The New York herald., 1920-01-24
BRAINARD GUILTY
IN MADELEINE CASE
PERSECUTION, HE INSISTS
Head of Harper & Brothers
Convicted with Company for
Circulating Obscene Book.
Knew Nothing of Volume Until Sum-
mons Was Served on Him,
He Declares.

Clinton Tyler Brainard, president and
treasurer of Harper & Bhothers. pub
iishers, and secretary of the Extraordinary
Grand Jury, yesterday was convicted in
special Sessions of circulating obscene
literature in the book entitled Made
ieine.' He was a joint defendant with the
publishing company, which also was found
guilty. The maximum penalty under the
law is one year in the penitentiary and
500 fine He Immediately was released on
5000 bail, and will be arraigned for sentence
next Friday. by which time an investiga-
tion ordered by the Court will have been
finished
Y Mr. Brainard was participating in an in
quiry before the Extraordinary Grand
Jury when he was summoned to appear
before Justices Voorhees, McInerney and
Herman, in Special Sessions, to face the
charge which was made by John S. sum-
ner. OF the Society for the Suppression of
iVlce. When he appeared before the Jus
Ices he was accompanied by Francis NJ.
Scott, one-time justice of the Supreme
Court. and John Larkin, who announced
they were his counsel.
1t was explained at the District Attor-
ney's office yesterday that the conviction
OF Mr.. Brainard does not necessarily mean
he will have to sever his relations with the
Grand Jury. The offence on which he
was convicted. it was said, being "a mis-
demeanor, it does not disqualify him from
service on the jury.
Thomas \. McGrath. Assistant District
Attorney, started to establish the fact that
Harper & Brothers sold the book, when
Mr.. Scott interrupted to state that neither
Mr.. Brainard nor the company denied hav-
ing done SO.
Henry Hearns, vice president of the pub
fishing house, was the first witness called
nv Mr. 90 IN 10 mi no
bylaws of the company provided for a |
literary conference of directors of the
company and members of its editorial
staff to pass books submitted to the
company. He admitted that Mr.. Brainard
had the power to override the judgment
Of the conference regarding the issuance
of books by the company.
Tells of Literary Committee.
William IT, Briggs of No. 1876 East
Seventeen street, of the literary confer
ence committee OF the company, was next
called. He declared he was in charge Of
the handling of manuscripts submitted to
the company, and made contracts with the
authors submitting them. He said the
manuscript of the book Madeleine" came
before the literary conference committee
in October 1918. He said Mr.. Brainard
knew of the workings Of the literary com
mittee but that manuscripts never were
referred to the president.
u.
took the witness stand He said that when
he served Mr.. Brainard with summons
issued in magistrates court, Mr. Brain
ard told him he was making serious mis-
lake He said Mr.. Brainard refused to re-
veal the location of the stockroom of the
publishing house. but that after he had
found il unaided, he took almost thous-
and copies of the book. and the plates
used in it's publication to the office of the
vice society.
a. Mr. Sumner was the last witness for the
~prosecution and Mr. Scott then moved
that the complaint be dismissed, as 1T had
not been proved that he had any knowl-
edge of the publication of the book and its
subsequent sale. The motion was over
ruled and Mr.. Brainard took the stand
He said he has been connected with Har-
per & Bros. Tor the last five years, and
he could not remember having attended
any OF the meetings of the literary confer
once except when he was called in to dis
cuss financial matters.
Heard Of Book After Summons.
He didn't have time to reall all the books
published by the company. the witness
said and had never been called on to pass
on the literary value of any OF the COM
panys publications. lie had never known
or heard of the book Madeleine he said
until he was served with the summons by
Mr. Sumner. He said communications re-
ceived from Jane Adams, Judge Ben
Lindsay and others praised the literary
quality of the book.
Under cross -examina ton by Mr.. Nc
Grath. he admitted he did not believe that
Madeleine" was good book for a girl Of
sixteen to read. While he was questioning
the witness Mr.. McGrath occasionally re-
fcrred TO a memorandum he held in his
hand.
In admitting he was at one time connect
cd with the Clinton Brainard Company. he
ta1tv al Itaf tha Lott ,xr
used in one of its advertisements of an ORR
ental book the phrase. Not for prudes,
children or young ladies'"
He explained the phrase was quotation
from a decision Of Morgan J. OBrien when
n Justice of the Supreme Court. He denied
ever having declared at n club or to "a col
lege professor that he was an authority
on erotic literature
Persecution. Says Mr.. Brainard.
Mr. Brainard last night characterized
his conviction as persecution and was
bitter in his criticism or William r.
Hearst. Mr.. Brainard is secretary of the
Extraordinary Grand Jury which has
been investigating departments of the
Mayors office and the District Attorneys
office since last August. and he describes
Mr.. Hearsts alleged interest in his con-
viction to this fact.
II am the president OF Harper Brothers"
he said, "and / never saw the book until
We have literary council composed of
six men, two of whom are vice presidents
who passed upon and urged publication
of the book because in their opinion II
was an upllft book with a preface by
Judge Ben Lindsey. They admitted read
ing the book I never even read II. II
that is not persecution what is?'
Mr.. Brainard charged that the material
used by Mr.. McGrath when he was being
cross-examined was written in the office of
the New York American. The publisher
declared a carbon copy OF the two page
typewriter statement. from which he
alleged Mr.. McGrath obtained his informa-
ton. was handed TO him several weeks
ago. Mr.. Brainard said 1t contained n
history OF his life since he was seven years
old. The publisher characterized the al
,aged biography as "a pack of lies with a
thread of truth run through it,
Mr.. Brainard objected to the treatment
he received I'm the Criminal Courts Build
ing after the trial. II was treated like
criminal already convicted" he declared,
"and subjected to an unwarranted exam