Archibald Bodkin
Encyclopedia
Sir Archibald Henry Bodkin KCB
(1862–1957) was an English lawyer and the Director of Public Prosecutions
from 1920 to 1930. He particularly took a stand against the publication of what he saw as 'obscene' literature.
in London
, England. After completing his schooling, it was originally intended that he should join his brother on a South Africa
n farm; to this end, he spent a year working on a farm near Barnsley
. However, he had already expressed a wish to become a barrister
, and so when the South African idea could not be organised, he entered the Inner Temple
, and was called to the Bar in 1885.
s—prior to the Indictments Act 1915
this was a highly specialised field. He disdained the theatrical devices popular amongst other barristers of the day; his style was built on a solid appreciation of the facts of the case. He virtually always appeared for the prosecution, and whilst determined to secure convictions, did not over-press a weak case. He rarely took holidays, and in addition to his prosecuting work, he built up a reputation in licensing law. These cases were usually held in a separate legal term, in August, so this did not interfere with his regular work.
On 8 July 1891 he married Maud Beatrice Bush, whose father, Robert Wheler Bush was vicar
of St Alphage London Wall
. The following year he was appointed a "Treasury devil" at the Old Bailey
and rapidly established a reputation as a leading prosecutor. On 1 July 1901 he was also appointed Recorder
(a part-time judge) of the Borough of Dover
(succeeding his uncle, Sir Harry Bodkin Poland).
During the First World War he undertook many prosecutions of spies, in particular that of Carl Hans Lody
, and was also heavily involved in building the case against Roger Casement
. The wartime period also included his leading role in prosecuting the "Brides in the bath" case, which saw him calling 112 witnesses for the Crown. He was knighted
in 1917.
In 1920, he replaced Sir Charles Mathews
as Director of Public Prosecutions, this required him to resign as Recorder. In the 1920s he tried to ban Ulysses
by James Joyce
and even threatened in 1922 to prosecute the academic F. R. Leavis
if he mentioned it in his lectures at Cambridge University since it contained "a great deal of unmitigated filth and obscenity". On December 29, 1922 he banned the book, saying "As might be supposed I have not had the time, nor may I add the inclination to read through this book. I have, however, read pages 690 to 732." He also stated he could not make "head nor tail" of the book. The British ban remained until 1936. In the 1924 King's Birthday Honours he was appointed a Knight Commander of the Order of the Bath (KCB).
He also successfully opposed the 1928 lesbian
novel by Radclyffe Hall
, The Well of Loneliness
, and attempted to find an expert who would tell a court of:
Eventually, Sir William Henry Willcox gave evidence for the government and the book was not released until 1949. He also opposed the publication of D. H. Lawrence
's poem Pansies.
Hard-working as ever, he would examine over 2000 sets of case papers each year. He was always first to arrive at his office. However, he was a poor delegater, continuing to draft indictments personally when that was really a job for junior counsel
. He always took work home at the weekend, and it is a persistent rumour that he was once seen leaving chambers on Christmas evening, carrying a set of legal papers.
His time as DPP was not without controversy. In 1924 he began the prosecution of John Campbell, acting editor of Workers' Weekly
, using the Incitement to Mutiny Act 1797
. The collapse of the case led to the fall of the first Labour government to have held office in the United Kingdom
since it was seen as evidence of communist influence on Labour Party politicians. Fortunately for Bodkin, the Attorney-General, Sir Patrick Hastings
, took responsibility for the failure of the case. However, the events of 1928 were entirely of Bodkin's making. The affair began with the acquittal in the Magistrates' Court
of Sir Leo Chiozza Money
and Irene Savidge on charges of indecent behaviour. This led to an investigation into possible perjury
charges against the police officers who had arrested them. However, the investigation, led by Bodkin, turned into more of a re-examination of Money and Savidge, and he was particularly criticised for a lengthy interrogation of Savidge at New Scotland Yard on 15 May 1928. Questions were asked in parliament, and although both the police and Bodin were exonerated by the Home Secretary
, the case raised important questions about the extent of the roles of police and the DPP.
In March 1930 he suddenly resigned, clearing his office the same day he announced his resignation. He was succeeded as DPP by Sir Edward Tindal Atkinson. Bodkin was then re-appointed Recorder of Dover on February 9, 1931, and continued to carry out the role until 1947, when he finally resigned at the age of 85. After resigning as DPP, he made his home at Sidmouth
, and he was also appointed chairman of the Devon
Quarter Sessions
, holding this appointment also until the age of 85. He also became a well-known gardener. He retired to Rogate
in Sussex
, and died there on 31 December 1957.
