The New York herald., 1921-11-15
No Evidence of Disorderly
Conduct Presented by
Prosecutor.
LEGAL STEPS PREPARED
Mgr. Dinecn Says Archbishop
Is Delighted at Action of
the Police.

Another attempt will be made Fri
day night in Bryant Hall. Sixth avenue
and Forty-second street. to hold the
final public session of the first Ameri-
can birth control congress- which was
broken up by the police in Town Hall
Sunday night.
Because there was no evidence that
they had committed disorderly act
the cases Of Mrs. Margaret Sanger,
writer on birth control, and Miss Mary
W!nsor, militant suffragist, Of Haver
ford. Pa, who were arrested at Town
Hall by order of Capt. Thomas Dono-
day by Magistrate Joseph E. Corrigan.
Archbishop Invited.
night 70 Archbishop Patrick J. Hayes
to attend Friday nights proposed meet
ing to present the Catholic Church's side
OF birth control. She said she hoped the
Archbishop would be present or send his
secretary. Mgr. Joseph p. Dineen. or any
other accredited representative.
Mgr. Dineen said yesterday he at
tended the Town Hall gathering as a
representative Of Archbishop Hayes and
that he believed the police had taken
proper action. He said he was shocked
TO see many children at the meeting.
did you have anything to do with
the order for the police to interfere with
the meetlng?" Mgr. Dineen was asked.
1T Is my belief that the police acted
rightly" he replied. '"The police ar
rangements we're very good at the Town
Hall meeting. Archbishop Hayes re-
ceived an invitation to attend and
went in his stead.
The Archbishop is delighted and
pleased at the action of the police. as /
am. because It was no meeting to be
held, as It was against public morals. I
need not tell you what the attitude OF
the Roman Catholic Church Is on birth
control. The police had been Informed
IN advance OF the character OF the
meeting"
did you inform the policeT" Mgr.
Dineen was asked.
II understand the proper police Off
cials were informed" Mgr. Dineen said.
1t was learned from other sources that
Capt. Donohoe OF the Forty-seventh
street station received telephone orders
from Police Headquarters on Sunday to
go to the meeting with patrolmen and
there find Mgr. Dineen. Chief Inspector
Lahey said that complaint had been
received at his office about a week ago
and It was forwarded to the inspector
in charge OF the Third Inspection dis
trict. He said that any further infor-
nation would have to come from Police
Commissioner Enright.
Robert McC. Marsh. counsel for Mrs.
Sanger, said that the meeting in Bryant
Hall Friday night would no doubt 60
through, and II there was the slightest
sign OF interference by the police proper
legal steps would be invoked.
Mrs. Sanger's Statement.
Mrs. Sanger issued the following
statement last night:
THE interrupted meeting will be held
at o'clock in Bryant Hall on Friday
night OF this week. The same topic,
Birth Control-Is 1t Moral?' will be
discussed This meeting viii DO free
10 tho public and IL Is expected that
both sides of this important question
will be discussed. Harold Cox, former
member OF the British Parliament and
editor Of the Edinburgh Rer1eD, and
myself Will lead the discussion.
The question am desirous of set
ting Is by whose authority our meet
ing was stopped From the, facts pre-
sented to me IL would seem that CAPT
was taking his orders directly from
someone other than a recognized gov
ernmentel authority. If these facts
are correct, as there seems reason to
believe they are, then every citizen
OF this country has cause to be
alarmed
Mrs. Sanger received hundreds Of let
ters. telephone and telegraph messages
yesterday. oil, of which expressed indig-
nation at the breaking up of the Town
Hall meeting as blow at free speech.
When Mrs. Sanger and Miss Winsor
appeared in West Side Court PatrolneD
Caine and Davis of the West Forty-sev-
enth street station. who made the ar
rest, were questioned by Richard Gibbs.
Assistant District Attorney. Mr.. Marsh
and Jonah Goldstein, attorneys for the
prisoners, did not cross-examine.
I'VE entered the hall about 8 40 and
stopped the meeting which was about to
start" Gaine testified
How can you stop a meeting when 81
Is not started?' asked Magistrate Cor
rigan
We'll" continued Gaine, "tne police
captain had Instructed me to go and
tell Mrs. Sanger TO get off the stage
which ! did. She refused to obey me
and Capt. Donohoe ordered her arrest"
Patrolman Davis said that Miss Win
sor was trying TO make a speech on
birth control and he was ordered by
Capt. Donohoe TO place her under arrest.
Capt. Donohoe did not appear in court,
but efforts were made for two hours pre-
vious TO the hearing to locate him.
Have you eny further evidence to
prouucey' Magistrate Corrigan asked
Prosecutor Gibbe
NO. have not" replied Gibbs. II
recommend the dismissal of the com
plant for lock OF evidence"
This action is dismissed" said Mag
tstrate Corrigan.