CHAPTER V
When I entered Old Bailey on that memorable Wednesday, April 2nd, 1913,
to be tried for inciting to commit a felony, the court was packed with
women. A great crowd of women who could not obtain the necessary tickets
remained in the streets below for hours waiting news of the trial. A
large number of detectives from Scotland Yard, and a still larger number
of uniformed police were on duty both inside and outside the court. I
could not imagine why it was considered necessary to have such a
regiment of police on hand, for I had not, at that time, realised the
state of terror into which the militant movement, in its new
development, had thrown the authorities.
Mr. Bodkin and Mr. Travers Humphreys appeared to prosecute on behalf of
the Crown, and I conducted my own case, in consultation with my
solicitor, Mr. Marshall. The Judge, Mr. Justice Lush, having taken his
seat I entered the dock and listened to the reading of the indictment. I
pled "not guilty," not because I wished to evade responsibility for the
explosion,--I had already assumed that responsibility--but because the
indictment accused me of having wickedly and maliciously incited women
to crime. What I had done was not wicked of purpose, but quite the
opposite of wicked. I could not therefore truthfully plead guilty. The
trial having opened the Judge courteously asked me if I would like to
sit down. I thanked him, and asked if I might also have a small table on
which to place my papers. By orders of the Judge a table was brought me.
Mr. Bodkin opened the case by explaining the "Malicious Damages to
Property Act" of 1861, under which I was charged, and after describing
the explosion which had damaged the Lloyd-George house at Walton, said
that I was accused of being in the affair an accessory before the fact.
It was not suggested, he said, that I was present when the crime was
committed, but it was charged that I had moved and incited, counselled
and procured women whose names were unknown to carry out that crime. It
would be for the jury to decide, after the evidence had been presented,
whether the facts did not point most clearly to the conclusion that
women, probably two in number, who committed the crime were members of
the Women's Social and Political Union, which had its office in Kingsway
in London, and of which the defendant was the head, moving spirit and
recognised leader.
The blowing up of Mr. Lloyd-George's house was then described in detail.
That the damage was intended as an act against Mr. Lloyd-George was
clear, Mr. Bodkin said, from the malicious statements made against him
by the prisoner. He produced a private letter written by me to a friend
in which I had defended militancy, and said that not only had it become
a duty but in the circumstances it had also become a political
necessity. Said Mr. Bodkin:
"A letter of that kind proves very clearly several things. It shows
that she is the leader. It shows her influence over the emotional
members of this organisation. It shows that according to her, militancy
can be withheld for a time and let loose upon society at another time.
And it further shows that any person or any woman who wants to indulge
in militancy, which is only a picturesque expression for committing
crimes against society, has to communicate with her, and with her alone,
by word of mouth or by letter. That is the Proclamation which went out
to the members of this organisation. The plain language of that letter
is, 'If we don't get what we want, the Government and their members will
be responsible, and the Government and the public will be bullied into
giving us what we want.'"
Many extracts from my speeches made in January and February were read,
and the final speech made just before my arrest at Chelsea. But before
they were read I said:
"I wish to lodge an objection now to the police reports of my speeches.
They have been supplied to me, and the only report I accept is that of
the journalist of Cardiff who is one of the witnesses. He has furnished
a fairly accurate report of what I said in that town. The police reports
I do not accept. They are grossly inaccurate and ignorant and
ungrammatical, and they convey an absolutely wrong impression of what I
said in many respects."
Witnesses were then examined; the carter who heard and reported the
explosion; the foreman in charge of the damaged house, who told the
cost of the damages, and described the explosives, etc., found on the
premises; several police officers who told of finding hairpins and a
woman's rubber golosh in the house, and so on. Absolutely nothing was
brought out that tended to show that the Suffragettes had anything to do
with the affair. The Judge noted this for he said to Mr. Bodkin:
"I am not quite sure how you present this case. There are two ways of
looking at it. Do you only ask the jury to say that the defendant
specifically counselled the perpetration of this crime, or do you also
say that, looking at her speeches that you read--assuming you prove that
they were uttered--that the language used being a general incitement to
damage property, any one who acted on this invitation and perpetrated
this outrage would be incited by her to do it?"
Mr. Bodkin replied that the latter assumption was correct.
"I say that the speeches generally are incitement to all kinds of acts
of violence against property, and that they present evidence of attacks
against property and a particular individual, and that there is evidence
in the speeches which have been read, and which will be proved, of
admissions by Mrs. Pankhurst of having been connected with the
particular outrage in a way which makes her in law an accessory before
the fact."
