The Washington times., 1919-12-30
DELAY DENIED
TO BRA|NARD
Publishers Trial for Selling In.
decent Book Set for January
is in New York.

NEW YORK, Dec. 30.-Clinton T.
Brainard, secretary Of the extraordi-
nary grand jury, will be called to
trial on January 16 for publishing
and selling the salacious book "Made-
|eine-an Autobiography"
Fought Against Plea.
This was decided yesterday by .hs
court OF special sessions, after Bran
ard. through counsel, had made q Wig
orous attempt to delay the trial.
Brainard's bond of $500 was continued
and he remains out on bail. He did
not appear personally before the tri-
bunal- John Larkin, who represented
him. fought to be allowed to offer no
plea for the present but the court
-crisply taking him to task. over
ruled the motion
Forced to enter formal pleading.
Larkin pleaded not guilty both for
Bfainard and Harper & Bros, which
Is co-defendant with him. Brainard
represents the ]. p. Morgan interests
as president and treasurer Of the pub
fishing house.
Change In His Tactics.
Brainards tactics yesterday came
As q surprise, for he had asserted be-
fore Magistrate Simpson that he
the court and appear as a penitent
petitioner for Justice Instead of do
ing %, he prepared to attack. through
his counsel, the Jurisdiction of the
court and let IL be known that every
legal attempt will be made to prevent
> the trial taking place.
Attorney Larkin asserted that there
was q way of disposing of an i'm
proper indictment by motion, indicat.
ing that he may seek to have the case
transferred to general sessions. Such
procedure would have to be author
ized by a justice of that court
Then, after a hearing. II the COM
plaint were sustained, the whole case
would go to the grand jury to be con-
sidered in the same manner as q
felony.
This would result in prolonged de-
lay, which is what Brainard Is re-
ported to be seeking energetically. A
possibility exists also that IL the
transfer is attempted and fails Brain
ard will try for additional time by de-
naurring on January 1e to the COM
plant against himself and letting the
cage against Harper & Brothers 80
to TRIAL
Assistant District Attorney Nc
Grath, in charge Of the prosecution.
snsixted that the case be called for
trial n soon as convenient to the
court. He sought to expedite the
matter as vigorously as the interests
OF justice would allow and the court
sustained him on all important points.
Justices Edwards, Salmon. and Herr
man were sitting. The BYainard case
waS sandwiched in BY callous court
clerks among long list Of pieAd3ngs'
son charges that included petty lar
ceny, eavesdropping, assault, and per-
sonai disturbance. 80 4
Lack of T1me Pleaded.
When Brainard was called to the
bar. Larkin appeared and protested
that he had been allowed only a weel.
to get ready and had not obtained the
magistrates court minutes. For Har-
per 4 Brothers he asked to plead not
guilty, and for BraiLard to enter no
plea till later date. Assistant Dis
trict Attorney McGrath replied:
Then I insist that you plead for
both defendants now and ask pernis-
sion to withdraw the plea in either
case
Justice Salmon asked sharply:
What have the minutes of the
magistrates court to do with your
pleading"
Larkin began to explain that the
minutes would show Brainard to be
innocent, and the court queried:
Doesn't he know wheqther he Ia
or not without reading the minutes"
Nonp npfussed visibly, the lawyer