New-York tribune., 1921-12-03
Woman Witness Arrested
During Inquiry Into
Legality of Birth Con-
trolMeetingatTownHall
Action Denounced
AS Intimidation
Complaint Is Dismissed
Quickly, as Evidence of
LawBreakingIs Lacking

Mrs. Juliet Barrett Rublee, of 242
West Forty-nnth Street, whose hus-
band is George Rublee, Wall Street
broker, was arrested at yesterdays ses-
sion of the police investigation into
the Town Hall birth control meeting
of November 13. She was charged
with violating Section 1142 of the New
York Penal Code, relating to the dis
semination of birth control informa-
tion. Policeman Thomas Murphy.
stenographer at Headquarters. made
the arrest at the direction of Assistant
Corporation Counsel Martin Dolphin.
Murphy said he was ready to assume
all responsibility in the case
Mrs. Rublee was arraigned before
Magistrate Peter j, Hating in T'ombs
court. At the request of Assistant
District ATTORNEY James ]. Wilson, the
court dismissed the complaint because
of insufficient evidence. This is the
third case of the kind in one month
The same procedure and result were
recorded in the cases of Mrs. Margaret
Sanger, birth control leader, and Miss
Mary Windsor, a speaker at the No
vember 13 Town Hall meeting.
Intimidation Plan Charged
After the case against her was dis
missed Mrs. Rublee said:
at is all done in an effort to intimi-
date me. 1t is the most high-handed
thing I ever heard of. You know
have received missives threatening my
life. | cannot be inundated. l do not
scare easily"
at is persecution and attempt at in
timidation," said Mrs. Sanger. at is
stupidity of the most absurd sort The
police are constantly exceeding their
authority, but they do not seem to get
anywhere"
Robert McC Marsh, attorney for the
American Birth Control League, inti-
mated that he intended to finish what
admitted that suits, civil and criminal,
are being prepared to guard the inter
ests Of the league
The arrest of Mrs. Rublee broke up
the police investigation, which was
closed to the public. The arrest of
Mrs. Rublee also prevented Albert De
Silver, counsel of the American Civil
Liberties Union, from demanding that
Chief Inspector William j. Lahty
produce Monsignor Dineen, secretary
to Archbishop Hayes, of the Roman
Catholic archdiocese, who has been
named as the complainant in the Town
which is interested in free speech, de-
sired to have Monsignor Dineen ques-
toned.
No Warrant Produced
Mrs. Rublee was taken from the
witness stand into the custody OF the
policeman after she had admitted that
she attended the Town Hall meeting
and had read the statute section num-
bered LAP Her attorney, Mr.. Marsh,
denounced the proceeding as a high
handed move and asked for a display
of warrant but no warrant was shown
Mrs. Rublee, her attorney and
friends, ana Policeman Murphy, went
to luncheon in Mrs. Frances Acker-
mans car and then to the Tombs court
The court attaches declared lack of
jurisdiction, saying that if the Of
fense alleged had been committed at
the Town Hall the complaint should
be filed in that district. Mrs. Rublee
was brought before Magistrate Hat
ting and Assistant District Attorney
Wilson said
"Your honor, have no evidence in
this case. The police have furnished
nothing to the District Attorneys Of
fice."
81 understand the police are max
ing this complaint. We will give them
more time, until $780," the court
suggested.
"lf l have not sufficient evidence by
$3.50 I'll dismiss the whole thing" re-
spondcd Mr.. Wilson.
Evidence Is Lacking
After a long wait, during which a
whole squad of policemen stood
around and stared at Mrs Rublee, the
police brought in the complaint. Mr..
Wilson and Mr.. Marsh looked it over.
Mr.. Marsh said it didn't mean any
thing and Mr.. Wilson said there was
no evidence.
The complaint, after outlining the
section numbered LAP, charged:
That a meeting was held in Town
Hall November l3 and that the pur-
pose was to spread birth control in
formation, and upon questioning the
defendant by one Chief Inspector
CONTINUED on page slx)