The Indianapolis times., 1929-04-29
SEX AUTHOR
IS FINED $500
BYU. 5. JUDGE
Paroled Pending Appeal on
Federal 0bSCenity
Charge.
WOMAN EXPLAINS STAND
Convicted Grandmother
Wrote Pamphlet for
Her Sons.
WOMAN EXPLAINS STAND

~ yrftcd Prose
BROOKLYN, April % - Mrs.
Mary Ware bennett was fined $500
today by Federal Judge Warren B.
Burrows for sending her pamphlet
The Sc Side Of Life" through the
mails.
Judge Burrows paroled Mrs. Den
nett to the custody of her attorney
until Tuesday afternoon. when ap-
peal papers are to be filed. Mrs.
bennett has declared she will go to
prison rather than pay fine.
Roger Baldwin, director OF the
Civil Liberties Union. today an
uounced that a test of the obscenity
law. under which Mrs. bennett was
convicted. will be made by more than
100 musicians. professors. clergymen
and lawyers who will be asked 10
sign O copy Of Mrs. DennettS
pamphlet and have it forwarded to
President Herbert Hoover.
Mrs. bennett is 50 years old and
Grandmother. She wrote her
pamphlet for two sons. Since then
oe.000 copEs have been circulated,
through medical organizations. COL
leges. churches. the I. NJ. G. A.
and I. W. c. A.
Defends Self on Talk
The federal court room in which
Mrs. bennett was to be sentenced
was crowded long before Judge Bur
lows reached her case in his de-
uberate call of the calendar
With the calendar disposed OF
Judge Burrows summoned Mrs.
bennett before the bar and gave
her the usual opportunity OF speak
ing before sentence. Her face bore
q grave expression. Beside her stood
her ataorney and a little behind
them James z. Watkinson. assistant
United States attorney, who had
prosecuted her.
Have YOU anything to say before
sentence is passed upon YOU" Judge
Burrows asked.
Mrs. bennett said:
I would invite the attention OF
the court and American citizens
generally TO the fact that during
the eleven years that this pamphlet
has been published and in circu-
lation. no adverse criticisms nave
ever come to me, based upon any
thing remotely connected with the
defendant tmeaning herself. The
total number of adverse criticisms
which 7 have received by letter has
been less than a dozen in eleven
years
Sentence Is Imposed
"All of those criticisms purely
were negative in character. Not one
even remotely impinged upon vul-
garitv. Thousands of decent in
telrpent citizens have indorsed this
pamphlet steadily and increasingly
for eleven years.
Hundreds. and think thousands.
subsequent to the indictment, have
also Endorsed it.
In ell the press editorials that
I have seen. not a single one has
been adverse to the pamphlet or the
defendant.
Surely the press of the country
aud those thousands of representa-
tive citizens are not all Of them
corrupt. ] would call attention to
the fact that the pamphlet is sold
legally and still is being sold in
every state Of the union. in book
shops. through organizations and
in various ways. To maintain a
verdict of this sort. in view of that
fact. seems to be. 70 put it mildly,
inconsistent
As Mrs. bennett finished speak
ing Assistant District Attorney
Wilkinson diSSented.
That is not in accordance with
the fact" he said. eve have had
many complaints about that
pamphlet
Mrs. bennett looked at Wilkin-
son, but said nothing.
Judge Burrows tapped his gayel
gently and imposed sentenced.
Charge Jury Coercion
TT has been called to my atten-
ton" he said. that in 1922 an off,
cisl al Washington notified Mrs.
bennett that 1t was a violation OF
the law 10 send this pamphlet
through the mails. Despite that,
she continued to send it. I fine her
$780,
Some of the jurors we're quoted,
after the verdict had been returned
as saving that the bailiff who had
them in charge urged them 10
hasten their deliberations if they
didn't want to be held over for an
other meal. The defense sought TO
argue that this was improper coer-
cion upon the jurors, and thereby
gain a ruling of a mistrial.
Booze and Pool Tickets Found