.
Order of the Bath
The Most Honourable Order of the Bath is a British order of chivalry founded by George I on 18 May 1725. The name derives from the elaborate mediæval ceremony for creating a knight, which involved bathing as one of its elements. The knights so created were known as Knights of the Bath...
(1862–1957) was an English lawyer and the Director of Public Prosecutions
Director of Public Prosecutions (England and Wales)
The Director of Public Prosecutions of England and Wales is a senior prosecutor, appointed by the Attorney General. First created in 1879, the office was unified with that of the Treasury Solicitor less than a decade later before again becoming independent in 1908...
from 1920 to 1930. He particularly took a stand against the publication of what he saw as 'obscene' literature.
Early years
Bodkin was educated at Highgate SchoolHighgate School
-Notable members of staff and governing body:* John Ireton, brother of Henry Ireton, Cromwellian General* 1st Earl of Mansfield, Lord Chief Justice, owner of Kenwood, noted for judgment finding contracts for slavery unenforceable in English law* T. S...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, England. After completing his schooling, it was originally intended that he should join his brother on a South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
n farm; to this end, he spent a year working on a farm near Barnsley
Barnsley
Barnsley is a town in South Yorkshire, England. It lies on the River Dearne, north of the city of Sheffield, south of Leeds and west of Doncaster. Barnsley is surrounded by several smaller settlements which together form the Metropolitan Borough of Barnsley, of which Barnsley is the largest and...
. However, he had already expressed a wish to become a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
, and so when the South African idea could not be organised, he entered the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
, and was called to the Bar in 1885.
Career
Bodkin soon established a reputation as a hard and meticulous worker, and was particularly noted for his preparation of indictmentIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
s—prior to the Indictments Act 1915
Indictments Act 1915
The Indictments Act 1915 was an Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved during the seventeenth and eighteenth centuries and became lengthy, confusing and highly technical to the point...
this was a highly specialised field. He disdained the theatrical devices popular amongst other barristers of the day; his style was built on a solid appreciation of the facts of the case. He virtually always appeared for the prosecution, and whilst determined to secure convictions, did not over-press a weak case. He rarely took holidays, and in addition to his prosecuting work, he built up a reputation in licensing law. These cases were usually held in a separate legal term, in August, so this did not interfere with his regular work.
On 8 July 1891 he married Maud Beatrice Bush, whose father, Robert Wheler Bush was vicar
Vicar
In the broadest sense, a vicar is a representative, deputy or substitute; anyone acting "in the person of" or agent for a superior . In this sense, the title is comparable to lieutenant...
of St Alphage London Wall
St Alphage London Wall
St Alphage London Wall, so called because it sat right on London Wall, the City of London boundary, was a church in Bassishaw Ward in the City of London...
. The following year he was appointed a "Treasury devil" at the Old Bailey
Old Bailey
The Central Criminal Court in England and Wales, commonly known as the Old Bailey from the street in which it stands, is a court building in central London, one of a number of buildings housing the Crown Court...
and rapidly established a reputation as a leading prosecutor. On 1 July 1901 he was also appointed Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
(a part-time judge) of the Borough of Dover
Dover
Dover is a town and major ferry port in the home county of Kent, in South East England. It faces France across the narrowest part of the English Channel, and lies south-east of Canterbury; east of Kent's administrative capital Maidstone; and north-east along the coastline from Dungeness and Hastings...
(succeeding his uncle, Sir Harry Bodkin Poland).
During the First World War he undertook many prosecutions of spies, in particular that of Carl Hans Lody
Carl Hans Lody
Carl Hans Lody was executed as a German spy by Great Britain at the Tower of London soon after the outbreak of World War I....
, and was also heavily involved in building the case against Roger Casement
Roger Casement
Roger David Casement —Sir Roger Casement CMG between 1911 and shortly before his execution for treason, when he was stripped of his British honours—was an Irish patriot, poet, revolutionary, and nationalist....
. The wartime period also included his leading role in prosecuting the "Brides in the bath" case, which saw him calling 112 witnesses for the Crown. He was knighted
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
in 1917.
