The next stage of the prosecution was the seizure of our book packets and letters in the Post-office by the Tory Government. The “Freethinker’s Text Book”, the National Reformer, and various pamphlets were seized, as well as the “Fruits of Philosophy”, and sealed letters were opened. Many meetings were held denouncing the revival of a system of Government espionage which, it was supposed, had died out 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.