Two others were summoned to appear with me: Mr. W. J. Ramsey, as publisher and proprietor16, and Mr. E. W. Whittle17, as printer. Mr. Bradlaugh, who was not included in the prosecution18 until a later stage of the proceedings19, rendered us ungrudging assistance. Mr. Lickfold, of the well-known legal firm of Lewis and Lewis, was engaged to watch the case on behalf of Mr. Whittle. As for my own defence, I resolved from the very first to conduct it myself, a course for which I had excellent reasons, that were perfectly21 justified22 by subsequent events. In the Freethinker of July 30, 1882, I wrote:
"I have to defend a principle as well as myself. The most
skilful counsel might be half-hearted and over-prudent. Every
lawyer looks to himself as well as to his client. When Erskine
made his great speech at the end of last century in a famous
trial for treason, Thomas Paine said it was a splendid speech
for Mr. Erskine, but a very poor defence of the "Rights of Man."
If Freethought is attacked it must be defended, and the charge
of Blasphemy must be retorted on those who try to suppress
liberty in the name of God. For my part, I would rather be
convicted after my own defence than after another man's; and
before I leave the court, for whatever destination, I will make
and disbelieve."
For whatever destination! Yes, I avow26 that from the moment I read the summons I never had a doubt as to my fate. I knew that prosecutions27 for Blasphemy had invariably succeeded. How, indeed, could they possibly fail? I might by skill or luck get one jury to disagree, but acquittal was hopeless; and the prosecution could go on trying me until they found a jury sufficiently28 orthodox to ensure a verdict of guilty. It was a foregone conclusion. The prosecution played, "Heads I win, tails you lose."
And now a word as to our prosecutor29. Nominally31, of course, we were prosecuted32 by the Crown; and Judge North had the ignorance or impudence33 to tell the Old Bailey jury that this was not only theory but fact. Lord Coleridge, when he tried us two months later in the Court of Queen's Bench, told the jury that although the nominal30 prosecutor was the Crown, the actual prosecutor, the real plaintiff who set the Crown in motion, was Sir Henry Tyler. He provided all the necessary funds. Without his cash, nobody would have paid for the summons, and the pious34 lawyers, from Sir Hardinge Giffard downwards35, who harangued36 the magistrates38, the judge and the jury, would have held their venal39 tongues, and left poor Religion to defend herself as she could. And who is Sir Henry Tyler? or, rather, who was he? for after emerging into public notoriety by playing the part of a prosecutor, he fell back into his natural obscurity. He remained a Member of Parliament, but no one heard of him in that capacity, except now and then when he asked a foolish question, like others of his kind, who are mysteriously permitted to sit in our national legislature. Three years ago, however, he was a more conspicuous40 personage. He was then chairman of the Board of Directors of the Brush Light Company; and according to Henry Labouchere's statements in Truth, he was a "notorious guinea-pig." He was certainly an adept41 in the profitable transfer of shares: so much so, indeed, that at length the shareholders42 revolted against their pious chairman, and appointed a committee to investigate his proceedings. Whereupon this modern Knight43 of the Holy Ghost levanted, preferring to resign rather than face the inquiry44. This is the man who asked in the House of Commons whether Mr. Bradlaugh's daughters could not be deprived of their hard-earned grants for their pupils who successfully passed the South Kensington examinations! This is the man who posed as the amateur champion of omnipotence46! Surely if deity47 wanted a champion, Sir Henry Tyler is about the last person who would receive an application. Yet it is men of this stamp who have usually set the Blasphemy Laws in operation. These infamous48 laws are allowed to slumber49 for years, until some contemptible50 wretch51, to gratify his private malice52 or a baser passion, rouses them into vicious activity, and fastens their fangs53 on men whose characters are far superior to his own. With this fact before them, it is strange that Christians54 should continue to regard these detestable laws as a bulwark55 of their faith, or in any way calculated to defend it against the inroads of "infidelity."
Sir Henry Tyler may after all have been a tool in the hands of others, for the St. Stephen's Review has admitted that the object of this prosecution was to cripple Mr. Bradlaugh in his parliamentary struggle, and we expected a prosecution long before it came, in consequence of some conversation on the subject overheard in the Tea Room of the House of Commons. But this, if true, while it heightens his insignificance56, in no wise lessens57 his infamy58; and it certainly does not impair59, but rather increases, the force of my strictures on the Blasphemy Laws.
