New-York tribune., 1921-12-08
Excuse for Raid
On Mrs. Sanger
Heard Secretly
Attorney for Birth Control
League Says Police Are
CLOSING Over Outrage
and Shielding Higher-Ups
Capt. Donohue on Stand
Asserts He Stopped Town
Hall Meeting Because He
Expected Law Violation

Another session of the investigation
into the stopping of the birth control
mass meeting at Town Hall recently
was held at Police Headquarters yes
terday. Police Captain Thomas Dono-
hue, attached to the West Forty-sev-
enth Street police station, who is said
to have had charge of the police inter
ference, took the stand In his own be-
half.
Robert McC. Marsh, legal adviser of
the American Birth Control League, in
statement issued last night, ccnsured
the police for holding the inquiry with
out notification being sent to the
league or any of the complaining wit
nesses.
Mr.. Marsh said that this action
showed further evidence of an inten-
tion on the part of the police to "gloss
over the outrage without pretense of
respecting either truth or Justice" Mr..
promise that he would be notified in
advance Of the holding of the meeting.
Assails Men Higher Up
His statement read in part:
"Mrs. Rublee's arrest destroyed what
faith l had in the investigation at
Police Headquarters. l confess that
until tho investigation began / had
hoped the lawless act of Captain Dono-
hue might prove due to individual ig
norance Or excess of zeal, but subse-
quent events have proved that he does
not stand alone. Every development in
the play reveals new actor, each one
apparently Of higher rank than the one
preceding"
All police officials refused to be
quoted in reply to Mr.. Marsh's state
ment, but it was admitted that the
session yesterday was within the rules
and regulations Of the department.
One man said:
'In this particular case the police
investigation is to determine whether
Captain Donohue exceeded his author
ity. In such cases the department reg
uations call for the testimony of the
planning witness. and that of any
person he cares to call to substanti-
ate the complaint. During the giving
of such testimony the man under fire
is permitted to be present. While he
is putting in his defense, however, the
complainant and his or her witnesses
after the testimony is all In the
chief inspector decides whether the
evidence warrants placing the offend.
ing officer on trial. The inspecto,
makes his recommendatio in the case
to the Commissioner"
Mr.. Marsh said he knew all this, but
Inspector Lahey nullifed the rules by
inviting and permitting him to examine
witnesses.
Feared Law Would Be Violated
Coptain Donohue's testimony was
that he stopped the meeting to pre-
vent violation of the law being COM
mitted. He said had he not done SO
he would have been open to charges.
The captain said he had received sew
eral letters complaining that a meet
ing was to be held that might result
in impairing the morals of children
and minors. He said that he knew
Mrs. Margaret Sanger, who was to be
one of the speakers, and he believed
the law would be violated. He said he
decided to stop the meeting after he
entered the hall and observed num-
ber of children between ten and twelve
years of age. The majority of the
women in the place, he testified, ap-
peared to be about eighteen years old
and unmarried. Several other police
men testified. Two patrolmen testified
they saw at the meeting females o.
tender age"
The meeting was held several days
later at thcater without police inter
ference.