The New York herald., 1921-12-03
rosecutor in Court Says
There Was No Ground
to Base Charge.
SHE WILL SEEK REDRESS
Engages Counsel to Take Ac-
tion Against Police De-
partment.

night in her home. 249 East Forty
ninth street she had retained Paul
d. Cravath as counsel to take what
ever action against the police he
deemed necessary as a result of her
arrest and subsequent release yester-
day on the charge of violating Sec
ZION 1142 of the Penal Code relating
formation.
The arrest of Mrs. Rublee occurred
al The close of a hearing held In Police
Headquarters by Chief Inspector Will
responsibility for the breaking up of
the birth control meeting in the Town
Hall on November 13, at which she
testified as witness.
Later in Tombs Court, Magistrate
Peter A. Hating released Mrs. Rublee
at the request of Assistant District
Attorney James j. Wilson, who ad-
mitted he had mo information upon
which to base a charge" The COM
plant stated that Mrs Rublee had
violated that section of the penal code
making it a misdemeanor for any one
10 distribute information or devices
pertaining to birth control
After her release from the Tombs
court. where she spent nearly four
hours, Mrs. Rublee returned to her
nome and issued . stat stement ridiculng
the action OF the police and declaring
Il was done mainly to divert attention
from the investigation of the Town Hall
meeting.
She Attacks Arrest.
My arrest is only another example
of the unwarranted and malicious inter-
erence of the New York police with
The exercise of the right of free speech
and personal liberty on the part of birth
control advocates" she said. 1.-The
hearing before Inspector Lahey at
which Mrs. Sanger and l were exam
med as witnesses was to determine
whether charges should be made
against Capt. Donohue for having
stopped the Toyrr Hall meeting"
Mrs Rublee declared the inquiry, held
behind closed doors. was conducted in
n most brutal fashion,. and that
eiany of the questions were framed in
tte hope OF trapping witnesses into
aanaGlng admissions.
she charged Martin Dolphin, an AS
stant Cooperation Counsel attached 10
Police Headquarters. with having insti-
cated her arrest after comforting with
Inspector Lahey at the close of her
qtimony.
Apparently my crime consisted in
having read section 1142 of the Penal
C,de aud having read It in attending
tho Town Hall meeting on November 13.
or perhaps my crime lay in expressing
the opinion that section 1142 Is un-
wise legislation" Mrs Rublee added.
Nfter going over the evidence pre-
sonted by Patrolman Thomas j. MUIR
p1y. who arrested Mrs. Rublee, Assist
ant District Attorney Wilson admitted
he had no information on which to base
charge, and recommended that Mrs.
puhee be dismissed Later he said
THE only evidence | had was that
rptrolman Murphy said he heard Mrs.
Bublee testify she was present at the
Town Hall meeting on Nov vember 13.
and that does not constitute crime"
Police Realize Mistake.
THAT the police realized they had
acted hastily and that a second mistake
had been made In the birth control con-
iroversy was shown by the silence that
prevailed In Police Headquarters after
81 became known the charge against
Mrs. Rublee had been dismissed
chief Inspector william ]. Lahey. who
presided at the meeting and whose
questioning of Mrs. Rublee brought
about her arrest. referred all inquiries to
Acting Police Commissioner John A.
Leach. who in turn sent out word that
Assistant Corporation Counsel Martin
Dolphin was In charge OF the case Mr..
Dolphin was not In his Office after the
relense OF Mrs. Rublee and efforts to
-cach him In his home last night were
cu'lic.
After Mrs. Rublee's acquittal Robert
ucC. Marsh, counsel for the Birth Cor
ro League, declared the arrest to be
n dlsgrnceful violation OF personal lib
rty" showing either malice or extreme
rupidity on the part OF the Police De
artment. Mrs. Margaret Sanger, M
aiding advocate OF birth control. and
umber OF her friends denounced the
ction Of the police as part OF dellb-
rate programme OF persecution and
itimidation."
During n discussion between the court
nd Mr.. Marsh regarding the motives OF
ie police. Magistrate Hating defended
,e conduct OF the officials OF the depart.
'ent, expressing the opinion the arres;
ad been made because of fear of criti-
Ism they had not been sufficiently
igilant In suppresslng open discussions
IN birth control.
II think you will find In the final
y nalysis.' said Magistrate Hating.
thet no wrong motive can be at
ibuted either 10 the heads at Police
headquarters or the men. Whatever
hey are doing, they are no doubt
Continued on PAGE Four.
Theatrical and Hotel and Re.tnuranfs
n A' crsising win be found on Pare ff--Adt-