Margaret Sanger: an autobiography.Sanger, Margaret
History
Margaret Sanger: an autobiography.
Sanger, Margaret
Birth control -- United States -- Biography; Sanger, Margaret, 1879-1966
November 20th we pleaded not guilty and trial was set for November 27th.
J.J. endeavored to have the three of us tried simultaneously, but the
Court of Special Sessions would have none of it. Then he asked for a
jury trial, which could be granted at the discretion of the Supreme
Court; application was denied. An appeal to the Appellate Division was
dismissed; writs of habeas corpus were dismissed; another appeal to the
Appellate Division was dismissed; adjournments pending appeal were urged
but not granted. Indeed I was being swiftly educated in the
technicalities of criminal law.
I felt like a victim who passed into the courtroom, was made to bow
before the judge, and did not know what it was all about. Every gesture
had its special significance, which must not be left out if appeals were
to be possible. We had to make many more appearances than would
otherwise have been necessary; everything had to be correctly on the
record.
Evening after evening J.J. rehearsed the arguments he was going to
present and directed me to respond to questioning. I did not understand
the technicalities and begged to be allowed to tell the story in my own
way, fearful lest the heartaches of the mothers be lost in the
labyrinthine maze of judicial verbiage. But he maintained if the case
were to be appealed to a higher court, it had to be conducted according
to certain formalities.
“Why should it have to be in legal language?” I demanded. “I’m a simple
citizen, born in a democratic country. A court should also listen to my
plea expressed in plain language for the common people. I’m sure I can
make them understand and arouse their compassion.”
He reiterated that I could not address a court as though I were trying
to instil my views in an individual. “You can’t talk to them that way.
You’ll have to let me talk.”
“But that’s the way I talk and I’m the accused.”
I fully expected that if I were permitted to set forth my human version
of the Brownsville tragedies, no appeal would be required. But J.J. knew
the courts and had no such hopes. He was still doubtful of any success
before the lower tribunal, and was still unable to see my point,
counting chiefly on technicalities to win the case.
J.J. had formally objected to having our trial set during the November
session because Justice McInerney was due to preside that month, and at
previous trials he had expressed biased opinions. This objection was
overruled.
The strictly legal method having failed, I resorted to my own and wrote
Justice McInerney an open letter:
As an American pledged to the principles and spirit in which this
Republic was founded, as a judge obligated by oath to fair and
impartial judgment, do you in your deepest conscience consider
yourself qualified to try my case?
In those birth control cases at which you have presided, you have
shown to all thinking men and women an unfailing prejudice and
exposed a mind steeped in the bigotry and intolerance of the
Inquisition.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account