I claimed that Section 1142 which forbade contraceptive information to, for, and by anyone was unconstitutional, because no state was permitted to interfere with a citizen’s right to life or liberty, and such denial was certainly interference. Experience had shown it did the case no good merely to defend such a stand in a lower court; it must be carried to a higher tribunal, and only a lawyer versed in whereases and whatsoevers and inasmuch-ases could accomplish this. But I was still hopeful of finding one who was able to see that the importance of birth control could not be properly emphasized if we bowed too deeply before the slow and ponderous majesty of the law.
The attorney who offered himself, J. J. Goldstein, had a background which made him more sympathetic than other lawyers, even the most liberal. He was one of those young Jewish men of promise who had been guided through adolescence by Mary Simkhovitch, founder of Greenwich House, and Lillian Wald, founder of the Henry Street Settlement. The seeds of social service had been planted in him; his legal training only temporarily slowed down their growth.
J.J. had placed himself in a difficult position for a youthful Tammany Democrat, some day to be a magistrate; he might have been forgiven more easily had he received a larger fee. Though he had to be convinced that we declined to have anything to do with political wire-pulling, he fought for us valiantly.
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.