New-York tribune., 1921-12-03
Police Seize.
Court Frees,
Sanger Aid
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Lahey. the dcponent (Foliceman Muir
phy) had heard the defendant admit
she attended the meeting and that
she was familiar with the statute.
Mr., Wilson Immediately moved dis
missal and the court dismissed. A
transcript Of what then occurred fol.
lows:
Mr.. Marsh said: 81 thank the court
and the District Attorney. This is
the second time this month that the
people who participated in this meet
ing have been taken to court and the
District Attorney has moved to dis
miss on the ground that there was no
evidence of any crime. As citizens we
must realize that this action must
have some malice behind it,"
The Court--If you want my personal
opinion. it is matter of fear on the
part of the police that they will be
criticized. Do you know that the COM
mon people are opposed am talking
about the common people they look
with horror upon the very idea of birth
control. am not talking about the
educated element, Judge Marsh; I am
talking about am at a loss to use
the proper word. For instance, there
are certain religions to which the idea
of birth control is abhorrent. They
look upon it as flying in the face OF
Gcd.
Question of Responsibility
"Upon the other hand, you have a
man like Judge Graham out Vest
read something in the newspapers
who wanted to operate on woman
and man, claiming they were unfit to
have children or bring children into
the world"
Mr.. Marsh-That is perfectly true
the sufferers in this case have no in
dividual feeling against the individual
officers who have been placed in the
unpleasant duty of making these ar
rests. But their superiors who direct
them have intelligence enough to con-
slider this question, especially, your
honor. They cannot claim any fear or
uncertainty of the law when our great
daily newspapers are openly discuss
ing it.
The Court am not going to get
mixed up in any birth control discus
sion. (The court threw up both hands J
That is too sharp-edged an instrument
to get mixed up with.
Mr.. Marsh-The only thing is we be-
lieve every citizen has the right to dis
cuss it.
final analysis no wrong motive can be
attributed to either the heads of the
police headquarters or to the men
Whatever they are doing, no doubt they
are prompted to do by the very best
motive in the world--the full discharge
Of their duties. 1t may be that birth
control is one of the greatest problems
needing attention, but that may not
appeal to other people.
Mr.. Marsh-But Judge Greenbaum
has said that no believer in a republi-
can form of government can claim that
this is not a proper subject for dis
cussion. Of course, If the police do not
believe in republican form of gov
The Court-Judge Marsh, you are all
cooked and primed with things like
that to throw at me. (The court threw
up his hands again.)
The American Civil Liberties Union
issued a long statement last night de-
claring the arrest of Mrs. Rubee to
be an outrage and Inspector Lahey's
treatment of her criminal" The state
ment declared the move was an at.
tempt to intimidate the birth control
advocates and to prevent them from
bringing actions for false arrests. The
league said it would demand On in
vestigation by Mayor Hylan.