[Annie Besant by Annie Besant]@TWC D-Link bookAnnie Besant CHAPTER IX 6/42
Having read the book they granted the writ. The trial commenced on June 18th before the Lord Chief Justice of England and a special jury, Sir Hardinge Giffard, the Solicitor-General of the Tory Government, leading against us, and we defending ourselves.
The Lord Chief Justice "summed up strongly for an acquittal," as a morning paper said; he declared that "a more ill-advised and more injudicious proceeding in the way of a prosecution was probably never brought into a court of justice," and described us as "two enthusiasts who have been actuated by a desire to do good in a particular department of society." He then went on to a splendid statement of the law of population, and ended by praising our straightforwardness and asserting Knowlton's honesty of intention. Every one in court thought that we had won our case, but they had not taken into account the religious and political hatred against us and the presence on the jury of such men as Mr.Walter, of the _Times_. After an hour and thirty-five minutes of delay the verdict was a compromise: "We are unanimously of opinion that the book in question is calculated to deprave public morals, but at the same time we entirely exonerate the defendants from any corrupt motive in publishing it." The Lord Chief Justice looked troubled, and said that he should have to translate the verdict into one of guilty, and on that some of the jury turned to leave the box, it having been agreed--we heard later from one of them--that if the verdict were not accepted in that form they should retire again, as six of the jury were against convicting us; but the foreman, who was bitterly hostile, jumped at the chance of snatching a conviction, and none of those in our favour had the courage to contradict him on the spur of the moment, so the foreman's "Guilty" passed, and the judge set us free, on Mr.Bradlaugh's recognisances to come up for judgment that day week. On that day we moved to quash the indictment and for a new trial, partly on a technical ground and partly on the ground that the verdict, having acquitted us of wrong motive, was in our favour, not against us.
On this the Court did not agree with us, holding that the part of the indictment alleging corrupt motive was superfluous.
Then came the question of sentence, and on this the Lord Chief Justice did his best to save us; we were acquitted of any intent to violate the law; would we submit to the verdict of the jury and promise not to sell the book? No, we would not; we claimed the right to sell, and meant to vindicate it.
The judge pleaded, argued, finally got angry with us, and, at last, compelled to pass sentence, he stated that if we would have yielded he would have let us go free without penalty, but that as we would set ourselves against the law, break it and defy it--a sore offence from the judge's point of view--he could only pass a heavy sentence on each of six months' imprisonment, a fine of L200, and recognisances of L500 for two years, and this, as he again repeated, upon the assumption "that they do intend to set the law at defiance." Even despite this he made us first-class misdemeanants. Then, as Mr.Bradlaugh stated that we should move for a writ of error, he liberated us on Mr.Bradlaugh's recognisance for L100, the queerest comment on his view of the case and of our characters, since we were liable jointly to L1,400 under the sentence, to say nothing of the imprisonment.
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