Ethel had gone one hundred and three hours without eating when

Commissioner Lewis established a precedent in American prison annals by

ordering her forcibly fed, the first woman to be so treated in this

country. He stated optimistically to the press how simple the process

was, consisting of merely rolling her in a blanket so she could not

struggle, and then having milk, eggs, and a stimulant forced into her

stomach through a rubber tube. He stressed how healthy she continued to

be, how little opposition she offered, how foolish the whole thing

appeared to him anyhow; he was going to charge her for the expense

incurred in calling in an expert to feed her.

As soon as I heard my sister was “passive under the feeding” I became

desperately anxious about her; nothing but complete loss of strength

could have lessened her resistance.

After one interview Commissioner Lewis had barred all reporters and

given out a statement of his own. “I have not much patience with Mrs.

Byrne’s efforts to get advertising for her cause, and I won’t help such

a campaign along by issuing bulletins.”

But bulletins were being issued, nevertheless—and printed.

From prearranged sources I was receiving messages and notes each

evening, and reports on Ethel’s pulse and temperature. Thus I learned

her vision was becoming affected and her heart was beginning to miss

beats, due to lack of liquids. “Going without water was pretty bad,” she

said herself. “At night the woman whose duty it was to go up and down

the corridors to give the prisoners a drink if they wanted it stopped

right by my cell and cried, ‘Water! Water!’ till it seemed as if I could

not stand it. And on the other side of me was the sound of the river

through the window.”

Nobody was allowed to visit Ethel but J.J., who, as her lawyer, could

not well be refused. But reporters have their own mysterious ways of

getting what they want. The _World_ man succeeded in reaching her. It

was not on the whole a successful interview, because she did not know

who he was, but it did have one important result—it confirmed at first

hand our statements as to the seriousness of her condition.

In the midst of my anxiety over Ethel, my own trial opened January 29th

in the same bare, smoky, upstairs Brooklyn court in which she had

appeared. Justices John J. Freschi, Italian, Moses Herrmann, Jewish, and

George J. O’Keefe, Irish, sat on the bench. Judge Freschi, a rather

young man, presided, and on him we pinned our hopes. We did not expect

anything of old Judge Herrmann except that, because he was Jewish, he

might be broad-minded. As to Judge O’Keefe we had no illusions.

No less than thirty of the mothers of Brownsville had been subpoenaed by

the prosecution, but about fifty arrived—some equipped with fruit,

bread, pacifiers, and extra diapers, others distressed at having had to

spend carfare, timid at the thought of being in court, hungry because no

kosher food could be obtained near by. Nevertheless, all smiled and

nodded at me reassuringly.

Formerly, a few women of wealth but of liberal tendencies had been

actively concerned in the movement, but now some who were prominent

socially were coming to believe on principle that birth control should

not be denied to the masses. The subject was in the process of ceasing

to be tagged as radical and revolutionary, and becoming admittedly

humanitarian.

In this room, side by side with the ones to be helped, sat new helpers.

Among them was Mrs. Amos Pinchot, Chairman of the Women’s Committee of

One Hundred, formed to lend support to the defense. Her reddish hair

betrayed a temper quick and easily aroused in the cause of justice.

Aristocratic of bearing, autocratic by position, she was one to command

and be obeyed, and was easily a leading personality in the philanthropic

smart set of New York. Among her valuable services was the bringing into

the fold of the mothers and aunts of the present active Junior Leaguers.

Mrs. Lewis L. Delafield’s limousine stood in front of the doors at

almost every trial and it meant a great deal to the defendants to have

the wife of one of the most eminent members of the New York bar in the

courtroom. By her very demeanor and looks—white-haired, a fragile

countenance—you knew she could touch nothing that was not fine, and that

she had the spiritual courage to stand by her ideas and ideals in both

her public and private life. Always she opened her home and her heart

and her arms to those she loved.

Fania was called first. She was a girl with a pale and delicate face,

and was too worried to bear the strain. She should not be punished for

co-operating, and I told J.J. to notify the court that she was not well,

though I strictly forbade him to say anything about my health. Her trial

was brief, narrowing itself down to whether _What Every Girl Should

Know_ was to be classed as indecent. A few days later she was found

guilty and sentenced to fifty dollars’ fine, a decision which was

eventually reversed on appeal.