"But you do not confine the case to the latter way of putting it?"
"No," replied Mr. Bodkin.
"Even if the jury are satisfied," said the Judge, "that Mrs. Pankhurst
was not directly connected with this outrage by counselling it, you
still ask the jury to say that by counselling, as you say she had in the
speeches, the destruction of property, especially that belonging to a
particular gentleman, anybody who acted on that and committed this
outrage would have been incited by her to do it?"
"Yes, my lord."
"I think, Mrs. Pankhurst, you now understand the way it is put?" asked
the Judge.
"I understand it quite well, my lord," I replied.
Proceedings were resumed on the following day, and the examination of
witnesses for the prosecution went on. At the close of the examination,
the Judge inquired whether I desired to call any witnesses. I replied:
"I do not desire to give evidence or to call any witnesses, but I desire
to address your Lordship."
I began by objecting to some of the things Mr. Bodkin had said in his
speech which concerned me personally. He had referred to me--or at least
his words conveyed the suggestion--that I was a woman riding about in my
motor car inciting other women to do acts which entail imprisonment and
great suffering, while I, perhaps indulging in some curious form of
pleasure, was protected, or thought myself protected, from serious
consequences. I said that Mr. Bodkin knew perfectly well that I shared
all the dangers the other women faced, that I had been in prison three
times, serving two of the sentences in full, and being treated like an
ordinary felon--searched, put in prison clothes, eating prison fare,
given solitary confinement and conforming to all the abominable rules
imposed upon women who commit crimes in England. I thought I owed it to
myself, especially as the same suggestions--in regard to the luxury in
which I lived, supported by the members of the W. S. P. U.--had been
made, not only by Mr. Bodkin in court, but by members of the Government
in the House of Commons--I thought I owed it to myself to say that I
owned no motor car and never had owned one. The car in which I
occasionally rode was owned by the organisation and was used for general
propaganda work. In that car, and in cars owned by friends I had gone
about my work as a speaker in the Woman Suffrage movement. It was
equally untrue, I said, that some of us were making incomes of L1,000 to
L1,500 a year out of the suffrage movement, as had actually been alleged
in the debates in the House in which members of Parliament were trying
to decide how to crush militancy. No woman in our organisation was
making any such income, or anything remotely like it. Myself, I had
sacrificed a considerable portion of my income because I had to
surrender a very important part of it in order to be free to do what I
thought was my duty in the movement.
Addressing myself to my defence I told the Court that it was a very
serious condition of things when a large number of respectable and
naturally law abiding people, people of upright lives, came to hold the
law in contempt, came seriously to making up their minds that they were
justified in breaking the law.
"The whole of good government," I said, "rests upon acceptance of the
law, upon respect of the law, and I say to you seriously, my lord, and
gentlemen of the jury, that women of intelligence, women of training,
women of upright life, have for many years ceased to respect the laws of
this country. It is an absolute fact, and when you look at the laws of
this country as they effect women it is not to be wondered at."
At some length I went over these laws, laws that made it possible for
the Judge to send me, if found guilty, to prison for fourteen years,
while the maximum penalty for offences of the most revolting kind
against little girls was only two years' imprisonment. The laws of
inheritance, the laws of divorce, the laws of guardianship of
children--all so scandalously unjust to women, I sketched briefly, and I
said that not only these laws and others, but the administration of the
laws fell so far short of adequacy that women felt that they must be
permitted to share the work of cleaning up the entire situation. I tried
here to tell of certain dreadful things that I had learned as the wife
of a barrister, things about some of the men in high places who are
entrusted with the administration of the law, of a judge of Assizes
where many hideous crimes against women were tried, this judge himself
being found dead one morning in a brothel, but the Court would not allow
me to go into personalities, as he called it, with regard to
"distinguished people," and told me that the sole question before the
jury was whether or not I was guilty as charged. I must speak on that
subject and on no other.
After a hard fight to be allowed to tell the jury the reasons why women
had lost respect for the law, and were making such a struggle in order
to become law makers themselves, I closed my speech by saying:
"Over one thousand women have gone to prison in the course of this
agitation, have suffered their imprisonment, have come out of prison
injured in health, weakened in body, but not in spirit. I come to stand
my trial from the bedside of one of my daughters, who has come out of
Holloway Prison, sent there for two months' hard labour for
participating with four other people in breaking a small pane of glass.
