THE BIRTH-CONTROL CASE

Otago Daily Times, Issue 18850, 1 May 1923, Page 4

THE BIRTH-CONTROL CASE

JUDGMENT AGAINST DR MARIE STORES. . NOTICE OF APPEAL. (From Our Own Correspondent.) LONDON, March 5. Dr Marie Slopes has lost her libel action against Dr H. G. Sutherland, who, m his book called “Birth Control.” attacked Ur Stopes’ teaching of contraception. ine words complained of were: — “Exposing the poor to experiment. “Secondly, the ordinal'- decent instincts of the poor are against these practices; and, indeed, they have used them less than any other class. But owing to their poverty, lack of learning, and helplessness, the poor are the natural victims of those who seek to make experiments on their fellows. In the midst of a London B him. a woman, who is a doctor of German Philosophy (Munich), has opened a birth control clinic where working women are instructed in the method of contraception, described by Professor MTlroy as the most harmful method of which I have had experience.’ (Proceedings of the MediooLeeal Society, July 7, 1921.) “It is truly amazing that this monstrous campaign of birth control should be tolerated by the Home Secretary. Charles Bradlaugh was condemned to jail for a less serious crime.” JUDGE’S SUMMING UP. The Lord Chief Justice said nobody disputed the contention that young people should bo taught sex matters in an innocent, clean, and helpful way. The question how that information should be imparted, however, gave rise -to some controversy. Ihe next sten became a jump, for some people said that, because the young should be instructed they should be told the truth about contraceptives, and then- because some women should practise such methods it was said that ail and sundry ,■should be taught such things! Referring to a statement by Mr Hastings, . that if Dr Stopes had committed a crime by publishing her books on birth control she would have been prosecuted long ago.’ Lord Hewart jam the Attorney-general and the Director Of Publio Prosecutions often thought a great deal more harm than good might be done by launching a matter before the public and decided to choose the better of two evils and held their hands. The jury might or might not agree that it was. necessary _to publish a book on methods of contraception and birth control, but the real question was: What legitimate purpose could be served bv the insertion in the book, to be read by .old, and; youpg of both sexes, of minute descriptions of sex practices. Did the book come within the category of being a publication containing obscene passages? . , , , After an absence from court of nearly four hours, the jury replied as follows to the questions put to them by the Lord Ghiet Justice: —■ '■ r j t 1. Were the words complained of defamatory to plaiptiff ? —Yes . 2. were they true in substance and in fact?—Ye.;, 3. Were they fair comment?—No. 4. Damages, if;any?—£100. - ■ Sir Hugh Fraser asked for judgment for the plaintiff. His Lordship said that must be argued. Mr Murphy and Mr Mathew then asked formally for judgment for the defendants. THE JUDGMENT. The Lord Chief Justice, giving judgment, said that no one denied the ability, sjncerity, and honesty of purpose of the plaintiff. on the other hand there was no real evidence of ill-will on the -part of defendants. He had always understood that it was a good defence to a libel action that the words complained of were true in substance and in fact. He had pointed out to the jury again and again that the meaning of the words complained of was entirely a question for them. After that direction they had found that the words were true in substance and in fact, and it did not appear to be possible to depart from the ■ ordinary rule relating to that finding. PLAINTIFF’S UNSELFISHNESS. ’ Witlv regard to fair comment, his Lordshir. had observed in the press a summary of his summing up which referred to the amount of money obtained from the sale of plaintiff’s books. It was not easy, especially in a court where hearing was difficult, to summarise a summing up which lasted many hours, but the summary he had seen contained a suggestion which was certainly not in his mind. There was evidently a large sum of money from the sale of the books to devote to plaintiff’s propaganda, but it was used unselfishly. He diad commented oh the fact as an illustration of the dimensions of the campaign which Dr Sutherland suggested was a montsrous campaign. From the beginning to the end there was no attack on the integrity and honesty of purpose of the plaintiff. There was no course open to him, except to give judgment, with costs, for the defendants. Stay of execution was granted pending a possible appeal. APPEAL. “The jury gave mo £IOO damages, which the Lord Chief Justice disallowed on a technical point,” says Dr Stopes. “I am appealing at once to a higher court. I, believe that the jury meant mo to have my £109.” Dr Stopes was asked what she proposed to do immediately. “I shall- go on with my work at the clinic,” she replied. “That will not bo affected by the case.” RACE SUICIDE. The leading article in' the Daily Express contains, the following comment:— “The result of this case’ 'is a, timely warning that the creation of human life is not to he made a themo for any ardent or misguided pamphleteer. It would be madness to assume that there are no oases where a physician wouldbo warranted in communicating contracentivo knowledge to a patient, but to broadcast such information so that the young become smeared with this dangerous -and ruinous doctrine is to outweigh with the evil any good that might be done. If Dr Marie Stopes and her associates desire full employment for their';, activities we suggest that they start a campaign for more children among those who can afford it. There are thousands of homes in England where life’s pulse beat has ceased because there are no children to keep alive ihe human interest of the parents. There is a distinction between the birth of a human being and the breeding of an animal. To rob parenthood of its essential sacrednoss and to reduce it to the level of a semi-scientific formula is an unworthy doctrine whether, propounded by Dr Marie Stopes or Lord Dawson of Penn. We do not want race suicide in England.” FAIR COMMENT. The Star: “The prejudice which deprived the late Mr Charles Bradlaugh for years of the seat to which ho liad been duly elected was largely fed by the slanders circulated against, him in reference to his action in publishing the pamphlet written by the American, Dr Knowltdn. To-day the King’s physician sends a paper to the Church Congress, in which the, doctrine of birth-control is definitely defended on moral, social, and medical grounds. The change of tone is significant, and the jury’s verdict in the ease of Dr Marie Stopes has, we hope, inaugurated a new era. There is no reason why the subject of birth-control should not be the subject, of public discussion, like other questions of health, wealth, and morals. It is impossible to stop that discussion by law, and it should be made impossible to stop it by slander and defamation. If Dr Marie Stopes, Lord Dawson of Penn, Sir Arbuthnot Lane, Sir Janies Barr, Mr H. G. Wells, Mr Harold Cox, and those who agree with them are wrong, let them be confuted, but there must be no defamatory attacks on them. The birth-control question has got beyond the pioneer stage. It is a prominent social question which is entitled to a fair hearing, and this we believe it will in future secure. It may well bo that it will not. succeed-’ in justifying itself as a permanent contribution to social ethics, but its advocates are entitled to pursue their propaganda without defamation of their characters or careers.’’ A VINDICATION. “The confused legal result of Dr Stop'es’s case may bo left to (he higher courts (says the Pall Mall Gazette), but the verdict of the jury is a very striking evidence of the growth of public opinion. The kernel of the verdict is that the frank and honest discussion of birth-control is not to be suppressed by the abusive outpourings of conventional or theological prejudice. Democracy insists upon thinking out these matters for itself. It will not accept the rule of any ‘roaching-mo-dowu’ doctrine claiming a’ monopoly of morals. Such matters must be discussed with responsibility and decorum. The highest medical authorities testified that Dr Stopes had not transgressed those standards, and their judgment will be i widely corroborated. It is quite true that discretion must accompany any social move, ment of the kind, but its loaders are entitled to protection from the libellous attacks of those who dread knowledge and candour. That is the meaning of the verdict returned in this case.’,’