It surprised me that in my trial the prosecution should be carried on so

vehemently, because the prosecutor had little to prove. To me there

seemed to be no argument at all; the last thing in my mind was to deny

having given birth control advice. Certainly I had violated the letter

of the law, but that was what I was opposing.

I grew more and more puzzled by the stilted language, the

circumlocutions, the respect for precedent. These legal battles, fought

in a curiously unreal world, intensified my defiance to the breaking

point. I longed for a discussion in the open on merit and in simple,

honest terms.

I thought I might have my wish when Judge Freschi, holding up a cervical

cap which the prosecuting attorney had put in evidence, said, “Who can

prove this is a violation; the law states that contraception is

permitted for the prevention of disease. May it not be used for medical

reasons?”

This question raised my hopes high. At last the law might be interpreted

according to the definition I so desired; ill health resulting from

pregnancy caused by lack of its use might be construed as disease.

Then one by one the Brownsville mothers were called to the stand to

answer the District Attorney. “Have you ever seen Mrs. Sanger before?”

“Yess. Yess, I know Mrs. Sanger.”

“Where did you see her?”

“At the cleenic.”

“Why did you go there?”

“To have her stop the babies.”

The witness bowed sweet acknowledgment to me until she was peremptorily

commanded to address the court.

“Did you get this information?”

“Yess. Yess, dank you, I got it. It wass gut, too.”

“Enough,” the District Attorney barked, and called another.

Time after time they gave answers that were like nails to seal my doom,

yet each thought she was assisting me.

J.J. saw how their testimony could be turned to our advantage.

He asked, “How many miscarriages have you had? How much sickness in your

family? How much does your husband earn?” The answers were seven, eight,

nine dollars a week.

At last one woman more miserable and more poverty-stricken than the rest

was summoned. “How many children have you?”

“Eight and three that didn’t live.”

“What does your husband earn?”

“Ten dollars a veek—ven he vorks.”

Judge Freschi finally exclaimed, “I can’t stand this any longer,” and

the court adjourned over the week-end.

J.J. was jubilant, because he said there was nothing for him to do; the

court was arguing his case for him.

I myself was feeling a little conscience-smitten. A mass meeting of

sympathizers had been organized by the Committee of One Hundred for that

evening in Carnegie Hall, and I went straight there from the courtroom.

I had a speech ready in which I said we were being persecuted, not

prosecuted; that the judges were no better than witch-burners. It was

unfortunate, but copies had already been released to the press and the

wording could not be changed.

Helen Todd, the Chairman, a grand person who had been trained under Jane

Addams, had given the mothers of Brownsville places of honor on the

platform to let everybody see what kind of women we were fighting for.

She asked for twenty volunteers to follow the example of the English

suffragettes who had gone on hunger strikes en masse, but no women whose

names registered socially in the public mind were willing thus to join

in protesting against the law; only working girls came forward.

Three days later Jessie Ashley and I took the train for Albany with Mrs.

Pinchot, who was a close friend of Governor Charles S. Whitman, to ask

him to appoint a commission to investigate birth control and make a

report to the State Legislature. The Governor, who was fair and

intelligent, quite distinctly representing a class of liberal

politicians, received us cordially.

Ethel and her hunger strike had been front-page news for ten days; in

the subway, on street corners, everywhere people gathered, she was being

discussed. In Washington and Albany congressmen and legislators were

sending out for the latest details. Governor Whitman naturally asked

about her, and we seized the opportunity to try to impress on him the

outrageousness of making her suffer for so just a cause. He said

directly her incarceration was a disgrace to the State. He was entirely

out of sympathy with the courts and judges, and offered a pardon

conditional upon her ceasing to disseminate birth control information.

But I had not come to ask that favor.

“My sister wouldn’t take a pardon,” I replied, much to the distress of

Mrs. Pinchot. However, I accepted gratefully his letter to the warden at

Blackwell’s Island authorizing me to see her.