Lord Coleridge, in the Court of Queen's Bench, on the occasion of Mr. Bradlaugh's trial, sarcastically60 alluded61 to Sir Henry Tyler as "a person entirely62 unknown to me"—a very polite way of saying, "What does such an obscure person mean by assuming the role of Defender63 of the Faith?" His lordship must also have had that individual in his mind when, on the occasion of my own trial with Mr. Ramsey in the same Court on April 25, 1883, he delivered himself of these sentiments in the course of his famous summing-up:
to obey what you believe to be God's will in your own lives.
It is not very easy to do that, and if you do it, you don't
make much noise in the world. It is very easy to turn upon
God's honor, to attack somebody who differs from you in point
of opinion, but whose life may be very much more pleasing to God,
whom you profess to honor, than your own. When it is done by
persons whose own lives are full of pretending to be better
than their neighbors, and who take that particular form of zeal
for God which consists in putting the criminal law in force
against somebody else—that does not, in many people's minds,
create a sympathy with the prosecutor, but rather with the
defendant. There is no doubt that will be so; and if they
should be men—I don't know anything about these persons—but
if they should be men who enjoy the wit of Voltaire, and who
prosecutor, but one's feelings are rather apt to sympathise
with the defendants70. It is still worse if the person who takes
this course takes it not from a kind of rough notion that God
wants his assistance, and that he can give it—less on his own
account than by prosecuting71 other—or if it is mixed up with
that anything can be more foreign from one's notions of what is
high-minded, religious and noble. Indeed, I must say it strikes
me that anyone who would do that, not for the honor of God, but for
his own purposes, is entitled to the most disdainful disapprobation
that the human mind can form."
Some of the orthodox Tory journals censured73 Lord Coleridge for these scathing74 remarks, but his lordship is not easily frightened by anonymous75 critics, and it is probable that, if he ever has to try another case like ours, he may denounce the prosecutors76 in still stronger language if their motives77 are so obviously sinister78 as were those of Sir Henry Tyler.
There was a great crowd of people outside the Mansion House on Tuesday morning, May 11, and we were lustily cheered as we entered. Long before the Lord Mayor, Sir Whittaker Ellis, took his seat on the Bench, every inch of standing79 space in the Justice Room was occupied. Mr. Bradlaugh took a seat near Mr. Lickfold and frequently tendered us hints and advice. Mr. Ramsey, Mr. Whittle, and I took our places in the dock as our names were called out by Mr. Gresham, the chief clerk of the court. Our summons alleged80 that we unlawfully did publish, or caused to be published, certain blasphemous81 libels in a newspaper called the Freethinker, dated the 28th of May, 1882.
Mr. Maloney, who appeared for the prosecution, seemed fully45 impressed with the gravity of his position, and when he rose he had the air of a man who bore the responsibility of defending in his single person the honor, if not the very existence, of our national religion. His first proceeding20 was very characteristic of a gentleman with such a noble task. He attempted to hand in as evidence against us several numbers of the Freethinker not mentioned in the summons, and these would have been at once admitted by the Lord Mayor, who was apparently82 used to accepting evidence in an extremely free and easy fashion, as is generally the case with the "great unpaid"; but Mr. Lickfold promptly83 intervened, and his lordship, seeing the necessity of carefulness, then held that it would be advisable to adhere to the one case that morning, and to take out fresh summonses for the other numbers. Mr. Maloney then proceeded to deal with the numbers before the Court. There were numerous blasphemies84 which, if we were committed for trial, would be set forth85 in the indictment86, but he would "spare the ears of the Court." One passage, however, he did read, and it is well to put on record, for the sake of those who talk about our "indecent" attacks on Christianity, what a prosecuting barrister felt he could rely on to procure87 our committal. It was as follows: "As for the Freethinker, he will scorn to degrade himself by going through the farce88 of reconciling his soul to a God whom he justly regards as the embodiment of crime and ferocity." Those words were not mine; they were from an article by one of my contributors; but I ask any reasonable man whether it is not ludicrous to prate89 about religious freedom in a country where writers run the risk of imprisonment for a sentence like that? As Mr. Maloney ended the quotation6 his voice sank to a supernatural whisper, he dropped the paper on the desk before him, and regarded his lordship with a look of pathetic horror, which the worthy90 magistrate37 fully reciprocated91. As I contemplated92 these two voluntary augurs93 of our national faith, and at the same time remembered that far stronger expressions might be found in the writings of Mill, Clifford, Amberley, Arnold, Newman, Conway, Swinburne, and other works in Mudie's circulating library, I could scarcely refrain from laughter.
