New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-09
Mrs. Byrne Not Sentenced,
However, at First Birth
Control Trial
GOLDMAN
CLEARED OF CHARGE
Clubwomen in Court Re
buked by Judge for
Demonstration

Two birth control trials we're held
Yesterday. At the first, in the Special
Sessions Court, in Brooklyn, Mrs. Ethel
Byrne was found guilty Of disseminat-
ing birth control information. Her sen
tence was deferred and her fngerprlnts
taken, while a crowd Of indignant So
ciety and club women gathered about
her.
At the second. in the Special Sessions
Court in New York, Emma Goldman
the anarchist. was acquitted OF the
charge of having circulated birth con-
troll pamphlets at a meeting in Union
Square Oh May 20.
Mrs. ByrneIs sentence was deierfeo
until January %. Mrs. Margaret San
ger and Mrs. Fanny Mandell, her CO.
workers in q clinic in Amboy Street.
Brooklyn, will not be tried until Janu-
airy z. Mrs. Ida Rsuh Eastman, Max
Eastman's wife, who was arrested with
Emma Goldman, will be tried about
the same time, in New York.
Brings Her Children to Court
Mrs. Rose Halpin, OF S75 Bradford
Street, brought her six children, rang
ing in age from ten years to sixteen
months, to court. She wished TO tes-
tify for Mrs. Sanger, but that trial had
been postponed.
Mrs. Halpin wished TO tell the court
that large families meant hsrdshiPs TO
wage earners. Her husband, William, is
a garment cutter, getting SIT week
when he is on full pay.
The line Of limousines in front Of
the Special Sessions Court yesterday
was longer than on Friday, and the
court halls we're filed with women
waiting for the case TO be called. All
the front rows o. -eats in the court
room were filled with Mrs. Sangers
supporters from various women's clubs
and organization. At one point in the
afternoon their enthusiasm almost led
to their being eyIcJed from the court.
"This is nothing more than having
the court determine once and for all
the present starding Of women in our
modern society" Mrs. Sanger's lawyer'
Jones Goldstein, declared. surely, the
woman. who has 100 per cent respon-
sibility in the birth OF the child and
so per cent in its rearing, should be
permitted to say whether she desires
children"
There was an outburst Of applause
from the women, running from the
lines Of smartly gowned club members
TO the shawled and tired-faced STUN
mothers sitting beside them.
"If there is any further demonstrs-
ton / shall have TO request that the
court room be cleared said Judge
Herman.
Upon the conclusion Of the testi-
mony. che presiding justices conferred,
then told the defendant that they
found her guilty, but that her SEN
tence would be deferred until January
p. The cases Of Mrs. Fanny Mandch,
who acted as interpreter in the clinic,
and OF Mrs. Margaret Sanger, will not
come up again until January %.
Miss Goldman at the opening OF the
case in the New York Special Sessions
appeared as her own lawyer, although
Harry Weinberger, of 261 Broadway,
was present 10 defend her. In arguing
TO dismiss the information Miss Gold
man started ia to make a speech on the
social necessities for the birth control
movement.
This court Is not n hippodrome,
said Justice Collins, inteTrupting. at
exists under the agency Of the Ameri-
can flag, and won't permit it to be
turned into theatre or forum for
the ventilation Of your views on social
reform"