The next morning I appeared again before the court. During the three-day

interim the effect of the mothers’ testimony had evidently been effaced

from the judges’ minds, and they were infuriated by my Carnegie Hall

denunciation. But far more detrimental to my hope of a new

interpretation was the prosecution’s introduction of a Federal agent who

had once confiscated a copy of _Family Limitation_ in which was the

picture of this same cervical cap; he read aloud my advice to women to

use it as a means of preventing conception. Not even the most friendly

judge could get away from the fact that I had intended a far broader

definition than any permitted by the existing law.

The prosecution argued further that the constitutionality of Section

1142 could not be challenged, because the exception for physicians in

Section 1145 already guaranteed “liberty” to citizens. And, since I was

not a physician and consequently did not come under the exception, the

court must, in any event, find me guilty. This they did.

The day had been so full that I was not able to avail myself of Governor

Whitman’s permit to visit Ethel until evening, when Mr. and Mrs. Pinchot

took me in their car to the Workhouse. I remember how cold it was; the

trip on the ferry seemed to go on forever. But when we finally arrived,

at the name of Pinchot, the friend of the Governor, doors swung open;

officialdom turned polite and courteous and salaamed us on our way.

The Pinchots remained below while I was sent up to Ethel’s cell, where

she was lying on her iron cot, dressed in readiness for her release. Her

appearance shocked and horrified me. She had grown thin and emaciated,

her eyes were sunken and her tongue swollen, high red spots stood out on

her cheeks. She could not see me even across the narrow cell, knowing me

only by my voice. Hers was muffled as she whispered me to come nearer,

her mind confused. “Liberty,” she kept repeating, “I want my liberty.”

Her life was all that mattered to me now. I had to eat humble pie, and

said to the matron I was going to telegraph Governor Whitman that she

was too ill to accept the conditions of the pardon for herself, but I

would promise on her behalf. I was told that he had already signed the

pardon, was on his way to New York, and to wait downstairs, please.

After about half an hour we were informed Mrs. Byrne was coming down. I

went along the hallway to meet her. She was being held up by two

attendants, the matron following with wraps. Her head was rolling from

side to side, and I could see from the pallor of her face, especially

from the pinched look of her nose and mouth, that she was losing

consciousness. I protested to the matron, but orders had been given and

were being obeyed; Commissioner Lewis wanted the newspaper pictures to

show her coming out on her feet.

Running back to the room where the Pinchots were sitting, I exclaimed,

“She’s fainting!” Then Mrs. Pinchot clapped her hands imperiously and

directed the attendants to lay Ethel down immediately and bring a

stretcher. A command from her worked like magic. She wrapped her own fur

coat around the pathetic figure and, as soon as Ethel felt the softness

and warmth, she knew she was safe. We carried her over to my apartment

to begin the protracted period of recuperation. Only after a year’s

convalescence was she able to take up a normal life again.

Being the real instigator, I had every reason to expect a longer term

than Ethel. Logically, her hunger strike had served its purpose; that

form of strategy was closed. But personally I decided that, if I should

receive a year, I should do the same. On the other hand, if I were given

three months or less, I could study and make use of my time. J.J. had

heard on reliable authority that if I were to change my plea to guilty,

I could have a suspended sentence. To his mind freedom alone meant

victory, and he urged me to accept it if it were offered.

This, it developed, was the intention of the court when on Monday I was

called back for sentence. Having Ethel off the front page had brought a

sigh of relief of almost national scope. But all the publicity had had

its effect on public opinion, and doubtless influenced the judges also

to a certain extent. Since they could not agree to change the

interpretation of the law, they had been obliged to find me guilty, but

they did not really want to inflict punishment.

They were, however, extremely suspicious of our assertion that we were

going to carry the case higher. Jessie Ashley, Ida Rauh, and Bolton Hall

had all been let off with fines on the understanding they proposed to

appeal, and then they had not done so. Courts were beginning to assume

this was just a trick of birth control advocates, not meant in good

faith.

I sat listening to what seemed an interminable discussion between J.J.

and Judge Freschi over whether the appeal were going to be prosecuted in

a quick and orderly fashion, until I was nearly lulled to sleep.

Suddenly my attention was caught by hearing J.J. declare that I would

“promise not to violate the law.”

