The New York herald., 1922-02-18
Birth inquiry ENDS;
ARRESTS DENOUNCED
Hirshfield Serene as He
Gets Testimony for Re-
port to Hylan.
TRUCE WITH LAWYERS
Prominent Folk Leave the
Hearing With Decision
in Doubt.
CAPT. DONOHUE ASSAILED
Stenoerapher Tells How He
Was Ordered to Take Mrs.
Rublee in Custody.
CAPT. DONOHUE ASSAILED

end yesterday morning when Commits
soner of Accounts Hirshheld reas-
sured members Of the legal profess
sion Of their right to appear before
him.
The Commissioner was inspired to
make his closing statement by the
fact that during the first thirty min
rtes of the investigation on January
% one attorney, Robert McC. Marsh,
had been barred by him. and another,
Paul d. Cravath. had decided it was
impossible to continue. The words of
Commissioner Hirshfield in closing the
investigation were:
No lawyer need hesitate to appear
before me. I do insist, however, that
he ought to act like a lawyer ought
10 act. I've shown several lawyers the
door since I've been here and think
they've profted by it."
No Indication of Decision.
After that there was nothing for the
prominent men and women attending
the hearing to do but disperse, ex-
changing views on just what the Com
missioner will report TO Mayor Hylan
concerning the police raid on the meet
ing and the arrest OF Mrs. Margaret
Sanger and Miss Mary Winsor for try
ing to make speeches. and the later ar
rest OF Mrs. Juliet Barrett Rublee on
grounds that no one could understand.
not even the policeman who arrested
her. All three women had been freed in
court.
Commissioner Hirshfield was in an
amiabe mood. which seemed from his
words to spread protectingly over police
officials whose actions had caused the
committee of ten prominent citizens to
protest to Mayor Hylan. Concerning
Thomas j. Murphy. policeman and ste
nographer, who arrested Mrs. Rublee
after her testimony at a hearing at
Police Headquarters before Chief In
Ipector William J. Lahey, the Conn.,
missioner said:
I'm not going to let you make
scapegoat of this young man. He's too
Young to know about birth control.
Hes not too young to arrest
woman for a crime" retorted Emory X.
Buckner third and surviving lawyer
zor the citizens committee.
Murphy in his testimony before Hirsh-
field said that he had not even heard
Irs. Rublee's testimony before the IN
!.ahey hearing by Michael NJ. Dolphain.
assistant Corporation Counsel, who said
70 him, he testified:
This woman has admitted n crime.
When Murphy protested that the
crime a misdemeanor, had not been
committed in his presence. he said Mr..
Dolphin replied:
..Im ordering you 10 arrest her"
Murphy told how Dolphin had read
4he minutes OF Mrs. Rublees testimony
10 him and he had arrested MIS-.
-Sublee In Tombs court James j. VIII
ION. Assistant District Attorney, had
recommended her release. as there was
nothing in the minutes to Indicate tnat
sny violation of the law concerning the
dissemination of birth control informa-
lion had been committed.
only Obeyed orders.
The gist of the testimony before Mr.
Iirshfied by Police Capt. Thomas Don
shue. the man who stopped the Town
Hall meeting. was orders are orders
even when. as Mr.. Buckner brought out
Ihey come from some individual at
Police Headquarters unknown to the
CAPTAIN Although Capt. Donahue
,aided the meeting and made the ar
rests. he said all he knew OF the source
OF the order was that telephone op-
orator Mt Police Headquarters had told
lis precinct desk lieutenant ""9cp'
Courtney, to tell him 10 stop the meet
ing.
Al the hall he saw Mgr. Joseph ].
1)innen. he said. He testified that the
clergyman had called attention TO the
presence Of children in the hail. When
ne entered he ordered Mrs. Sanger from
the platform.
what crime had she committed be-
fore YOU ordered her to leave the plat
Sorr, Mr. Rucnner asked.
she said she would not leave" Capt.
IOonahue answered.
But what crime had been COM
ynitted?"
'.she was melting people to dis
order"
doing that?"
"She was"
Despite objections by Commissioned
rIirshfIeld Mr. Buckner insisted on
knowing what crime had been COM
,ritted and quoted section 1870 OF the
penal laws. relating to the disturbance
of an assembly without authority.
ut doesn't make any difference what
the police thought was going 10 happen
at that meeting" said Mr. Buckner. II
maintain that this captain committed a
,nisdemeanor in stopping this meeting
before a crime was committed ] want
20 know what was unlawful there be-
fore the captain ofocFeu every out Out'
''There was crowd in the hall and
peopIe were blocking the aisles." Capt.
ponahue interrupted.
You did not arrest them for block
snR the aisles. did your
mo"
when Mr. Buckner placed Richard II.
Gibbs. Assistant District Attorney, on
,he stand to testify &C the proceedings
nj the Magistrates court where Mrs.
sanger and Miss Winsor were arraigned
MIR. Hlrshfield said:
''In the light OF the lack OF intelligence
s.-rlayed by the captain on the witness
Sand I don't know why you want TO
proceed this way"
Mr.. Gibbs testified he could find no
bc sis for the arrest, which Mr.. Buck
nor described as "a Migrant and out
rageous performance" on the part OF the
police.
Among those at the hearing were Mrs.
Winthrop Mcfin. Mrs. George Hail. Jr.,
Mrs. Jofh Howard Child. Mrs. Rublee,
rabbi fEldstein OF the Free Synagogue
end NfTp And Mrs. Lewis l.. Delaficid.