deputation from the Christian Evidence Society
waited upon Mr. Cross to urge the Tory Government to prosecute
us--warrants were issued against us and we were arrested on April 6th.
Letters of approval and encouragement came from the most diverse
quarters, including among their writers General Garibaldi, the
well-known economist, Yves Guyot, the great French constitutional
lawyer, Emile Acollas, together with letters literally by the hundred
from poor men and women thanking and blessing us for the stand taken.
Noticeable were the numbers of letters from clergymen's wives, and
wives of ministers of all denominations.
After our arrest we were taken to the police-station in Bridewell
Place, and thence to the Guildhall, where Alderman Figgins was
sitting, before whom we duly appeared, while in the back of the court
waited what an official described as "a regular waggon-load of bail."
We were quickly released, the preliminary investigation being fixed
for ten days later--April 17th. At the close of the day the magistrate
released us on our own recognisances, without bail; and it was so
fully seen on all sides that we were fighting for a principle that no
bail was asked for during the various stages of the trial. Two days
later we were committed for trial at the Central Criminal Court, but
Mr. Bradlaugh moved for a writ of _certiorari_ to remove the trial to
the Court of Queen's Bench; Lord Chief Justice Cockburn said he would
grant the writ if "upon looking at it (the book), we think its object
is the legitimate one of promoting knowledge on a matter of human
interest," but not if the science were only a cover for impurity, and
he directed that copies of the book should be handed in for perusal by
himself and Mr. Justice Mellor. 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
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