The Little Review, September 1915 (Vol. 2, No. 6)Various
General
The Little Review, September 1915 (Vol. 2, No. 6)
Various
Literature, Modern -- 20th century -- Periodicals
The apparent reason for this agitation was that one little, old woman by
the name of Mrs. Josephine Johnson had heard through a friend, whose
name she refused to divulge (even when so ordered by the court) that on
the evening of the lecture on Friedrich Nietzsche somebody had
distributed a pamphlet on birth control.
The real reason for the arrest was that the police wished to break up
the meeting. They had previously sent Miss Goldman a notice that she
could not speak any more in Portland on any subject whatever. This order
could never have been carried out as we have free speech in Portland, so
they used another method.
Miss Goldman and Dr. Reitman were arrested on the evening of August 6
just after the meeting began, and at 10:30 at night all bail except cash
was refused, which is contrary to all idea of justice. But for the
efforts of Mr. C. E. S. Wood, who has always been a staunch friend of
all free-thinkers, Miss Goldman would have been thrown into jail in a
city where she has been allowed to lecture every year for nearly twenty
years and where her friends have come to look forward to her annual
visits as we do to all the other good things that come to us, like the
spring and the rain and the sunshine; for of just such healing and
life-giving qualities are her inspirational messages.
There were two trials. The first was the usual sort and really is of
small interest. At this trial held in the Municipal court, Miss Goldman
and Dr. Reitman were found guilty of distributing obscene literature and
fined $100 each. As a matter of fact, Miss Goldman knew nothing about
the distribution of the leaflet, but she certainly would have approved
of it if she had.
This sentence of the lower court was promptly appealed, and in the
second trial, which took place in Dept. 5 of the Circuit court under
Judge William N. Gatens, the case was dismissed for lack of evidence.
When we remember that one of our bravest rebels, Margaret Sanger, will
soon have to face a trial on a similar charge we can only hope, vainly
and wildly perhaps, that she will be fortunate enough to have a
presiding judge as fair-minded as Judge Gatens.
Some of his remarks were so refreshing, coming as they did in such fine
defiance of the usual attitude of those on the bench towards those who
are accused, that they are worthy of quoting:
During the trial Judge Gatens said:
“The Court says the defendants are not here charged, as has been stated
by the council, with creating anarchistic tendencies, or with being
anarchists; they are here to be charged for the offense set forth in the
information and for no other offense.
“Every person, when charged with a crime, should have the right to know
the nature of the crime with which he is charged, meet the witnesses
face to face, and be tried without prejudice; not to be tried on the
ground that you don’t like this person or that person because they have
some view different from yours.
Public-domain text, read in full here on John Shaqi.
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