The worthy magistrate duly committed us for trial, accepting our own recognizances in L200 each to appear at the Central Criminal Court on May 7th.  To the Central Criminal Court, however, we had not the smallest intention of going, if we could possibly avoid it, so Mr. Bradlaugh immediately took steps to obtain a writ of certiorari to remove the indictment to the Court of Queen’s Bench.  On April 27th Mr. Bradlaugh moved for the writ before Lord Chief Justice Cockburn and Mr. Justice Mellor, and soon after he began his argument the judge stopped him, saying that he would grant the writ if, “upon, looking at it we think its object is the legitimate one of promoting knowledge on a matter of human interest, then, lest there should be any miscarriage resulting from any undue prejudice, we might think it is a case for trial by a judge and a special jury.  I do not say it is so, mark, but only put it so, that if, on the other hand, science and philosophy are merely made the pretence of publishing a book which is calculated to arouse the passions of those who peruse it, then it follows that we must not allow the pretence to prevail, and treat the case otherwise than as one which may come before anybody to try.  If we really think it is a fair question as to whether it is a scientific work or not, and its object is a just one, then we should be disposed to accede to your application, and allow it to be tried by a judge and special jury, and for that purpose allow the proceedings to be removed into this court.  But, before we decide that, we must look into the book and form our own judgment as to the real object of the work.”

Two copies of the book were at once handed up to the Bench, and on April 30th the Court granted the writ, the Lord Chief Justice saying:  “We have looked at the book which is the subject-matter of the indictment, and we think it really raises a fair question as to whether it is a scientific production for legitimate purposes, or whether it is what the indictment alleged it to be, an obscene publication.”  Further, the Court accepted Mr. Bradlaugh’s recognisances for L400 for the costs of the prosecution.

Some, who have never read the Knowlton pamphlet, glibly denounce it as a filthy and obscene publication.  The Lord Chief Justice of England and Mr. Justice Mellor, after reading it, decided to grant a writ which they had determined not to grant if the book had merely a veneer of science and was “calculated to arouse the passions”.  Christian bigotry has ever since 1877 striven to confound our action with the action of men who sell filth for gain, but only the shameless can persist in so doing when their falsehoods are plainly exposed, as they are exposed here.