Prison life is monotonous. Day follows day in weary succession. Except for the card on your door you might lose count of the weeks and forget the date. I went on eating my miserable food with such appetite as I had; I crawled between heaven and earth for one hour in every twenty-four; I picked my fibre to kill the time; and I waded through my only book, the Bible, with the patience of a mule. Weeks rolled by with only one remarkable feature, and that was Good Friday. The "sacred day" was observed as a Sabbath. There was no work and no play. Christians outside were celebrating the Passion of their Redeemer with plenteous eating and copious drinking, and dance and song; while I and my two fellow-prisoners, who had no special cause for sadness on that day, were compelled to spend it like hermits. Chapel hours brought the only relief. Parson Plaford thought it an auspicious occasion for preaching one of his silliest sermons, and when I returned to my cell I was greatly refreshed. Opening my Bible, I read the four accounts of the Crucifixion, and marvelled how so many millions of people could regard them as consistent histories, until I reflected that they never took the trouble to read them one after another at a single sitting. Once or twice I caught a glimpse of Mr. Ramsey in chapel, and I occasionally saw Mr. Kemp in the exercise-ground. But I knew nothing of what was going on outside. One day, however, the outer silence was broken. The Governor entered my cell in the morning, and told me he had received a letter from Mr. Bradlaugh, stating that our original Indictment (in which he was included) would be tried in a few days, and that he had an order from the Home Office to see Mr. Ramsey and me separately. It was some day early in April; I forget exactly when. But I recollect that Mr. Bradlaugh came up the same afternoon. He saw me in the Governor's office. We shook hands heartily, and plunged into conversation, while the Governor sat turning over papers at his desk.
Mr. Bradlaugh told me how our Indictment stood. It would be tried very soon. He was going to insist on being tried separately, and had no doubt he should be. In that event, his case would precede ours. What did I intend to do? His advice was that I should plead inability to defend myself while in prison, and ask for a postponement until after my release. If that were done he believed I should never hear of the Indictment again.
My view was different. I doubted whether another conviction would add to my sentence, and I was anxious to secure the moral advantage of a careful and spirited defence in the Court of Queen's Bench before the Lord Chief Justice of England. The Governor had already supplied me with writing materials, and I had begun to draw up a list of books I might require, which I intended to send to Mr. Wheeler.
"Oh," said Mr. Bradlaugh, brusquely, "you need not send anything to Mr. Wheeler; he's gone insane."
"What!" I gasped. The room darkened to my vision as though the sun had been blotted out. The blow went to my heart like a dagger.
"Come," said Mr. Bradlaugh in a kinder tone, "if you take the news in that way I shall tell you no more."
"It is over," I answered. "Pray go on."
I crushed down my feelings, but it was not over. Mr. Bradlaugh did not know the nature of my friendship with Mr. Wheeler; how old and deep it was, how inwrought with the roots of my being. When I returned to my cell I went through my agony and bloody sweat. I know not how long it lasted. For awhile I stood like a stone image; anon I paced up and down like a caged tiger. One word burned like a lurid sun through a bloody mist. Mad! The school-master called on business. "Don't speak," I said. He cast a frightened look at my face and retired. At length relief came. The thunder-cloud of grief poured itself in a torrent of tears, the only ones my persecutors ever wrung from me. Over the flood of sorrow rose the rainbow of hope. He is only broken down, I thought; his delicate organisation has succumbed to a trial too great for its strength; rest and generous attention will restore him. Courage! All will be well.
And all is well. My friend is by my side again. He had relapses after his first recovery, for it was an awful blow; but I was in time to shield him from the worst of these. Scientific treatment, and a long stay at the seaside, renovated his frame. He has worked with me daily since at our old task, and I trust we shall labor together till there comes "The poppied sleep, the end of all."
I spent the next few days in preparing a new defence for my third trial for Blasphemy. During that time I was allowed an interview with two friends every afternoon. Mrs. Besant was one of my earliest visitors. I learned that the Freethinker was still appearing under the editorship of Dr. E. B. Aveling, who conducted it until my release; and that the business affairs of Mr. Ramsey and myself were being ably and vigilantly superintended by a committee consisting of Mrs. Besant, and Messrs. R. O. Smith, A. Hilditch, J. Grout, G. Standring and C. Herbert. There was, in addition, a Prisoners' Aid Fund opened and liberally subscribed to, out of which our wives and families were provided for.
On the morning of April 10, soon after breakfast, and while the prisoners were marshalling for chapel, I was conducted to a cell in front of the gaol, and permitted to array myself once more in a civilized costume. My clothes, like myself, were none the better for their imprisonment; but I felt a new man as I donned them, and trolled operatic airs, while warder Smith cried, "Hush!"
Mr. Ramsey went through a similar process. We met in the great hall, and in defiance of all rules and regulations, I shook him heartily by the hand. He looked thin, pale, and careworn; and the new growth of hair on his chin did not add to his good looks. After our third trial he got stout again, and it was I who scaled less and less. Perhaps his shoemaking gave him a better appetite; and perhaps I studied too much for the quantity and quality of prison blood.
Each of was accommodated with a four-wheeler, and a warder armed with a cutlass to guard us from all danger. It was a beautiful spring morning, and the sunlight looked glorious as we rattled down the Caledonian Road. I felt new-born. The early flowers in the street barrows were miracles of loveliness, and the very vegetables had a supernal charm. Tradesmen's names over their shops were wonderfully vivid. Every letter seemed fresh-painted, and after the dinginess of prison, the crude decorations struck me as worthy of the old masters.