In 1920, he replaced Sir Charles Mathews
Sir Charles Willie Mathews, 1st Baronet
Sir Charles Willie Mathews, 1st Baronet, familiarly known as Willie Mathews was a British lawyer.He was born Charles Willie West in New York City, the son of actress Elizabeth Jackson and her first husband William West...
as Director of Public Prosecutions, this required him to resign as Recorder. In the 1920s he tried to ban Ulysses
Ulysses (novel)
Ulysses is a novel by the Irish author James Joyce. It was first serialised in parts in the American journal The Little Review from March 1918 to December 1920, and then published in its entirety by Sylvia Beach on 2 February 1922, in Paris. One of the most important works of Modernist literature,...
by James Joyce
James Joyce
James Augustine Aloysius Joyce was an Irish novelist and poet, considered to be one of the most influential writers in the modernist avant-garde of the early 20th century...
and even threatened in 1922 to prosecute the academic F. R. Leavis
F. R. Leavis
Frank Raymond "F. R." Leavis CH was an influential British literary critic of the early-to-mid-twentieth century. He taught for nearly his entire career at Downing College, Cambridge.-Early life:...
if he mentioned it in his lectures at Cambridge University since it contained "a great deal of unmitigated filth and obscenity". On December 29, 1922 he banned the book, saying "As might be supposed I have not had the time, nor may I add the inclination to read through this book. I have, however, read pages 690 to 732." He also stated he could not make "head nor tail" of the book. The British ban remained until 1936. In the 1924 King's Birthday Honours he was appointed a Knight Commander of the Order of the Bath (KCB).
He also successfully opposed the 1928 lesbian
Lesbian
Lesbian is a term most widely used in the English language to describe sexual and romantic desire between females. The word may be used as a noun, to refer to women who identify themselves or who are characterized by others as having the primary attribute of female homosexuality, or as an...
novel by Radclyffe Hall
Radclyffe Hall
Radclyffe Hall was an English poet and author, best known for the lesbian classic The Well of Loneliness.- Life :...
, The Well of Loneliness
The Well of Loneliness
The Well of Loneliness is a 1928 lesbian novel by the British author Radclyffe Hall. It follows the life of Stephen Gordon, an Englishwoman from an upper-class family whose "sexual inversion" is apparent from an early age...
, and attempted to find an expert who would tell a court of:
the results to those unfortunate women (as I deem them) who have proclivities towards lesbianism, or those wicked women (as I deem them) who voluntarily indulge in these practices—results destructive morally, physically and even perhaps mentally.
Eventually, Sir William Henry Willcox gave evidence for the government and the book was not released until 1949. He also opposed the publication of D. H. Lawrence
D. H. Lawrence
David Herbert Richards Lawrence was an English novelist, poet, playwright, essayist, literary critic and painter who published as D. H. Lawrence. His collected works represent an extended reflection upon the dehumanising effects of modernity and industrialisation...
's poem Pansies.
Hard-working as ever, he would examine over 2000 sets of case papers each year. He was always first to arrive at his office. However, he was a poor delegater, continuing to draft indictments personally when that was really a job for junior counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
. He always took work home at the weekend, and it is a persistent rumour that he was once seen leaving chambers on Christmas evening, carrying a set of legal papers.
His time as DPP was not without controversy. In 1924 he began the prosecution of John Campbell, acting editor of Workers' Weekly
Workers' Weekly
The Workers' Weekly was the official newspaper of the Communist Party of Great Britain, established in February of 1923. The publication was succeeded by The Daily Worker in 1930.-Forerunners:...
, using the Incitement to Mutiny Act 1797
Incitement to Mutiny Act 1797
The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny....
. The collapse of the case led to the fall of the first Labour government to have held office in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
since it was seen as evidence of communist influence on Labour Party politicians. Fortunately for Bodkin, the Attorney-General, Sir Patrick Hastings
Patrick Hastings
Sir Patrick Gardiner Hastings KC was a British barrister and politician noted for his long and highly successful career as a barrister and his short stint as Attorney General. He was educated at Charterhouse School until 1896, when his family moved to continental Europe...
, took responsibility for the failure of the case. However, the events of 1928 were entirely of Bodkin's making. The affair began with the acquittal in the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
of Sir Leo Chiozza Money
Leo Chiozza Money
Sir Leo George Chiozza Money , born Leone Giorgio Chiozza, was an Italian-born economic theorist who moved to Britain in the 1890s, where he made his name as a politician, journalist and author. In the early years of the 20th century his views attracted the interest of two future Prime Ministers,...
and Irene Savidge on charges of indecent behaviour. This led to an investigation into possible perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
charges against the police officers who had arrested them. However, the investigation, led by Bodkin, turned into more of a re-examination of Money and Savidge, and he was particularly criticised for a lengthy interrogation of Savidge at New Scotland Yard on 15 May 1928. Questions were asked in parliament, and although both the police and Bodin were exonerated by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, the case raised important questions about the extent of the roles of police and the DPP.
