New-York tribune., 1922-02-18
Law Violated
BY Police at
Birth Meeting
Statute Read at Hearing to
Prove Mrs. Sanger's Ar
resi- Illegal and Disturbers
Guilty of a Misdcmeanor
Donal,uc Defends Action
Speakers Dcfcd Him, Cap.
tain Testifies. and Hirsl,-
field Comes to Rescue

The third and last hearing before
on the complaint of a citizens commit
tee in regard to the action Of the po-
lice in preventing the birth control
meeting at Town Hall on November
13. 1921. was held yesterday Captain
Thomas Donahuc, Of the 18th Precinct.
who directed the raid, was the chief
witness. Under examination by Emory
r. Buckner. counsel for the complain
ants, Captain Donahuc declared he
stopped tho meeting on orders from
Police Headquarters and not because
any specific crime had been committed
lie assumed that complaints had been
made at headquarters.
The captain said he ordered the ar
rest Of Mrs. Margaret Sanger and
Mary A. Winsor. birth control advo-
Gates, because they were disordcrly. He
said he ordered them from the platform
when they were trying to speak and
they dcfied him and refused to leave,
declaring they would force him to ar
rest them.
"You arrested her because she dcficd
you?" asked Mr.. Duckncr, referring to
Airs. Sanger.
Police Definition Of Crime
II ordered an officer to arrest her
because she caused quite IL commotion,' -
Captain Donahuc replied.
wv hat crime had she committed be-
fore you ordered her to leave the plat
form ~ asked Mr.. Buckner.
"She said she would not leave, vas
the reply.
But what crime had she committed ~
persisted Mr. Buckucr
She was melting people to dis
order said Captain Dohahuc.
"Was she or the Police Dcpartmcut
doing that"' asked the lawyer.
"Shc was" answered the police cap
tain.
Al this point Commissioner Hirsh-
held tried to interrupt Mr.. Buckner's
examination Of the witness, but Mr..
Buckner was insistent that he wanted
to know what crime had been com
mitted before the police acted. MIR.
penal laws, which provides that "a
person who, without authority of law
willfully dsturbs any assembly or
meeting not unlawful in its character
Is guilty of a misdemcanor.'
ut doesn't make any difference what
the police thought was going to hap
pen at that meeting" said Mr.. Buckner
II maintain that this captain com
mittcd q misdemcanor in stopping this
meeting before crime WAS committed
Mr.. Buckner explained that the meet
ing was held merely to discuss a modi-
tcation in the law concerning birth
for propaganda purposes. When Mr.
Buckner tried to find out why Captain
Donahue had not attended the court
arraignment of Mrs. Sanger and Miss
Winsor. as Magi Corrigan had
instructed him to do, Commissioner
Hirshtield went TO the police captain
defense and the information sought
was not obtained. Mr.. Buckner charged
that "it was an added outrage to send
the two women to the station house
and to court in a patrol wagon.
No Basis for Arrests
Richard Fl. Gibbs. Assistant District
Attorney, who was present at the pro
ceedings in the magistrates court when
the two women were arraigned, testi-
fled that he could find no basis for the
arrests. Mr.. Buckner characterized the
whole proceeding as fragrant and
outrageous performance" on the part Of
the police.
Thomas j. Murphy, a patrolman as
signed as stenographer in the office of
Assistant Corporation Counsel Dolphin
at Police Headquarters. testified as to
the circums stances Of the arrest of Mrs
Julia Barrett Rublee, at the hearing
before Inspector Lahey, at Headquar-
ters. Murphy said he arrested Mrs
Rublec at the instigation Of Mr.. Dol
phin, and swore to a complaint against
her. The complaint, the witness said
was based on the phraseology of GER
tain circulars Of which he had merely
read the captions. Mr. Buckner placed
the circulars in evidence, contendng
that there was nothing in any of then,
which was in violation Of the law. The
hearing was adjourned, and, at the sug-
gestion of Commissioner Hirshiield. Mr.
Buckncr said he would submit brief
summing up his side of the case in de-
tail.