The witnesses for the prosecution were of the ordinary type—policemen, detectives, and lawyer's clerks—with the exception of Mr. Charles Albert Watts94, who by accident or design found himself in such questionable95 company. This young gentleman is the son of Mr. Charles Watts and printer of the Secular96 Review, and he was called to prove that I was the editor of the Freethinker. With the most cheerful alacrity97 he positively98 affirmed that I was, although he had absolutely no more knowledge on the subject—as indeed he admitted on cross-examination—than any other member of the British public. His appearance in the witness-box is still half a mystery to me and I can only ask, Que le diable allait-il faire dans cette galere?
Ultimately the case was remanded till the following Monday, Mr. Maloney intimating that he should apply for fresh summonses for other numbers of the Freethinker, as well as a summons against Mr. Bradlaugh for complicity in our crime.
Let me here pause to consider how these prosecutions for blasphemy are initiated99. Under the Newspaper Libels Act no prosecution for libel can be commenced against the editor, publisher or proprietor of any newspaper, without the written fiat100 of the Public Prosecutor. This post is occupied by Sir John Maule, who enjoys a salary of L2,000 a year, and has the assistance of a well-appointed office in his strenuous101 labors102. Punch once pictured him fast asleep before the fire, with a handkerchief over his face, while all sorts of unprosecuted criminals plied103 their nefarious104 trades; and Mr. Justice Hawkins (I think) has denounced him as a pretentious105 farce. He is practically irresponsible, unlike the Attorney-General, who, being a member of the Government, is amenable106 to public opinion. Press laws, except in cases of personal libel, ought not to be neglected or enforced at the discretion107 of such an official. Every interference with freedom of speech, whenever it is deemed necessary, should be undertaken by the Government, or at least have its express sanction. Nothing of the sort happened in our case. On the contrary, Sir John Maule allowed our prosecution after Sir William Harcourt had condemned108 it. The Public Prosecutor set himself above the Home Secretary. Unfortunately the general press saw nothing anomalous109 or dangerous in such a state of things; for an official like Sir John Maule, while ready enough to sanction the prosecution of an unpopular journal, which presumably has few friends, is naturally reluctant, as events have shown, to allow proceedings against a powerful journal whose friends may be numerous and influential110. Fortunately, however, a select Committee of the House of Commons has taken a more sensible view of the Public Prosecutor and the duties he has so muddled111, and recommended the abolition112 of his office. Should this step be taken, his duties will probably be performed by the Solicitor-General, and the press will be freed from a danger it had not the sense or the courage to avert113. As for Sir John Maule, he will of course retire with a big pension, and live in fat ease for the rest of his sluggish114 life.