She has hunger-struck in prison. She submitted herself for more than
five weeks to the horrible ordeal of feeding by force, and she has come
out of prison having lost nearly two stone in weight. She is so weak
that she cannot get out of her bed. And I say to you, gentlemen, that is
the kind of punishment you are inflicting upon me or any other woman who
may be brought before you. I ask you if you are prepared to send an
incalculable number of women to prison--I speak to you as representing
others in the same position--if you are prepared to go on doing that
kind of thing indefinitely, because that is what is going to happen.
There is absolutely no doubt about it. I think you have seen enough even
in this present case to convince you that we are not women who are
notoriety hunters. We could get that, heaven knows, much more cheaply if
we sought it. We are women, rightly or wrongly, convinced that this is
the only way in which we can win power to alter what for us are
intolerable conditions, absolutely intolerable conditions. A London
clergyman only the other day said that 60 per cent. of the married women
in his parish were breadwinners, supporting their husbands as well as
their children. When you think of the wages women earn, when you think
of what this means to the future of the children of this country, I ask
you to take this question very, very seriously. Only this morning I have
had information brought to me which could be supported by sworn
affidavits, that there is in this country, in this very city of London
of ours, a regulated traffic, not only in women of full age, but in
little children; that they are being purchased, that they are being
entrapped, and that they are being trained to minister to the vicious
pleasures of persons who ought to know better in their positions of
life.
"Well, these are the things that have made us women determined to go on,
determined to face everything, determined to see this thing out to the
end, let it cost us what it may. And if you convict me, gentlemen, if
you find me guilty, I tell you quite honestly and quite frankly, that
whether the sentence is a long sentence, whether the sentence is a short
sentence, I shall not submit to it. I shall, the moment I leave this
court, if I am sent to prison, whether to penal servitude or to the
lighter form of imprisonment--because I am not sufficiently versed in
the law to know what his lordship may decide; but whatever my sentence
is, from the moment I leave this court I shall quite deliberately refuse
to eat food--I shall join the women who are already in Holloway on the
hunger strike. I shall come out of prison, dead or alive, at the
earliest possible moment; and once out again, as soon as I am physically
fit I shall enter into this fight again. Life is very dear to all of us.
I am not seeking, as was said by the Home Secretary, to commit suicide.
I do not want to commit suicide. I want to see the women of this country
enfranchised, and I want to live until that is done. Those are the
feelings by which we are animated. We offer ourselves as sacrifices,
just as your forefathers did in the past, in this cause, and I would ask
you all to put this question to yourselves:--Have you the right, as
human beings, to condemn another human being to death--because that is
what it amounts to? Can you throw the first stone? Have you the right to
judge women?
"You have not the right in human justice, not the right by the
constitution of this country, if rightly interpreted, to judge me,
because you are not my peers. You know, every one of you, that I should
not be standing here, that I should not break one single law--if I had
the rights that you possess, if I had a share in electing those who make
the laws I have to obey; if I had a voice in controlling the taxes I am
called upon to pay, I should not be standing here. And I say to you it
is a very serious state of things. I say to you, my lord, it is a very
serious situation, that women of upright life, women who have devoted
the best of their years to the public weal, that women who are engaged
in trying to undo some of the terrible mistakes that men in their
government of the country have made, because after all, in the last
resort, men are responsible for the present state of affairs--I put it
to you that it is a very serious situation. You are not accustomed to
deal with people like me in the ordinary discharge of your duties; but
you are called upon to deal with people who break the law from selfish
motives. I break the law from no selfish motive. I have no personal end
to serve, neither have any of the other women who have gone through this
court during the past few weeks, like sheep to the slaughter. Not one of
these women would, if women were free, be law-breakers. They are women
who seriously believe that this hard path that they are treading is the
only path to their enfranchisement. They seriously believe that the
welfare of humanity demands this sacrifice; they believe that the
horrible evils which are ravaging our civilisation will never be removed
until women get the vote. They know that the very fount of life is being
poisoned; they know that homes are being destroyed; that because of bad
education, because of the unequal standard of morals, even the mothers
and children are destroyed by one of the vilest and most horrible
diseases that ravage humanity.
"There is only one way to put a stop to this agitation; there is only
one way to break down this agitation. It is not by deporting us, it is
not by locking us up in gaol; it is by doing us justice. And so I appeal
to you gentlemen, in this case of mine, to give a verdict, not only on
my case, but upon the whole of this agitation. I ask you to find me not
guilty of malicious incitement to a breach of the law.