My mind clicked. It was not in my program to bargain for freedom. J.J.,

knowing full well I would make no such promise, had planted himself in

front of me so the court could not see my belligerent face. He was

trying to act as a buffer and, at the same time, for fear of what I

might say, to avoid having me summoned to the stand. I tried to peer

around him, but he shifted from side to side, obscuring my view. I

tugged on his coat like a badly brought up child, but he took no notice.

Finally one of the judges interposed, “Your client wishes to speak to

you, counselor.” I could be ignored no longer, and was called. “Margaret

Sanger, stand up.”

History is written in retrospect, but contemporary documents must be

consulted; therefore I have gone to the official records for the facts.

After all, one courtroom is much like another, and the attitude of one

justice not so dissimilar from that of another. I was combating a mass

ideology, and the judges who were its spokesmen merged into a single

voice, all saying, “Be good and we’ll let you off.” This is what I

heard:

You have been in court during the time that your counsel made the

statement that pending the prosecution of appeal neither you nor

those affiliated with you in this so called movement will violate

the law; that is the promise your counsel makes for you. Now, the

Court is considering extreme clemency in your case. Possibly you

know what extreme clemency means. Now, do you personally make that

promise?

THE DEFENDANT: Pending the appeal.

THE COURT: If Mrs. Sanger will state publicly and openly that she

will be a law-abiding citizen without any qualifications whatsoever,

this Court is prepared to exercise the highest degree of leniency.

THE DEFENDANT: I’d like to have it understood by the gentlemen of

the Court that the offer of leniency is very kind and I appreciate

it very much. It is with me not a question of personal imprisonment

or personal disadvantage. I am today and always have been more

concerned with changing the law regardless of what I have to undergo

to have it done.

THE COURT: Then I take it that you are indifferent about this matter

entirely.

THE DEFENDANT: No, I am not indifferent. I am indifferent as to the

personal consequences to myself, but I am not indifferent to the

cause and the influence which can be attained for the cause.

THE COURT: Since you are of that mind, am I to infer that you intend

to go on in this matter, violating the law, irrespective of the

consequences?

THE DEFENDANT: I haven’t said that. I said I am perfectly willing

not to violate Section 1142—pending the appeal.

JUSTICE HERRMANN: The appeal has nothing to do with it. Either you

do or you don’t.

THE COURT: (to Mr. Goldstein) What is the use of beating around the

bush? You have communicated to me in my chambers the physical

condition of your client, and you told me that this woman would

respect the law. This law was not made by us. We are simply here to

judge the case. We harbor no feeling against Mrs. Sanger. We have

nothing to do with her beliefs, except in so far as she carries

those beliefs into practice and violates the law. But in view of

your statement that you intend to prosecute this appeal and make a

test case out of this and in view of the fact that we are to regard

her as a first offender, surely we want to temper justice with mercy

and that’s all we are trying to do. And we ask her, openly and above

board, “Will you publicly declare that you will respect the law and

not violate it?” and then we get an answer with a qualification.

Now, what can the prisoner at the bar for sentence expect? I don’t

know that a prisoner under such circumstances is entitled to very

much consideration after all.

THE COURT: (to the Defendant) We don’t want you to do impossible

things, Mrs. Sanger, only the reasonable thing and that is to comply

with this law as long as it remains the law. It is the law for you,

it is the law for me, it is the law for all of us until it is

changed; and you know what means and avenues are open to you to have

it changed, and they are lawful ways. You may prosecute these

methods, and no one can find fault with you. If you succeed in

changing the law, well and good. If you fail, then you have to bow

in submission to the majority rule.

THE DEFENDANT: It is just the chance, the opportunity to test it.

THE COURT: Very good. You have had your day in court; you advocated

a cause, you were brought to the bar, you wanted to be tried here,

you were judged, you didn’t go on the stand and commit perjury in

any sense, you took the facts and accepted them as true, and you are

ready for judgment, even the worst. Now, we are prepared, however,

under all the circumstances of this case, to be extremely lenient

with you if you will tell us that you will respect this law and not

violate it again.

THE DEFENDANT: I have given you my answer.

THE COURT: We don’t want any qualifications. We are not concerned

with the appeal.