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1
memoranda
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| n. 备忘录, 便条 名词memorandum的复数形式 | |
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scattered
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| adj.分散的，稀疏的；散步的；疏疏落落的 | |
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3
imprisonment
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| n.关押，监禁，坐牢 | |
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prospect
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| n.前景，前途；景色，视野 | |
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5
chattered
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| （人）喋喋不休( chatter的过去式 )； 唠叨； （牙齿）打战； （机器）震颤 | |
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quotation
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| n.引文，引语，语录；报价，牌价，行情 | |
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7
quotations
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| n.引用( quotation的名词复数 )；[商业]行情（报告）；（货物或股票的）市价；时价 | |
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8
forte
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| n.长处，擅长；adj.(音乐)强音的 | |
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9
pedestrians
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| n.步行者( pedestrian的名词复数 ) | |
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10
fatigue
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| n.疲劳，劳累 | |
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11
jaded
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| adj.精疲力竭的；厌倦的；（因过饱或过多而）腻烦的；迟钝的 | |
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12
puffing
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| v.使喷出( puff的现在分词 )；喷着汽（或烟）移动；吹嘘；吹捧 | |
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13
casually
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| adv.漠不关心地，无动于衷地，不负责任地 | |
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14
mansion
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| n.大厦，大楼；宅第 | |
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15
blasphemy
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| n.亵渎，渎神 | |
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16
proprietor
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| n.所有人；业主；经营者 | |
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17
whittle
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| v.削（木头），削减；n.屠刀 | |
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18
prosecution
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| n.起诉，告发，检举，执行，经营 | |
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19
proceedings
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| n.进程，过程，议程；诉讼(程序)；公报 | |
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20
proceeding
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| n.行动，进行，(pl.)会议录，学报 | |
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21
perfectly
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| adv.完美地，无可非议地，彻底地 | |
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22
justified
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| a.正当的，有理的 | |
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23
bigotry
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| n.偏见，偏执，持偏见的行为[态度]等 | |
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24
tingle
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| vi.感到刺痛，感到激动；n.刺痛，激动 | |
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25
profess
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| v.声称，冒称，以...为业，正式接受入教，表明信仰 | |
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26
avow
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| v.承认，公开宣称 | |
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27
prosecutions
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| 起诉( prosecution的名词复数 )； 原告； 实施； 从事 | |
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28
sufficiently
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| adv.足够地，充分地 | |
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29
prosecutor
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| n.起诉人；检察官，公诉人 | |
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30
nominal
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| adj.名义上的；(金额、租金)微不足道的 | |
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31
nominally
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| 在名义上，表面地； 应名儿 | |
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32
prosecuted
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| a.被起诉的 | |
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33
impudence
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| n.厚颜无耻；冒失；无礼 | |
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34
pious
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| adj.虔诚的；道貌岸然的 | |
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35
downwards
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| adj./adv.向下的（地），下行的（地） | |
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36
harangued
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| v.高谈阔论( harangue的过去式和过去分词 ) | |
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37
magistrate
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| n.地方行政官，地方法官，治安官 | |
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38
magistrates
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| 地方法官，治安官( magistrate的名词复数 ) | |
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39
venal
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| adj.唯利是图的，贪脏枉法的 | |
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40
conspicuous
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| adj.明眼的，惹人注目的；炫耀的，摆阔气的 | |
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41
adept
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| adj.老练的，精通的 | |
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42
shareholders
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| n.股东( shareholder的名词复数 ) | |
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43
knight
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| n.骑士，武士；爵士 | |
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44
inquiry
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| n.打听，询问，调查，查问 | |
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45
fully
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| adv.完全地，全部地，彻底地；充分地 | |
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46
omnipotence
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| n.全能，万能，无限威力 | |
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47
deity
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| n.神，神性；被奉若神明的人(或物) | |
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48
infamous
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| adj.声名狼藉的，臭名昭著的，邪恶的 | |
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49
slumber
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| n.睡眠，沉睡状态 | |
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50
contemptible
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| adj.可鄙的，可轻视的，卑劣的 | |
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51
wretch
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| n.可怜的人，不幸的人；卑鄙的人 | |
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52
malice
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| n.恶意，怨恨，蓄意；[律]预谋 | |
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53
fangs
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| n.（尤指狗和狼的）长而尖的牙( fang的名词复数 )；（蛇的）毒牙；罐座 | |
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54
Christians
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| n.基督教徒( Christian的名词复数 ) | |
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55
bulwark
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| n.堡垒，保障，防御 | |
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56
insignificance
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| n.不重要；无价值；无意义 | |
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57
lessens
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| 变少( lessen的第三人称单数 )； 减少（某事物） | |
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58
infamy