GREAT TIME AMONG THE AYRSHIRES. THE “ NEW ” SHOW A HUGE •SUCCESS. REVIVAL IN TRADE. Fnoii Our Special Correspondent. GLASGOW, February 28. We have .had a great time among the Ayrshires of late. In the South-west of Scotland ftjj, least this interest has been paramount’'for several weeks past. There can be little doubt that the groat Scottish milk cow is coming into her own again. One may go far, but in the matter of milk production there is nothing to beat the Ayrshire. She lives frugally. On very moderate fare and at high, cold- altitudes she produces a large quantity of mill* rich in butter-fab As a matter of fact, the Ayrshire lives and prospers where other breeds under like conditions would pine and die. THE “ NEW ” SHOW. A new departure was made by the Ayrshire Cattle Herd Book Society of Scotland two years ago in holding a show confined to the breed, and having the judging don© on points. It was intended to continue the show in 1922, but the presence of foot-and-mouth disease in the country made this impossible. This year, however, the society again launched out on an enterprise of the kind. In 1921 Professor Barton, of the Macdonald College, Quebec, Canada, was the judge, but on this occasion two home breeders—Mr John Young, Monswald Grange, Ruthwell, and Mr Andrew Wilson, Finlayston, Ochiltree—were asked to undertake the work.

