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 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.