New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-11
SANGER PREFERS
PRISON TO FINE
Anarchists Shout Protests
as Family Limitation
Advocate Is Convicted.
SUFFRAGE SHEER
BY COURT RESENTED
Equal Vote Leaders, Bitter at
Mclnerney, Retort That They
Are Protecting Home.

HN'HSi uNl NCiOll llldt iUCy
Are Protecting Home.
The red flag was raised in protest in
the Court of Special Sessions yesterday
when William Sanger, the anarchist
architect, was convicted OF disseminat-
ing obscene literature and led away to
jail.
The defendant was on trial charged
by Anthony Comstock with distributing
q pamphlet written by his wife, Mar
garet Sanger, on the control of mother
hood. entitled Family Limitation"
Many prominent radicals, including
Alexander Berkmsn, Carlo Tresca,
Leonard j. Abbott, head Of the Free
Speech League; Elizabeth Gurley Flynn,
the Misses Eta and Rose Yuster. sam
Hartman, and others, sat in the court
room awaiting the issue. Mrs. Amos
Pinchot and other well-known suffra-
gists were interested spectators.
Sanger, Convinced there was no JUS
tice In the courts" appeared, without
counsel, to defend himself. He at
tempted to read lengthy statement,
defending the doctrine OF birth control
and denouncing the law and Com
stockery." He read along, trembling
with excitement, with presiding JUS
tice McInerney interruPting him. FL
nally he was ordered to stop with the
comment that the court believed the
defendant was crazy.
The demonstration came when the
three justices, McInerney, Herbert and
Salmon, finished their deliberations on
the case and the presiding justice an
nounced the verdict.
All Laws Violated, Says Court.
you seem to think that you have
done no wrong" said Justice McIner-
ney. "You are determined to get upon
the record here your doctrines and
opinions Of the law. with which this
court is not al all concerned. he law
is on the statute book and this court
is here TO enforce it, The court finds
you guilty Of this charge. In my opin-
ion the pamphlet is both indecent and
immoral. Your crime violates not only
the laws of the state, but the laws of
God
ANY man or woman who would cir
culate literature of this kind is a
menace to the community. l know, OF
course, that many persons now believe
IL a crime to have TO bear children
and that in many communities the birth
rate is at standstlll II some women
who 20 around advocating equal sui
frage would advocate the bearing OF
children this town would be lot bet
ter off.
of being fined for this offence, but
do not believe this should be so. A
man, guilty as you are, should have no
alternative from a prison sentence
You are fined $3.50 or to serve thirty
Gays in Jail"
Sanger shouted that he would never
paw a fine. lie asked 20 make another
statement and the court attendants
waited before leading him away to
allow him to speak.
"The law is on trial here, not ], u
cried the prisoner. I'D rather be IN
jail with my convictions than free at
the sacrifice of my manhood and self
respect, and under Comstock rule"
Vigorous applause and cheers broke
from the crowd IN the courtroom as
Sanger was escorted TO the pen de-
claiming his defiance on the way. The
women in the throng were particularly
demonstrative. They hurled curses
upon the court. The clamor could be
heard throughout the corridors of the
Criminal Courts Building. Court at
tendants from other parts Of the
! II. - e, ct hn f..
Special Sessions. They were conf ed
to handle some Of the women and men
roughly in clearing the courtroom.
The pounding of the justices gavels
on the bench, and the orders of Justice
NcInerney to arrest any one who re-
sisted the attendants had no effect on
the excited spectators. Many Of them
seemed to welcome arrest in a spirit
of martyrdom. No arrests were made,
however.
Indignation Meeting Held.
Sangers friends and sympathizers
gathered in the corridor outside the
courtroom and held an indignation
meeting Acting as spokesman
Leonard Abbott said:
"Our answer to Sanger's conviction
will be to print a million new copies
Of the pamphlet, including a history OF
the Sanger case, and distribute them
We already have $1,000 for that work
and contributions are coming IN from
many persons all the time"
Sanger declared on the witness stand
that Comstock offered to see that he
received a suspended sentence if he
pleaded guilty. This Mr. Comstock
denied.
Il want the court to have all the
facts in this case" said Mr.. Comstock
land want you to know that my life
has been threatened and ] have been
told ! would be shot if | prosecuted
this case. But don't care about such
threats"
Some of the suffragists took eXcep-
ton TO the remarks of Justice Nc
Inerney about the misplaced activities
of their advocates. Mrs. Bella Neu-
mann alderman, of Brooklyn, and
others issued statements after the
trial, denouncing the courts attitude
and supporting the Sanger theories OF
limiting families, particularly among
the working classes.
Charles j. Bamberger, an agent OF
the Society for the Suppression OF
Vice, and Anthony Comstock were the
only witnesses against Sanger. BAN
berger told how he went to the archi-
tect's studio in December, 1914, and
obtained a copy of Mrs. Sanger's pam
phlet from her husband. He said tha'
Sanger cautioned against saying he
had given out the pamphlet.
Mr.. Comstock testified TO the arrest