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| n.声名狼藉，出丑，恶行 | |
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59
impair
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| v.损害，损伤；削弱，减少 | |
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60
sarcastically
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| adv.挖苦地，讽刺地 | |
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61
alluded
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| 提及，暗指( allude的过去式和过去分词 ) | |
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62
entirely
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| ad.全部地，完整地；完全地，彻底地 | |
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63
defender
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| n.保卫者，拥护者，辩护人 | |
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64
virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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65
guise
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| n.外表，伪装的姿态 | |
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66
zeal
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| n.热心，热情，热忱 | |
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67
sneer
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| v.轻蔑；嘲笑；n.嘲笑，讥讽的言语 | |
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68
relish
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| n.滋味，享受，爱好，调味品；vt.加调味料，享受，品味；vi.有滋味 | |
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69
irony
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| n.反语，冷嘲；具有讽刺意味的事，嘲弄 | |
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defendants
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| 被告( defendant的名词复数 ) | |
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71
prosecuting
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| 检举、告发某人( prosecute的现在分词 )； 对某人提起公诉； 继续从事（某事物）； 担任控方律师 | |
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72
partisan
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| adj.党派性的；游击队的；n.游击队员；党徒 | |
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73
censured
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| v.指责，非难，谴责( censure的过去式 ) | |
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74
scathing
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| adj.（言词、文章）严厉的，尖刻的；不留情的adv.严厉地，尖刻地v.伤害，损害（尤指使之枯萎）( scathe的现在分词) | |
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75
anonymous
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| adj.无名的；匿名的；无特色的 | |
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76
prosecutors
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| 检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人 | |
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77
motives
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| n.动机，目的( motive的名词复数 ) | |
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78
sinister
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| adj.不吉利的，凶恶的，左边的 | |
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standing
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| n.持续，地位；adj.永久的，不动的，直立的，不流动的 | |
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alleged
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| a.被指控的，嫌疑的 | |
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blasphemous
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| adj.亵渎神明的，不敬神的 | |
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apparently
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| adv.显然地；表面上，似乎 | |
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promptly
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| adv.及时地，敏捷地 | |
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blasphemies
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| n.对上帝的亵渎，亵渎的言词[行为]( blasphemy的名词复数 )；侮慢的言词（或行为） | |
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forth
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| adv.向前；向外，往外 | |
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indictment
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| n.起诉；诉状 | |
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87
procure
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| vt.获得，取得，促成；vi.拉皮条 | |
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farce
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| n.闹剧，笑剧，滑稽戏；胡闹 | |
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prate
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| v.瞎扯，胡说 | |
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worthy
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| adj.(of)值得的，配得上的；有价值的 | |
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reciprocated
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| v.报答，酬答( reciprocate的过去式和过去分词 )；（机器的部件）直线往复运动 | |
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contemplated
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| adj. 预期的 动词contemplate的过去分词形式 | |
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augurs
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| n.（古罗马的）占兆官( augur的名词复数 )；占卜师，预言者v.预示，预兆，预言( augur的第三人称单数 )；成为预兆；占卜 | |
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watts
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| （电力计量单位）瓦，瓦特( watt的名词复数 ) | |
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questionable
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| adj.可疑的，有问题的 | |
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secular
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| n.牧师，凡人；adj.世俗的，现世的，不朽的 | |
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alacrity
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| n.敏捷，轻快，乐意 | |
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positively
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| adv.明确地，断然，坚决地；实在，确实 | |
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initiated
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| n. 创始人 adj. 新加入的 vt. 开始，创始，启蒙，介绍加入 | |
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fiat
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| n.命令，法令，批准；vt.批准，颁布 | |
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strenuous
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| adj.奋发的，使劲的；紧张的；热烈的，狂热的 | |
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labors
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| v.努力争取(for)( labor的第三人称单数 )；苦干；详细分析；（指引擎）缓慢而困难地运转 | |
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plied
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| v.使用（工具）( ply的过去式和过去分词 )；经常供应（食物、饮料）；固定往来；经营生意 | |
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nefarious
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| adj.恶毒的，极坏的 | |
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pretentious
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| adj.自命不凡的，自负的，炫耀的 | |
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amenable
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| adj.经得起检验的；顺从的；对负有义务的 | |
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discretion
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| n.谨慎；随意处理 | |
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condemned
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| adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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anomalous
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| adj.反常的；不规则的 | |
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influential
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| adj.有影响的，有权势的 | |
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111
muddled
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| adj.混乱的；糊涂的；头脑昏昏然的v.弄乱，弄糟( muddle的过去式)；使糊涂；对付，混日子 | |
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abolition
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| n.废除，取消 | |
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113
avert
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| v.防止，避免；转移(目光、注意力等) | |
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sluggish
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| adj.懒惰的，迟钝的，无精打采的 | |
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