Mrs Besant had been prosecuted for publishing an obscene libel in the form of a book on abortion.
Held: The publication of the book was in itself sufficient grounds for removing Mrs Besant’s seven year old daughter from her mother’s custody.
Held: ‘I am sorry to say that there is another ground, which I should be glad to avoid dealing with if I could. Another accusation against Mrs Besant is this: It is said that in addition to these opinions on the questions as to the existence of a Deity and other speculative subjects, Mrs Besant has been guilty of immoral conduct in publishing an immoral or obscene book, or rather pamphlet. Now, I am sorry to say that on my attention being directed to some of the pages of this pamphlet I can entertain no doubt whatever as to its being an obscene publication.
My view is exactly the same as was entertained by the Lord chief Justice of England and a jury on the occasion of the trial of Mr Bradlaugh and Mrs Besant for the publication of this book, at which trial they were convicted. And although that conviction has been set aside on a technical point, a flaw in the indictment, no Judge, so far as I am aware, has for a moment doubted the propriety of that conviction. Besides that, it has also been condemned by a magistrate to be destroyed, and that decision has been confirmed by a Court of Quarter Sessions, a number of magistrates being assembled there. I think my view of the book is, if I may say so, fully confirmed and borne out by these previous decisions; although, even if I entertained a less strong opinion than I do, I ought not to hesitate to express that opinion.
Well, now, what is the result? The result of it is that Mrs Besant’s character is to be judged not only by the publication of the book, but by the conviction following from that publication, and one cannot expect modest women to associate with her. She may be a most conscientious person – that is to say, she may believe that all she has done was done by her for the purpose of doing good. I am not unwilling to admit that, and to credit her with good intentions, but if she has adopted a course which is reprobated by a vast majority of mankind, and in fact by the criminal law of this country, I do not think I should be right in saying that it would be beneficial for any young girl to be brought up by such a woman, and I think I should be guilty of a dereliction of duty if I allowed a young girl to be so brought up and educated in that way.’
Judges:
Sir George Jessel MR
Citations:
(1878) 11 ChD 508
Citing:
Cited – Bradlaugh v The Queen CA 1878
Conviction for publishing an obscene libel (abortion manual) overturned. . .
Appealed to – In Re Besant CA 9-Apr-1879
The appellant challenged an order removing her children after she had been prosecuted for publishing an obscene libel, in the form of a book on abortion.
Held: The appeal was dismissed. The court removed the daughter of Annie Besant and the . .
Cited by:
Appeal from – In Re Besant CA 9-Apr-1879
The appellant challenged an order removing her children after she had been prosecuted for publishing an obscene libel, in the form of a book on abortion.
Held: The appeal was dismissed. The court removed the daughter of Annie Besant and the . .
Cited – Regina (Smeaton) v Secretary of State for Health and Others Admn 18-Apr-2002
The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act.
Held: ‘SPUC’s case is that any . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 30 April 2022; Ref: scu.223709
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