"These are my last words. My incitement is not malicious. If I had
power to deal with these things, I would be in absolute obedience to the
law. I would say to women, 'You have a constitutional means of getting
redress for your grievances; use your votes, convince your fellow-voters
of the righteousness of your demands. That is the way to obtain
justice.' I am not guilty of malicious incitement, and I appeal to you,
for the welfare of the country, for the welfare of the race, to return a
verdict of not guilty in this case that you are called upon to try."
After recapitulating the charge the Judge, in summing up, said:
"It is scarcely necessary for me to tell you that the topics urged by
the defendant in her address to you with regard to provocation by the
laws of the country and the injustice done to women because they are not
given the vote as men are, have no bearing upon the question you have to
decide.
"The motive at the back of her mind, or at the back of the minds of
those who actually did put the gunpowder there, would afford no defence
to this indictment. I am quite sure you will deal with this case upon
the evidence, and the evidence alone, without regard to any question as
to whether you think the law is just or unjust. It has nothing to do
with the case. I should think you will probably have no doubt that this
defendant, if she did these things charged against her, is not actuated
by the ordinary selfish motive that leads most of the criminals who are
in this dock to commit the crimes that they do commit. She is none the
less guilty if she did these things which are charged against her,
although she believes that by means of this kind the condition of
society will be altered."
The jury retired, and soon after the afternoon session of the court
opened they filed in, and in reply to the usual question asked by the
clerk of arraigns, said that they had agreed upon a verdict. Said the
clerk:
"Do you find Mrs. Pankhurst guilty or not guilty?"
"Guilty," said the foreman, "with a strong recommendation to mercy."
I spoke once more to the Judge.
"The jury have found me guilty, with a strong recommendation to mercy,
and I do not see, since motive is not taken into account in human laws,
that they could do otherwise after your summing up. But since motive is
not taken into account in human laws, and since I, whose motives are not
ordinary motives, am about to be sentenced by you to the punishment
which is accorded to people whose motives are selfish motives, I have
only this to say: If it was impossible for a different verdict to be
found; if it is your duty to sentence me, as it will be presently, then
I want to say to you, as a private citizen, and to the jury as private
citizens, that I, standing here, found guilty by the laws of my country,
I say to you it is your duty, as private citizens, to do what you can to
put an end to this intolerable state of affairs. I put that duty upon
you. And I want to say, _whatever the sentence you pass upon me, I shall
do what is humanly possible to terminate that sentence at the earliest
possible moment. I have no sense of guilt. I feel I have done my duty. I
look upon myself as a prisoner of war. I am under no moral obligation
to conform to, or in any way accept, the sentence imposed upon me._ I
shall take the desperate remedy that other women have taken. It is
obvious to you that the struggle will be an unequal one, but I shall
make it--I shall make it as long as I have an ounce of strength left in
me, or any life left in me.
"I shall fight, I shall fight, I shall fight, from the moment I enter
prison to struggle against overwhelming odds; I shall resist the doctors
if they attempt to feed me. I was sentenced last May in this court to
nine months' imprisonment. I remained in prison six weeks. There are
people who have laughed at the ordeal of hunger-striking and forcible
feeding. All I can say is, and the doctors can bear me out, that I was
released because, had I remained there much longer, I should have been a
dead woman.
"I know what it is because I have gone through it. My own daughter[4]
has only just left it. There are women there still facing that ordeal,
facing it twice a day. Think of it, my lord, twice a day this fight is
gone through. Twice a day a weak woman resisting overwhelming force,
fights and fights as long as she has strength left; fights against women
and even against men, resisting with her tongue, with her teeth, this
ordeal. Last night in the House of Commons some alternative was
discussed, or rather, some additional punishment. Is it not a strange
thing, my lord, that laws which have sufficed to restrain men
throughout the history of this country do not suffice now to restrain
women--decent women, honourable women?
"Well, my lord, I do want you to realise it. I am not whining about my
punishment, I invited it. I deliberately broke the law, not hysterically
or emotionally, but of set serious purpose, because I honestly feel it
is the only way. Now, I put the responsibility of what is to follow upon
you, my lord, as a private citizen, and upon the gentlemen of the jury,
as private citizens, and upon all the men in this court--what are you,
with your political powers, going to do to end this intolerable
situation?
