The New York herald., 1922-01-24
SANGERRAD inquiry
ENDS in BRIEF CLASH
4
Hirshfield AdjOurns Hear
ing After Barring Birth
Control Lawyer.
NO TESTIMONY TAKEN
Dispute Over Notes Stirs
Accounts Commissioner
to Silence Marsh.
KISSES MARK SESSION
KISSES MARK SESSION
Prominent Women Attend In
vestigation into Arrests at
Town Hall by Police.

David Hirshfield, Commissioner OF
Accounts. began yesterday the Hylan
administration's investigation into the
justification Of the police. allegedly
acting under the request of Archbishop
Patrick J. Hayes. in breaking up a
public meeting on birth control in
Town Hall last November and arrest
ing two women speakers.
The hearing lasted thirty minutes
without witness being called. At the
end Of the time Mr.. Hirshfield had
barred from the proceeding Robert
McC. Marsh, attorney of the Birth Con-
troll League and personal lawyer of one
of the women arrested; had refused to
accept the statement Of Mr.. Marsh and
Others that the ground on which he
barred Mr.. Marsh was unintended and
had made gesture toward further use
of police force by calling policeman
to find chair" for Mr.. Marsh.
Mr.. Hirshfield then adjourned the
hearing until Thursday. Both Mr.. Marsh
and Paul D. Cravath, lawyer for Mrs.
Juliet Barrett Rublee, who was arrested
ne the last hearing. which was before
Chief Inspector Lahey, on December 2.
retired fror active participation in the
case before Mr.. Hrshfield. With the
hope Of more amicable. procedure they
obtained the services of Emory r
Buckner.
Mr.. Buckner conferred later with Mr..
Hirshfield, and the hearing date was
. postponed until January 81. that Mr.
Buckner might familiarize himself with
the case and clear up pending engage
ments.
Series of Events Recited.
Tho hearing was opened by Mr..
STavath, representing Mrs. Margaret
Sanger, who. with Miss Mary Winsor. of
Philadelphia. was arrested at the Town
Hall meeting. Mr.. Cravath told of the
interference OF the police, who refused
70 allow the meeting to proceed. and the
arrest Of the two women who refused
to leave the speakers platform. He
told OF how Mrs. Sanger and Miss Win.
sor later were released by Magistrate
Corrigan. who ruled that the police had
failed to submit sufficient evidence even
to justify the drawing of a complaint.
Mr.. Cravath said the breaking up Of
the meeting at Town Hall was an un.
warranted infringement on the right OF
free speech. rho arrest OF the women
was as dastardly an act by the police
4. 4 L.
he asserted. He was not an advocate of
birth control. he explained. but felt
strongly concerning safeguarding FREQ
speech, and, therefore, with his asso-
ciates, had insisted to the Mayor that
the police be made to explain their
actions
Mr.. Cravath introduced Mr.. Marsh,
who. he said. was more familiar with
the facts and circumstances surround
ing the Town Hall incident.
Mr.. Marsh's trouble with the Com
missioner began as soon as he was on
the floor.
did you have minutes taken of the
Park Theatcr meetlng?" Mr.. Hirshfeld
asked.
Mr.. Marsh replied that he thought
such minutes were taken, and added
that the Corporation Counsel also sent
a stenographer who tbk notes; that he
had talked with the stenographer OF the
Corporation Counsel's office and knew
that full minutes had been taken and
that account was available to the Com
missioner.
Accused of 'Sidestcpping.'
Commissioner Hirshfield then declared
that he preferred the Birth Control
Leagues minutes to those of the Cor
poration Counsel and accused Mr. Marsh
of trying to "sidestep" the issue. Mr.
Marsh denied the imputation and added
II resent vigorously. Mr.. Commits
sioner, that there was any disposition to
delay the matter Of getting the minutes
OF the meeting"
you," cried Mr.. Hirshfeld, banging the
table with his gavel. You are here by
courtesy only. You are not In Town
Hall or any other hail."
"My resentment Is redoubled----" be-
gan Mr.. Marsh. He was shut Off by the
Commissioner. who shouted:
Take your seat. sir Take your seat 7
Retire I" Then turning to policeman.
Here. find chair for this gentleman"
Mr. Marsh took his seat. still protest.
Ing that he had been misconstrued.
Crnvnth Pleads for Marsh.
MI. tIdNdtfi tnttfCtuCu lot MT. NlaTSn I.
"I have had some experience before
the courts, Mr.. Commissioner. and I
think Mr. Marsh has not been treated
as n gentleman or as one should be
treated before a court. think that
resentment Is a privilege of any member
OF the bar"
The Commissioner. however. refused
TO allow Mr.. Marsh to proceed. Mr.
Cravath repeated twice more his request
that Mr.. Marsh be heard. finally declar-
ing. "If Mr.. Marsh Is to be denied the
right OF speech"
free speech?" inquired the Commits.
sioner. superciliously.
Speech. said" continued Mr.. Cra-
vath. Then my feeling Is that II Is of
no further use for us 10 proceed. l wish
10 add that I do not think you are justl.
fled In excluding Mr.. Marsh. and I dc
not feel that Mr. Marsh has insuited
you"
Perhaps your skin Is thicker than
mime" retorted Commissioner Hlrshfield
Mr. Marsh then requested Permission
20 make statement.
II don't want any statements'
snapped the Commissioner.
Mr. Marsh proceeded anyway with the
statement that. while he did not offer
on apology since he could rot feel that
he had said anything warranting an
apology he regretted that the Commits
rioner should have gained the impress
sion that ne had been ipsultcd.
THAT Is merely adding insult to In
jury" replied the Commissioner. and he
adjourned the hearing.