"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 1,000 to 1,500 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 a.s.sizes 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 partic.i.p.ating with four other people in breaking a small pane of gla.s.s.
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 const.i.tution 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 enfranchis.e.m.e.nt. 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 const.i.tutional 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 pa.s.s 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 pa.s.sing sentence, said: "It is my duty, Mrs.
Emmeline Pankhurst, and a very painful duty it is, to pa.s.s 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, dispa.s.sionately," continued the majesty of law, "I can only say that, although the sentence I am going to pa.s.s 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 pa.s.s.
"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 pa.s.s upon you is a sentence of three years" penal servitude."
As soon as the sentence was p.r.o.nounced 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 pa.s.sion. "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 Ma.r.s.eillaise--
"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 pa.s.sed 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.
CHAPTER VI
Prison had indeed been for us a battle-ground ever since the time when we had solemnly resolved that, as a matter of principle, we would not submit to the rules that bound ordinary offenders against the law. But when I entered Holloway on that April day in 1913, it was with full knowledge that I had before me a far more prolonged struggle than any that the militant suffragists had hitherto faced. I have described the hunger strike, that terrible weapon with which we had repeatedly broken our prison bars. The Government, at their wits" end to cope with the hunger strikers, and to overcome a situation which had brought the laws of England into such scandalous disrepute, had had recourse to a measure, surely the most savagely devised ever brought before a modern Parliament.
In March of that year, while I was waiting trial on the charge of conspiring to destroy Mr. Lloyd-George"s country house, a bill was introduced into the House of Commons by the Home Secretary, Mr. Reginald McKenna, a bill which had for its avowed object the breaking down of the hunger strike. This measure, now universally known as the "Cat and Mouse Act," provided that when a hunger striking suffrage prisoner (the law was frankly admitted to apply only to suffrage prisoners) was certified by the prison doctors to be in danger of death, she could be ordered released on a sort of a ticket of leave for the purpose of regaining strength enough to undergo the remainder of her sentence. Released, she was still a prisoner, the prisoner, or the patient, or the victim, as you may choose to call her, being kept under constant police surveillance. According to the terms of the bill the prisoner was released for a specified number of days, at the expiration of which she was supposed to return to prison on her own account. Says the Act:
"The period of temporary discharge may, if the Secretary of State thinks fit, be extended on a representation of the prisoner that the state of her health renders her unfit to return to prison. If such representation be made, the prisoner shall submit herself, if so required, for medical examination by the medical officer of the above mentioned prison, or other registered medical pract.i.tioner appointed by the Secretary of State.