in England, and so great
was the commotion raised that a stop was soon put to this form of
Government theft, and we recovered the stolen property. On May 15th Mr.
Edward Truelove was attacked for the publication of Robert Dale Owen's
"Moral Physiology", and of a pamphlet entitled "Individual, Family, and
National Poverty", and as both were pamphlets dealing with the Population
Question, Mr. Truelove's case was included in the general defence.
Among the witnesses we desired to subpoena was Charles Darwin, as we
needed to use passages from his works; he wrote back a most interesting
letter, telling us that he disagreed with preventive checks to population
on the ground that over-multiplication was useful, since it caused a
struggle for existence in which only the strongest and the ablest
survived, and that he doubted whether it was possible for preventive
checks to serve as well as positive. He asked us to avoid calling him if
we could: "I have been for many years much out of health, and have been
forced to give up all society or public meetings, and it would be great
suffering to me to be a witness in court.... If it is not asking too
great a favor, I should be greatly obliged if you would inform me what
you decide, as apprehension of the coming exertion would prevent the rest
which I require doing me much good." Needless to add that I at once wrote
to Mr. Darwin that we would not call him, but his gentle courtesy has
always remained a pleasant memory to me. Another kind act was that of the
famous publisher, Mr. H.G. Bohn, who volunteered himself as a witness,
and drew attention to the fact that every publisher of serious literature
was imperilled by the attempt to establish a police censorship.
The trial commenced on June 18th, in the Court of Queen's Bench at
Westminster, before the Lord Chief Justice of England and a special jury.
Sir Hardinge Giffard, the Solicitor-General of the Tory Government, Mr.
Douglas Straight, and Mr. Mead, were the prosecuting counsel. The special
jury consisted of the following: Alfred Upward, Augustus Voelcker,
Captain Alfred Henry Waldy, Thomas Richard Walker, Robert Wallace, Edmund
Waller, Arthur Walter, Charles Alfred Walter, John Ward, Arthur Warre;
the two talesmen, who were afterwards added to make up the number, were
George Skinner and Charles Wilson.
The Solicitor-General made a bitter and violent speech, full of party
hate and malice, endeavoring to prejudice the jury against
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