New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-11-27
Justice Bears AnimOSity
Toward Birth Control,
She Charges
ARREST MAY FOLLOW
FAILURE TO APPEAR
Hundred Women Plan
Chain of Work to Keep
Doors of Clinic Open

Mrs Margaret Sanger who has been
arrested twice for conducting a birth
control clinic at 46 Amboy Street
Brooklyn, said last night that she
would refuse TO appear before the
Court of Special Sessions to-day when
her trial for alleged violation OF sec
tion 1142 of the Penal Code. when
prohibits the dissemination OF inior
nation relating to birth control, is
scheduled 70 begin.
Her reason Mrs. Sanger declared 20
he the presence of Justice j. }. Nc
Inernev as a member Of the court. In
statement issued last night IN ner
home. at 246 West Fourteenth Street
Mrs. Sanger declared that statements
made by Justice Mclnerney at the trlaIs
OF william Sanger and Miss Jessie Ash
lev. over which he presided, nave
proved that he is "judicially unht TO
try her case and that he bears per
sonal animosity toward the advocates
of birth control and permits his per
sonal feelings to influence his decl-
sons.'
She Accuses Court
81 shall persistently refuse TO go pc
fore Justice Mslnerney,' SAID MIS-
Sanger. "In every birth control case
which has come before him he has ex-
hibited a relentless prejudgment OF tne
case. In sentencing William sanger 70
serve thirty days he said:
"'This community, like many others
suffers from a lack of children. ! ne
trouble is that many women are 100
selfish. think that lot OF those VINO
are devoting their time to equal SUI
frage. as Christian women. ought 20
20 about advocating childbirth. IL
would be better for the community.
"Althoueh since Mrs. Sanger's trial
tho question of birth control has be-
come national issue, every advocate
of birth control has had the mislor-
tune to come before this Judge whose
mind is stepped in the grossest
bigotry and religious prejudice N
AT so recent a date as OCTOBER 81
1916. in sentencing Miss Jessie AsnIey;
a practising attorney and a woman OF
high standing, Justice Mclnerney again
nisused his judicial prerogatlve ana
expressed his personal venom anu
said -
This defendant knew the law and
deliberately violated it. so ! think she
should be punished. Inc pe0pie hnoG
that this court had repeatedly passed
on This law. and if they want TO change
il wbv don't they go change It? | DO
not see WHY any ciemency should De
given.
Seek New Trial Court
Mrs. Sanger will be represented IN
court by her attorney, Jonah ). Eoid-
stein. Of 800 Broadway. She has also
been held for Special Sessions under
5000 hail as in the first case, on
charge OF maintaining nuisance oy
oneratine her clinic. Her attorney mas
6ied with the Supreme Court a motion
for tho transfer Of the case TO the
Courtv or Supreme Court that 1t may
he passed upon by a court OF reco,u'
II IS likely that similar request VIII De
made to-day i'm Special Sessions.
Mrs Sanger furnished her own oonu
in each case. and IL is probable that
when she does not appear to-day the
bond will be declared forfeited ana
she vii be arrested 49,.
Nre. Sanger said last night tnat
whether or not she went TO lall the
birth control clinic. which IS still open
would continue 10 be operated by otner
women who hal become interested IN
the movement. She said that a meet,
ing to organize the work wouid be nela
tomorrow afternoon at the home OF
Mrs. Amos r. +. Pinchot. 9 East Eighty
first Street. which would be ATTENDED,
among others by Mrs. Rose fa ,i;I
Stokes. Mrs. J. Sergeant cram Hlss
Jessie Ashley and Miss Henrietta hou-
man. 80. II
II is planned TO organize group OF
mo hundred women who arc willing 70
riek arrest TO further the propaganda
These women will take turns operating
the clinic. and as soon as one Is ar
rcsted another will take up the work.
1--WE have a years lease on the prem
ises." said Mrs. Sanger, and 1t VIII De
conducted for a year. As soon as me
police have arrested the first hunored
women and put them in Jai snother
hundred viii be ready to take up '"e
work"