Arriving at the rear of the Law Courts, we found many friends awaiting us. Colonel Milman was obliged to protect us from their demonstrations of welcome. Everyone of them seemed desirous to wring off an arm as a souvenir of the occasion. Inside I met Mr. Bradlaugh, Mrs. Besant, Dr. Aveling, and a host of other friends. My wife looked pale and haggard. She had evidently suffered much. But seeing me again was a great relief, and she bore the remainder of her long trial with more cheerfulness.
Mr. Bradlaugh's trial lasted three days, and we were brought up on each occasion. It was what the Americans call a fine time. A grateful country found us in cabs and attendants, and our friends found us in dinner. When the first day's adjournment came at one o'clock, my counsel, Mr. Cluer, asked what he should order for us. "What a question!" we cried. "Something soon, and plenty of it." It was boiled mutton, turnips, and potatoes. We proved ourselves excellent trenchermen, for it was our first square meal for weeks; and a group, including some of the jury, watched us feed.
Lord Coleridge's summing up in Mr. Bradlaugh's case was a wonderful piece of art. The even beauty of his voice, the dignity of his manner, the pathetic gravity with which he appealed to the jury to cast aside all prejudice against the defendant, combined to render his charge one of the great memories of my life.
The jury retired for half an hour, and returned with a verdict of Not Guilty! Mr. Bradlaugh was deeply affected. I shook his hand without a word, for I was speechless. I was inexpressibly glad that the enemy had not crippled him in his parliamentary struggle, and that his recent victory in the House of Lords, after years of litigation, was crowned by a happy escape from their worst design.
Our trial took place the next week, and lasted only two days, as we had no technical points to argue. Mr. Wheeler came up from Worcestershire to see me. He was still very weak, and obviously suffering from intense excitement. Still it was a pleasure to see his face and clasp his hand.
Sir Hardinge Giffard gloomed on us with his wintry face, but he left the conduct of the case almost entirely to Mr. Maloney. The evidence against us was overpowering, and we did not seriously contest it. Mr. Ramsey read a brief speech after lunch, and precisely at two o'clock I rose to make my defence, which lasted two hours and forty minutes.
The table before me was crowded with books and papers, and I held a sheet of references that looked like a brief. My first step was to pay Judge North an instalment of the debt I owed him.
     "My lord, and gentlemen of the jury,—I am very happy, not to
     stand in this position, but to learn what I had not learned
     before—how a criminal trial should be conducted, notwithstanding
     that two months ago I was tried in another court, and before
     another judge.  Fortunately, the learned counsel, who are conducting
     this prosecution have not now a judge who will allow them to
     walk out of court while he argues their brief for them in
     their absence."
Lord Coleridge interrupted me. "You must learn one more lesson, Mr. Foote, and that is, that one judge cannot hear another judge censured, or even commended."
I was checkmated, but taking it with a good grace, I said:
     "My lord, thank you for the correction.  And I will simply
     confine the observations I might have made on that subject to
     the emphatic statement that I have learnt to-day, for the first
     time—although this is the second time I have had to answer a
     criminal charge—how a criminal trial should be conducted."
His lordship did not interrupt me again. During the whole of my long defence he leaned his head upon his hand, and looked steadily at me, without once shifting his gaze.
To put the jury in a good frame of mind I told them that two months before I fell among thieves, and congratulated myself on being able to talk to twelve honest men. In order, also, that they might be disabused of the idea that we were being treated as first-class misdemeanants, I informed them of the discipline we were really subjected to; and I saw that this aroused their sympathy.
Those who wish to read my defence in extenso will find it in the "Three Trials for Blasphemy." I shall content myself here with a few points. I quoted heretical, and, as I contended, blasphemous passages from the writings of Professor Huxley, Dr. Maudsley, Herbert Spencer, John Stuart Mill, Matthew Arnold, Lord Amberly, the Duke of Somerset, Shelley, Byron, James Thomson, Algernon Swinburne, and others; and I urged that the only difference between these passages and the incriminated parts of my paper consisted in the price t which they were published. Why, I asked, should the high-class blasphemer be petted by society, and the low-class blasphemer be made to bear their sins, and driven forth into the wilderness of Holloway Gaol?
Lord Coleridge, in his summing up, supported my view, and his admission is so important that I venture to give it in full.
     "With regard to some of the others from whom Mr. Foote
     quoted passages, I heard many of them for the first time.
     I do not at all question that Mr. Foote read them correctly.
     They are passages which, hearing them only from him for the
     first time, I confess I have a difficulty in distinguishing
     from the incriminated publication.  They do appear to me to
     be open to exactly the same charge and the same grounds of
     observation that Mr. Foote's publications are.  He says—and
     I don't call upon him to prove it, I am quite willing to take
     his word—he says many of these things are written in expensive
     books, published by publishers of known eminence, and that
     they circulate in the drawing-rooms, studies, and libraries
     of persons of position.  It may be so.  All I can say here is—
     and so far I can answer for myself—I would make no distinction
     between Mr. Foote and anybody else; and if there are persons,
     however eminent they may be, who used language, not fairly
     distinguishable from that used by Mr. Foote, and if they are
     ever br............