"_To the women I have represented, to the women who, in response to my
incitement, have faced these terrible consequences, have broken laws, to
them, I want to say I am not going to fail them, but to face it as they
face it, to go through with it, and I know that they will go on with the
fight whether I live or whether I die._
"_This movement will go on and on until we have the rights of citizens
in this country, as women have in our Colonies, as they will have
throughout the civilised world before this woman's war is ended._
"That is all I have to say."
Mr. Justice Lush, in passing sentence, said: "It is my duty, Mrs.
Emmeline Pankhurst, and a very painful duty it is, to pass what, in my
opinion, is a suitable and adequate sentence for the crime of which you
have been most properly convicted, having regard to the strong
recommendation to mercy by the jury. I quite recognise, as I have
already said, that the motives that have actuated you in committing
this crime are not the selfish motives that actuate most of the persons
who stand in your position, but although you blind your eyes to it, I
cannot help pointing out to you that the crime of which you have been
convicted is not only a very serious one, but, in spite of your motives,
it is, in fact, a wicked one. It is wicked because it not only leads to
the destruction of property of persons who have done you no wrong, but
in spite of your calculations, it may expose other people to the danger
of being maimed or even killed. It is wicked because you are, and have
been, luring other people--young women, it may be--to engage in such
crimes, possibly to their own ruin; and it is wicked, because you cannot
help being alive to it if you would only think.
"You are setting an example to other persons who may have other
grievances that they legitimately want to have put right by embarking on
a similar scheme to yours, and trying to effect their object by
attacking the property, if not the lives, of other people. I know,
unfortunately--at least, I feel sure--you will pay no heed to what I
say. I only beg of you to think of these things."
"I have thought of them," I interjected.
"Think, if only for one short hour, dispassionately," continued the
majesty of law, "I can only say that, although the sentence I am going
to pass must be a severe one, must be adequate to the crime of which you
have been found guilty, if you would only realise the wrong you are
doing, and the mistake you are making, and would see the error you have
committed, and undertake to amend matters by using your influence in a
right direction, I would be the first to use all my best endeavours to
bring about a mitigation of the sentence I am about to pass.
"I cannot, and I will not, regard your crime as a merely trivial one. It
is not. It is a most serious one, and, whatever you may think, it is a
wicked one. I have paid regard to the recommendation of the jury. You
yourself have stated the maximum sentence which this particular offence
is by the legislature thought to deserve. The least sentence I can pass
upon you is a sentence of three years' penal servitude."
As soon as the sentence was pronounced the intense silence which had
reigned throughout the trial was broken, and an absolute pandemonium
broke out among the spectators. At first it was merely a confused and
angry murmur of "Shame!" "Shame!" The murmurs quickly swelled into loud
and indignant cries, and then from gallery and court there arose a great
chorus uttered with the utmost intensity and passion. "Shame!" "Shame!"
The women sprang to their feet, in many instances stood on their seats,
shouting "Shame!" "Shame!" as I was conducted out of the dock in charge
of two wardresses. "Keep the flag flying!" shouted a woman's voice, and
the response came in a chorus: "We will!" "Bravo!" "Three cheers for
Mrs. Pankhurst!" That was the last I heard of the courtroom protest.
Afterwards I heard that the noise and confusion was kept up for several
minutes longer, the Judge and the police being quite powerless to
obtain order. Then the women filed out singing the Women's
Marseillaise--
"March on, march on,
Face to the dawn,
The dawn of liberty."
The Judge flung after their retreating forms the dire threat of prison
for any woman who dared repeat such a scene. Threat of prison--to
Suffragettes! The women's song only swelled the louder and the corridors
of Old Bailey reverberated with their shouts. Certainly that venerable
building had never in its checkered history witnessed such a scene. The
great crowd of detectives and police who were on duty seemed actually
paralysed by the audacity of the protest, for they made no attempt to
intervene.
At three o'clock, when I left the court by a side entrance in Newgate
Street, I found a crowd of women waiting to cheer me. With the two
wardresses I entered a four wheeler and was driven to Holloway to begin
my hunger strike. Scores of women followed in taxicabs, and when I
arrived at the prison gates there was another protest of cheers for the
cause and boos for the law. In the midst of all this intense excitement
I passed through the grim gates into the twilight of prison, now become
a battle-ground.
FOOTNOTE:
[4] Sylvia Pankhurst, who was forcibly fed for five weeks, during an
original sentence of two months imposed for breaking one window.