New-York tribune., 1920-01-24
Il ain ard Is
victed in
'Madeleine'Case'
Hearst Frame-Up'' Charged
by Publisher; Harpers
Also Found Guilty on
Accusations Over Book
Faces Fine and Prison
Called From His Duties
as Il Grand Juror to
Have Finserprints Taken

nave Flngerprints Taken
Clinton T. Brainard, president and
treasurer Of Harper & Bros, was
found guilty in Special Sessions yes
terday of violating the section of the
Penal Law relating to the publication
and circulation OF obscene literature.
the house of Harper, as corporation,
also was found guilty on similar
charge by Justices Herman, Voorhees,
and Mclnerncy. before Mr. Brainard
left the Criminal Courts Building he
was finger printed
Mr.. Bralnard charged last night that
his prosecution by the District Attor-
ney's office was a "Hearst frame-up. u
indicating "Hearst's domination of the
District Attorneys Office, as we'll as of
the Mayors Office
"Hearst Animus" Alleged
"ilearst animus,' inspired by the
tact that he was secretary of the ex-
traordinary grand jury. during the
course of whose Investigations William
Randolph llearst's name has been men
toned frequently, was back Of his "per-
a
clash of business interests with Hearst
enterprises might have something to
do with this,' he added. Mr. Brainard
is owner of the Mcclure and Wheeler
syndlcates and has publishing interests
abroad
The publisher called attention to The
fact that the grand jury minutes indi-
Gated that Victor Watson, city editor
of Hearst's New York American,
wrote public utterances Of the Mayor.
He continued:
II charge that, in addition to this,
Hearst supplied the District Attor-
ney's Office with memoranda for use in
the cross examination of witnesses"
He explained that while Thomas A
McGrath, Assistant District Attorney
was questioning him yesterday, he held
in his hand typewriter memorandum
written in the Hearst Offices. Mr..
Brainard said he has a copy of this
document. which he declared was a
false record Of his activities.
Publishers Pedigree Taken
He recounted an experience lasting
about an hour. when, accompanied by
two probation officers, he was finger
printed and his pedigree taken, follow
ing his conviction.
The convictions are the aftermath
Of the publication by Harper's recent
ly of "Madeleine, an Autobiography."
said by it's publishers to be "the story
of a girls life and a faithful descrip-
ton of her sin and ultimate regener-
alton" Complaint against Mr.. Brainard
and The publishing house was made by
John S. Sumner. agent for the Society
for t,o Supprps sSIoD of Vice.
The conviction carries with it a
maximum sentence of $ 900 fine and a
years Imprisonment for Mr.. Bralnard
as an individual and 81 600 fine for
the publishing concern. Sentence was
suspended for a week and the $500 boil
which Mr. Brsinard gave in Magis-
trates' Court was continued.
Called from Jury Room to Trial
Brainard is secretary of the ex-
traordinary grand jury which is IN
vestigatng the Offices Of District At
torney Swami and the Hylan admin
istration and was summoned out Of the
jury room yesterday to stand trial on
the Madeleine" charges.
Mr.. Brainard admitted that he
thought "Madeleine" was not a good
book for girl Of sixteen or seventeen
to read, and that Earpers had never
put out book like it before. He de-
clared. however, that with the excep-
tion Of one chapter he thought "Made-
leine" would be one of the creates t
books in the world for "uplift' pur-
poses.
The defence put forward by the head
of the publishing house was that he
had heard nothing of the book until
the summons IN the case was served
on him. 1t was several days after that
before he read Madeleine" for the
first time, he testified. Francis NJ.
Scott, who defended Mr.. Brainard. said
he saw no reason why the publisher
should be held guilty, and moved for
dismissal of the complaints, which was
denied.
Plan for Passing on Book
Mr. Brainard. supplementing his
statement that he had no advance infor-
nation that "Madeleine' was to appear,
said that literary conference, con-
sistlng of several directors and mem
bers Of the staff, passed on all books
published by Harpers:
He said he could not remember at
tending any OF the conferences except
when called in on financial matters.
He did not have time, he said, to read
all of the books published by his COM
pany, and had never been called on to
pass upon the literary value of the
Harper publications.
Assistant District Attorney McGrath
showed the publisher copies of maya
zine advertisements advertising "Ori-
entail Tales" and characterized mot
for prudes, children or young ladies'"
put out by the Clinton T. Brainard
Company, a publishing concern, some
H.
write this advertisement. but sane
toned its publication. declaring that
the literature of Latin countries was
different from that of Angl Saxon lit
eraturc. He denied that he had ever
said he was an authority on erotic lit
erature.
Mr. Sumner was a witness against
Mr.. Brainard He testified to the seiz-
ure of 904 copies of the book and the
plates from which it was printed.
coon HTORNTNE.