MR. GOLDSTEIN: Just one other statement, your Honor, one final

statement on my part. Your Honor did well say that you didn’t want

anything unreasonable. With all due deference to your Honor, to ask

a person what her frame of mind will be with so many exigencies in

future, that is, if the commission did nothing or the Legislature

did nothing—

THE COURT: All we are concerned about is this statute, and as long

as it remains the law will this woman promise here and now

unqualifiedly to respect it and obey it? Now, it is yes or no. What

is your answer, Mrs. Sanger? Is it yes or no?

THE DEFENDANT: I can’t respect the law as it stands today.

THE COURT: Margaret Sanger, there is evidence that you established

and maintained a birth control clinic where you kept for sale and

exhibition to various women articles which purported to be for the

prevention of conception, and that there you made a determined

effort to disseminate birth control information and advice. You have

challenged the constitutionality of the law under consideration and

the jurisdiction of this Court. When this is done in an orderly way

no one can find fault. It is your right as a citizen.... Refusal to

obey the law becomes an open defiance of the rule of the majority.

While the law is in its present form, defiance provokes anything but

reasonable consideration. The judgment of the Court is that you be

confined to the Workhouse for the period of thirty days.

A single cry, “Shame!” was followed by a sharp rap of the gavel, and

silence fell.

_Chapter Nineteen_

THIS PRISON WHERE I LIVE

I sat in the front row while the court routine continued. The room

buzzed with conversation. J.J. was busy with formalities; reporters were

leaning over to ask me questions. Through the near-by doorway I saw

several young men awaiting their sentences like actors in the wings

listening for their cues. One was propped against the wall smoking a

cigarette. At the sound of his name he raised his head, signifying he

had heard, and yet kept on smoking. When it was called a second time an

attendant shoved him forward roughly. I could almost feel the hardening

of his soul under this brutal attitude and the physical handling. He

gave still another puff; then deliberately dropped the stub, stepped on

it, and sauntered leisurely forward to receive his sentence.

I was led into an anteroom where other prisoners were being put through

the regular fingerprinting procedure. I refused; there was a definite

connection in my mind between admission of guilt and fingerprinting;

both in their different ways placed me in the category of criminals. My

refractoriness was reported to the court. But the judges, poor dears,

had worn themselves out trying to avoid sending me to jail and were

exasperated and cross; one more rebellion was too much for them. “Don’t

bother us with that. It’s not our job. Take her away.”

We were then herded through the rear of the building into an open yard

where the van was standing. The careless youth who had answered the

court’s call with such unconcern was waving farewell to friends who

loitered outside.

“How long, Alf?” asked one.

“Five years,” and he laughed as he said it.

Two more boys, their arms fraternally flung across one another’s

shoulders, shouted, “Three!” and, “Four!” consecutively. Were they

normal? Could liberty be of so little account? The muscles in my throat

contracted as I pictured the maternal love once spent on their infancy,

and now the reckless disregard for freedom culminating in this ride.

Thirty days seemed to me the end of the world, but they made light of

marking time in life for years, calling this their “sleeping time.” They

paid no attention to me; I was entirely out of their realm.

The women huddled beside me were more serious. An hysterical and tearful

“one-monther” had been obliged to leave her small four-year-old son

sitting on the veranda watching for her return. She had not even been

allowed to go back to see him and arrange for his care during her

absence.

Some experiences, though unexpected, are nevertheless partially

anticipated in the subconscious. I had believed fully and firmly that

some miracle would occur to keep me from going to jail. There had been

no miracle. The doors banged shut, two blue uniforms stared stolidly at

each other, the automobile jerked forward.

The trip to Raymond Street was short. We were ushered into a waiting

room. A thin-lipped attendant of huge size callously pushed one weeping

girl through the door.

“Get ready there, you!” she tossed over her shoulder at me.

“For what?”

“For the doctor.” I sat still. She repeated, “Do you hear me? Go in and

get your examination!”

I resented this attitude with every fiber of my being and replied, “I’m

not being examined.”

“Ho, you’re not? You’re one of the fighting kind, are you? Well, we’ll

soon fix you, young lady!”

She swung her heavy, massive frame out the door, leaving me wondering,

but quivering with excited determination. I was not sure what would

happen to me. Within five minutes, however, she came back with an

entirely different manner and tone. “Oh, you’re Mrs. Sanger. It’s all

right. Come this way, please.”

Margaret Sanger: an autobiography. · 第 19 / 43 段