In March 1930 he suddenly resigned, clearing his office the same day he announced his resignation. He was succeeded as DPP by Sir Edward Tindal Atkinson. Bodkin was then re-appointed Recorder of Dover on February 9, 1931, and continued to carry out the role until 1947, when he finally resigned at the age of 85. After resigning as DPP, he made his home at Sidmouth
Sidmouth
Sidmouth is a small town on the English Channel coast in Devon, South West England. The town lies at the mouth of the River Sid in the East Devon district, south east of Exeter. It has a population of about 15,000, of whom 40% are over 65....
, and he was also appointed chairman of the Devon
Devon
Devon is a large county in southwestern England. The county is sometimes referred to as Devonshire, although the term is rarely used inside the county itself as the county has never been officially "shired", it often indicates a traditional or historical context.The county shares borders with...
Quarter Sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
, holding this appointment also until the age of 85. He also became a well-known gardener. He retired to Rogate
Rogate
Rogate is a village and civil parish in the Chichester district of West Sussex, England situated in the Western Rother valley. The village is on the A272 road seven miles west of Midhurst. The parish comprises the villages of Rogate and Rake and the hamlets of Haben, Fyning, Hill Brow, Langley,...
in Sussex
Sussex
Sussex , from the Old English Sūþsēaxe , is an historic county in South East England corresponding roughly in area to the ancient Kingdom of Sussex. It is bounded on the north by Surrey, east by Kent, south by the English Channel, and west by Hampshire, and is divided for local government into West...
, and died there on 31 December 1957.
Notable trials
- George Joseph SmithGeorge Joseph SmithGeorge Joseph Smith was an English serial killer and bigamist. In 1915 he was convicted and subsequently hanged for the slayings of three women, the case becoming known as the "Brides in the Bath Murders". As well as being widely reported in the media, the case was a significant case in the...
—Brides in the Bath murderer - George ChapmanGeorge Chapman (murderer)George Chapman was a Polish serial killer known as the Borough Poisoner. Born Seweryn Antonowicz Kłosowski in Poland, he moved as an adult to England, where he committed his crimes...
—possible suspect for the Jack the RipperJack the Ripper"Jack the Ripper" is the best-known name given to an unidentified serial killer who was active in the largely impoverished areas in and around the Whitechapel district of London in 1888. The name originated in a letter, written by someone claiming to be the murderer, that was disseminated in the...
murders - Arthur Devereux—hanged in August 1905 for the murder of his wife and two of his children
- John Starchfield— a case lost; Starchfield was accused of murdering his own son, but acquitted on 1 April 1914, from a Daily SketchDaily SketchThe Daily Sketch was a British national tabloid newspaper, founded in Manchester in 1909 by Sir Edward Hulton.It was bought in 1920 by Lord Rothermere's Daily Mirror Newspapers but in 1925 Rothermere offloaded it to William and Gomer Berry The Daily Sketch was a British national tabloid newspaper,...
poster - Madanlal Dhingra—murderer of Sir William Curzon WyllieWilliam Hutt Curzon WyllieSir William Hutt Curzon Wyllie KCIE was an Indian army officer, and later an official of the British Indian Government. Over a career spanning three decades, Curzon Wyllie rose to be Lieutant Colonel in the British Indian Army and occupied a number of administrative and diplomatic posts...
- Amelia Sach and Annie WaltersAmelia Sach and Annie WaltersAmelia Sach and Annie Walters were two British serial killers better known as the Finchley baby farmers.-Crimes:...
—The Baby Farmers
In popular culture
He was played by Stephen Murray in one episode of the 1981 series Lady Killers. In 2003 he was played by James Woolley in The Brides in the BathThe Brides in the Bath
The Brides in the Bath is a 2003 Yorkshire Television film based on the life and Old Bailey trial of British serial killer and bigamist George Joseph Smith, the "Brides in the Bath Murderer". Martin Kemp plays the role of Smith, and Richard Griffiths plays barrister Sir Edward Marshall-Hall...
.