Sir Archibald Henry Bodkin
KCB (1 April 1862
[''London, England, Church of England Baptisms, Marriages and Burials, 1538–1812''] – 31 December 1957) was an English lawyer and the
Director of Public Prosecutions
The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members of ...
from 1920 to 1930. He particularly took a stand against the publication of what he saw as 'obscene' literature.
Early life and education
Bodkin was born in
St Pancras,
Middlesex
Middlesex (; abbreviation: Middx) is a historic county in southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the ceremonial county of Greater London, with small sections in neighbourin ...
, into a noted legal family, the son of William Peter Bodkin and Elizabeth Clowser, and grandson of judge and politician Sir
William Henry Bodkin
Sir William Henry Bodkin (5 August 1791 – 26 March 1874) was a British barrister and Conservative Party politician who sat in the House of Commons from 1841 to 1847, before becoming a judge.
Early life
Bodkin was the son of Peter Bodkin fr ...
. His father succeeded his own father as chairman of the old
Middlesex Sessions and of the Highgate Bench. He was also the nephew of Sir
Harry Bodkin Poland, "the greatest criminal lawyer of his day."
He was educated at
Cholmeley School in
Highgate
Highgate ( ) is a suburban area of north London at the northeastern corner of Hampstead Heath, north-northwest of Charing Cross.
Highgate is one of the most expensive London suburbs in which to live. It has two active conservation organis ...
.
After completing his schooling, it was originally intended that he should join his brother on a South African 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
The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and W ...
, and was
called to the Bar in 1885.
[ Humphreys, Christmas]
‘Bodkin, Sir Archibald Henry (1862–1957)’
rev. Mark Pottle, ''Oxford Dictionary of National Biography
The ''Dictionary of National Biography'' (''DNB'') is a standard work of reference on notable figures from British history, published since 1885. The updated ''Oxford Dictionary of National Biography'' (''ODNB'') was published on 23 September ...
'', Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print book ...
, 2004, . Retrieved 9 June 2008
Career
Bodkin soon established a reputation as a hard and meticulous worker, and was particularly noted for his preparation of indictments—prior to the
Indictments Act 1915
The Indictments Act 1915 (5 & 6 Geo 5. c.90) was an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom that made significant changes to the law relating to indictments. The law relating to indictments evolved dur ...
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
A vicar (; Latin: '' vicarius'') is a representative, deputy or substitute; anyone acting "in the person of" or agent for a superior (compare "vicarious" in the sense of "at second hand"). Linguistically, ''vicar'' is cognate with the English pr ...
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
Dover () is a town and major ferry port in Kent, South East England. It faces France across the Strait of Dover, the narrowest part of the English Channel at from Cap Gris Nez in France. It lies south-east of Canterbury and east of Maidstone ...
(succeeding his uncle,
Sir Harry Bodkin Poland).
During the
First World War
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fig ...
he undertook many prosecutions of spies, in particular that of
Carl Hans Lody
Carl Hans Lody, alias Charles A. Inglis (20 January 1877 – 6 November 1914; name occasionally given as Karl Hans Lody), was a reserve officer of the Imperial German Navy who spied in the United Kingdom in the first few months of the First Wo ...
, and was also heavily involved in building the case against
Roger Casement
Roger David Casement ( ga, Ruairí Dáithí Mac Easmainn; 1 September 1864 – 3 August 1916), known as Sir Roger Casement, Companion of the Order of St Michael and St George, CMG, between 1911 and 1916, was a diplomat and Irish people, Irish I ...
. 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
James Augustine Aloysius Joyce (2 February 1882 – 13 January 1941) was an Irish novelist, poet, and literary critic. He contributed to the Modernism, modernist avant-garde movement and is regarded as one of the most influential and important ...
and even threatened in 1922 to prosecute the academic
F. R. Leavis if he mentioned it in his lectures at
Cambridge University
, mottoeng = Literal: From here, light and sacred draughts.
Non literal: From this place, we gain enlightenment and precious knowledge.
, established =
, other_name = The Chancellor, Masters and Schola ...
since it contained "a great deal of unmitigated filth and obscenity". On 29 December 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
The Birthday Honours, in some Commonwealth realms, mark the reigning British monarch's official birthday by granting various individuals appointment into national or dynastic orders or the award of decorations and medals. The honours are pres ...
he was appointed a
Knight Commander of the 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 medieval ceremony for appointing a knight, which involved bathing (as a symbol of purification) as one ...
(KCB).
He also successfully opposed the 1928 lesbian novel by
Radclyffe Hall
Marguerite Antonia Radclyffe Hall (12 August 1880 – 7 October 1943) was an English poet and author, best known for the novel '' The Well of Loneliness'', a groundbreaking work in lesbian literature. In adulthood, Hall often went by the name ...
, ''
The Well of Loneliness
''The Well of Loneliness'' is a lesbian novel by British author Radclyffe Hall that was first published in 1928 by Jonathan Cape. It follows the life of Stephen Gordon, an Englishwoman from an upper-class family whose " sexual inversion" (homo ...
