The Washington times., 1920-01-24
CONVICT BRAINARD
FORINDE:CENT BOOK
Publisher Found Guilty for Cir
cuIating Madeleine" VOL
ume Deemed Salacious.
CONTINUED from First PageJ

Brainard was nanked by Joseph
Truesdale, of Delaney Nicolrss House
OF Traction. and Francis M. scout
former justice OF the appellate d.
vision OF the supreme court who Is
Truesdale's father-in-law.
Mr.. Scott Is senior member OF the
firm OF Scott, Gerard & Bowers, whlch
includes former Ambassador James
M Gerard. Spotswood ID. Bowers ano
John J. Halpan, with Offices at al
Cedar street. The senior partner as
serted that he appHared only ior
Brainard, but he directed the defense
throughout. his associates playing
only silent parts.
virtually all the defense was CON
eeBtrsted ON the aEht 90 save BRAN.
ard from punish ment. Even At IN.
fnnI summing mp the three lawyers
agreed 10 let what ha1 been said by
Mr.. scott I'm favor of Drninard serve
~ the juStiAcation for the company.
The grand jury secretary strode
! impatiently through the corridors OF
the court before the case was called
champins brar pipe. with his
$50 velour hat pulled down to his eyes
and the wide. black, gold mounted
| eyeglass string dropping picturesque
| ly from his horn trimmed spectacles.
| Plump, pink, and closely shaven, he
was still the "classy dresser or ira
dition.
| Annoyed At Deny.
. Growing annoyed at the delay, he
went into session with the eHtraor-
binary grand jury, which he called
| Mayor Hylan as a witness. and II VAS
| from there that an unimpre ssionable
cour. cop summoned him to trial.
in elevator
the top floor to the basement he re-
mark ed somewhat emotionally:.
"This is very singular thing.
Here am, a member Of the grand
! jury, listening to. charges involving
certain men mentioned in the mayors
letter. and am summoned to trial In
criminal action
After responding 70 his name. he
! listened to Harpers reader, William
| Briggs, and Directors Henry Moyns'
Thomas r. Wells. and other officers
explain how little the president knew
OF the literary activities OF the. com
pany.
This was the sole defense OF the
man. Though president, he professed
to be unaware of the existence or
Madeleine" insisting that he had not
been consulted about it. or read IL
until recently, or had even seen the
adve rtising.
Messrs Briggs and We : had as
serted that he never sat the liter
airy conference that selected books.
/ But against this, the. assistant district
attorney set Braidard's own statement
in the lower court. where he was hein
originally, to the effect that he had
not been in the conference more than
four or FIVE times in a year He
quoted the law to show that Brain
ard was responsible for the books
publication, as head of the company,
and that he was the more to blame
| II he was not aware OF. its publication.
In one breath Brainard said that
after reading the book he was or the
opinion that It should never have
been published by Harpers. In an
other he lauded II as one of the great
est books ever written. save for
single chapter.
/ Compares Book With Bible.
Time and again he compared "Made-
Iefne,- the story OF n prostitutes "a
rccr, with the Bible. Once. when Mr..
McGrath read n particularly obscene
part of the book and asked II brain
ard considercd II proper to publish II
rs "u0iift- mate rial, he answeredi
.vd hate t. sny that about every
chapter In the Bible"
The prosecutor read another filthy
section and asked Brainard's opinion
Of it. and the defendant answered:
"If | were to edit the Bible
At which Mr. Scott sprang up and
begged HIS client to leave the Brble
out OF the discussion. Under further
questioning Brainard admitted that
he did not regard the book as one
that children. prudes or young
ladies" should read. He added that
l. alNua ty b.
fishing books.
Whereupon Assistant District At
torney McGrath opened up, part OF
Brainards past in the publishing
business.
He offered in evidence an advertise
ment from Pearsons Magazine over
the name "Clinton T. Brainard. OF No.
125 Fifth avenue" in which "Oriental
/ Tales. Not for Children. Prudes or
Young Ladies'" was offered for sale.
Admits Other Lewd Books
/ Brainard admitted that he had sold
these books and authorized the ad-
vertisement. The slogan which he
adopted. mot for Children, Prudes
or Young Ladies'" he said. had been
suggested by decision of Morgan
J. OBrien, as Supreme Court Justice,
/ in a case involving the indecency OF
Paul de Rocks works.
Brainard admitted that he had
helped market Paul de Rocks works
himself, and Mr.. McGrath reminded
him that conviction had been OBJ
tained of another man on the NTH OF
this French author. Brainard pro
fessed surprise, but went on to admit
that he had also published Guy de
Maupassants Works, French Court
Memoirs and other forms OF racy nc
ton. Mr.. McGrath asked:
"Did YOU not tell friends in THO
club that you were an authority on
erotic literature? Did you not tell
Professor Hart, of Harvard. the
same thing"
Brainard denied II. He dwelt long
on his activity in financing Marshal
! Edic Ludendorffs Memoirs, saying
that he went to Germany to make
the deal and regarded IT as the big.
! gest financial venture in book pub
fishing in many years. But he In
sisfdd that he did not read books,