The Washington times., 1920-01-31
CT. T.BRAINARDF|NE
'FOR|NDECENT BOOK
Publisher Pays $1,000 for Cir
cuIating immoral Volume.
Harpers Also Sentenced.

NEW YORK, Jan. 3i.-clinton T..
Brainsrd. secretary OF the Extraor-
dinary Grand Jury, representative OF
the j. p. Morgan Interests in Harper
d Bros, and until two months ago
owner OF the Washington Herald
was fned $1,000 in Special Sessions
yesterday for publishing obscene lit
ersture.
The Harper q Bros. corporation was
fined 81 900 also. This 10 the max
imum punishment that could be I'M
posed without sending Brainard 10
Jsil.
Raymond +. Almirall. foreman OF
e the Extraordinary Grand Jury, stood
beside Brsinard when sentence was
pronounced, but made no comment
on the proceedings.
Almiralis presence was accepted as
an indication that the convicted sec
retary will continue to work win
the Grand Jury, which is investigat-
ing corruption and vice in the city,
Brainard's nne was paid immedl-
stely by one OF his attorneys Johh
Larkin, who counted the money from
two envelopes. He said he would
send a check for the Harper nne'
Doubted His Ignorance.
In pronouncing sentence. Presiding
Justice Voorhees, said that the court
did not believe Brainard's defense
that he knew nothing of the publica-
tion OF "Madeleine-An Autobiogra-
phy'' until the case went into the
courts. Justice Voorhees, said:
"We believe you know this book
was being published. Secretary sum
ner, of the Society for the Prevention
Of Vice, testified that. when he went
TO see you, you said you had received
many letters OF commentator Tor 'he
book"
Francis NJ. Scott. chief counsel for
Brainard, had argued. in pleading for
marcy. that Brainard had Willingly
given up the books. plates and bind
iugs as soon as the volume was ques-
toned. On that point, Justice Voor-
hees said:
I'VE recall there were 900 copies
Of the book in the stockroom ana
that this defendant refused TO tell
the searchers where they were.
Brainard tried to avoid the humilia-
ton of standing before the bar to
receive sentence. He sat against the
wall. with his face half-covered by
a newspaper, and the collar OF his
heaver-lined coat pulled above his
cars, until an unsympathetic atten-
dant pulled his coat sleeve and nod
ded to the space before the bench
Flushed Mt the Words.
Brainard walked over between his
lawyers and, with face scarlet, heard
Justice Voorhees, say:
"This defendant is fined $1,000, in
default of which the defendant stands
committed to the workhouse for
three months. Harper Bros. is
lined $1,000 also. ,..4-,,-
Had the $1,000 not been produced
at once, Brainard would have had TO
spend the time before payment N the
Tombs AS 1t was, he left court with
9iis counsel and returned to the pup
fishing office in an automobile.
Before sentence, Mr.. Scott and Mr..
Larkin moved that the conviction be
.et aside on the ground that II was
contrary to law and facts. Both mo
.nitted that they did not expect to be
sustained on the motions. but were
.aerely preparing for an appeal.
Mr., Scott emphasized the century
old career of Harper & Bros, ana
asserted that there was no police
,ecord against Brainards character.
tgainst this, Probation OFFICER Con-
,,ers testified that the files of the
society for the Prevention of Vice
showed that when Brainard was pup
fishing books under his own name a
complaint was made that his ad-
yertisements were immoral
bookseller Interested.
An interested listener in the crowd
ed courtroom was Jacob Reingold, a
Broadway book clerk, accused OF sell
ing Madeleine for $40 a copy. He
nas been held in $500 in magis-
rates court. Assistant District Attor-
aev McGrath, who prosecuted Brai-
.,ard, will hanEle Reingold's case.