'', 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
David Herbert Lawrence (11 September 1885 – 2 March 1930) was an English writer, novelist, poet and essayist. His works reflect on modernity, industrialization, sexuality, emotional health, vitality, spontaneity and instinct. His best-k ...
'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
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''.
The word ''counsel'' can also mean advice given ...
. 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 Incitement to Mutiny Act 1797 (37 Geo 3 c 70) 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 ...
. 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
Communism (from Latin la, communis, lit=common, universal, label=none) is a far-left sociopolitical, philosophical, and economic ideology and current within the socialist movement whose goal is the establishment of a communist society, a ...
influence on
Labour Party politicians. Fortunately for Bodkin, the
Attorney-General
In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general.
In some jurisdictions, attorneys general also have exec ...
, Sir
Patrick Hastings
Sir Patrick Gardiner Hastings (17 March 1880 – 26 February 1952) was an English barrister and politician noted for his long and highly successful career as a barrister and his short stint as Attorney General for England and Wales, Attorney G ...
, 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
A magistrates' court is a lower court where, in several jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings.
Courts
* Magistrates' court (England and Wales)
* Magistrate's Co ...
of Sir
Leo Chiozza Money and
Irene Savidge
Irene "Marjorie" Savidge became Irene Gentle (9 June 1905 – 26 March 1985) was a United Kingdom of Great Britain and Ireland, British factory worker and subject of police interrogation who became involved in a scandal. A charge of indecency ag ...
on charges of indecent behaviour. This led to an investigation into possible
perjury
Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...
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
Scotland Yard (officially New Scotland Yard) is the headquarters of the Metropolitan Police, the territorial police force responsible for policing Greater London, Greater London's London boroughs, 32 boroughs, but not the City of London, the s ...
on 15 May 1928. Questions were asked in Parliament, and although both the police and Bodkin were exonerated by the
Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national ...
, 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
Major Sir Edward Hale Tindal Atkinson, KCB, CBE (19 September 1878 – 26 December 1957) was a British barrister and judge who served as the Director of Public Prosecutions from 1930 to 1944. After studying at Trinity College, Oxford, Atkinson b ...
. Bodkin was then re-appointed Recorder of Dover on 9 February 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 () is a town on the English Channel in Devon, South West England, southeast of Exeter. With a population of 12,569 in 2011, it is a tourist resort and a gateway to the Jurassic Coast World Heritage Site. A large part of the town ...
, and he was also appointed chairman of the
Devon
Devon ( , historically known as Devonshire , ) is a ceremonial and non-metropolitan county in South West England. The most populous settlement in Devon is the city of Plymouth, followed by Devon's county town, the city of Exeter. Devon is ...
Quarter Sessions
The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
, 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.
Notable trials
*
George Joseph Smith—Brides in the Bath murderer
[Judges and Counsel]
/ref>
* George Chapman
George Chapman (Hitchin, Hertfordshire, – London, 12 May 1634) was an English dramatist, translator and poet. He was a classical scholar whose work shows the influence of Stoicism. Chapman has been speculated to be the Rival Poet of Sh ...
—possible suspect for the Jack the Ripper
Jack the Ripper was an unidentified serial killer active in and around the impoverished Whitechapel district of London, England, in the autumn of 1888. In both criminal case files and the contemporaneous journalistic accounts, the killer ...
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 Sketch
The ''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 sold it to William and Gomer Berry ...
'' poster See also Mark Bostridge, ''The Fateful Year. England 1914'', 2014.
* Madanlal Dhingra
Madan Lal Dhingra (18 September 1883 — 17 August 1909) was an Indian revolutionary, Indian independence movement, pro-independence activist. While studying in England, he Assassination, assassinated Curzon Wyllie, William Hutt Curzon Wyllie, ...
—murderer of Sir William Curzon Wyllie
* Amelia Sach and Annie Walters—The Baby Farmers[
* Frederick Guy Browne and William Kennedy – in which Kennedy provided a confession which implicated Browne, and Bodkin then refused to allow him to turn King's Evidence and both men were hanged.
]
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
Woolley in the 90's.
James Joseph Woolley (September 26, 1966 – August 14, 2016) was an American keyboard and synthesizer player, best known for performing with industrial rock band Nine Inch Nails during the 1991 Lollapalooza Tour and the be ...
in ''The Brides in the Bath
''The Brides in the Bath'' is a 2003 television film by Yorkshire Television for ITV, based on the life and trial of British serial killer and bigamist George Joseph Smith, the "Brides in the Bath Murderer". Martin Kemp plays the role ...
''.
References
{{DEFAULTSORT:Bodkin, Archibald
1862 births
1957 deaths
Directors of Public Prosecutions (England and Wales)
Knights Commander of the Order of the Bath
Lawyers awarded knighthoods
People educated at Highgate School
Members of the Inner Temple
People from Chichester District