, and on the other, Her Majesty's Attorney-General, Sir John Karslake, Kt., aided and assisted by the Solicitor-General and an inferior legal gentleman "in stuff," on behalf of the Government and the oppressive press laws of George and William. When the jury was called only ten gentlemen answered to their names; thereupon the Associate asked the Attorney-General, "Do you pray a tales?" The Attorney-General answered, "We do not pray a tales." The Associate then asked Mr. Bradlaugh the same question, to which he also replied in the negative. Upon this the jury was discharged, and the great press prosecution entered into by the moribund Tory Government of 1868 came to an abortive end.
"It is not in mortals—least of all, in mortals mean as these—to command success. I make no doubt that the man who has the courage to defy them will at least do more—deserve it." So wrote "Caractacus" before this nominal trial came on, and assuredly