There was a splendid entry of stock —the finest perhaps of the breed that has taken place in any part of the world. The attendance of the public, owing to the inclement character of the weather, was not large, but those most interested in the Ayrshire were well represented, and a number of visitors from abroad were present, including Mr Bruce Ness, Howick, Quebec, and Mr Stanley Hamilton, Quebec, Canada; Mr David Gibson, from the United States of America, and his brother, Mr William Gibson, who is connected with the Alta Crest Farms, . U.S.A., and three gentlemen from Findland, wiho have been making, some important purchases Two years ago the prizes were allocated according to points on a threefold, basis. Then the maximum- attainable was 100, made up of 30 for symmetry and constitution, 35 for mammary development (including teats, shape of udder, etc.), and 35 for authenticated milk yield in the case of a cow 6r quey, or authenticated milking pedigree in the case of a bull or young queys. This year the system of judging by points has been adhered to, but the basis of allocation has been simplified Thl 65 points available for symjnetry and development have been slumped, ,and thereafter the points in respect of milk records or milking pedigree are added. The first judging was dene .on conventional! lines, and then the milk records or milking pedigrees were, examined, and the final positions of the animals determined by the points allowed. When an equality of points occurred the animals with the highest points for appearance were given the preference. In deciding the points to be allowed for milk records and milking pedigrees it was necessary to fix a minimum and a maximum. For quey tne minimum was 500 gallons and for a cow 650 gallons, while the maxinuims were the equivalent of 850 gallons in the case o fa quey and 1000 gallons in the case of a cow—all at 3.8 per cent, of butter-fat. One point was given for every 10 gallons of yield over the minimum. Then with respect to the milking pedigree of an animal the process was to average the yields of the dam and the sire’s dam. The condition is that all yields must have been obtained in one lactation period,' and the animal whoso yield is given must have calved within 70 weeks of the date of the first calving founded upon. The judges acted singly in the alternate classes. Mr Young began with the class for aged cows in milk. The leader secured 99 points out of the 100, dropping one on milk yield. This was Messrs A. and A. Kirkpatrick's Boreland Peggie, from Baer Sanquhar, calved in 1913. She was :by the great breeding bull Aitkenbrae' SnWflake. Mr Thomas M’Creath, Challoch, Nqwton- ! Stewart, was second with Challoch Lucetia, by Challoch Challenger. She dropped two points on inspection and one in respect of milk yield. The third cow, Howie’s Beatrice, by Howie’s Eminent, and owned by Mr James Howie, Hillhouse, Kilmarnock, dropped three points, on appearance; but, like alb tho remaining prize-winners, she had the full points tor milk yield. Tile aged cows in calf were a splendid lot. In this case the winner got the maximum in points—viz., Mr James Seton’s Shewalton Mains Violet 111, by Lessnessock Gurkha, a bull which left a lot of excellent stock in Mr Seton’s fine herd at Shewalton Mains, Irvine. In this case all tho animals placed had the full points for milk yield. Tho second cow—Alexander Cochrane’s Palmerston Lady Ann, from Nether Craig, Kil-marnock-dropped one point on inspection; and the third one—Glenshamrock Ellen, by GlenshamrOck Sir David, and owned by Mr James Kennedy, Glenshamrock, Auchinleck, had five points taken off the maximum for general appearance. In fhe class for four-year-olds the first four all had the full points for milk yield. The Hon. Godfrey Corbett, of Rowallan, Kilmarnock, topped tile list with Rowallan Mint, .by Whitehill Dairy King, his cow having the full 100 points. Her record for 40 weeks as a quey was 983 gallons at 3.42 per cent, butterfat. Mr John Logan’s Bargenoch Minerva, last four points on inspection. She is by the celebrated bull Bargenoch Magnificent, groat as a breeder of both males and females and her record was 989 gallons at 3.94 per cent, butter-fat within 12 months. Mr James Oaldwel, Moorfield, Kilmarnock, was 'third with Moorfield Evelyn, which dropped nine points, on inspection. For cows of the same ago in calf Mr Adam W. Montgomerie, J.P., of Lessnessock, Ohiltree, was the winner with Lessnessock Semolina, by his stock bull Bargenoch Casablanca. One point was dropped on milk yield. Her record was {146 gallons at 4.03 per cent, butter-fat in 40 weeks as a quey. The Hon. Godfrey Corbett was second with Mainhill Primrose, a daughter of Lessnessock Cockayne, which had a record as a quey of 871, gallons at 4.26 per cent, butter-fat in 40 weeks. This cow scored five less than the possible on inspection, but had the full points for milk. The third was Mr James Soton’s . Bankend Fancy 11. She dropped 10 points on inspection and one on milk yield. The three-year-old Derby brought out a great class of queys. In it the seven had full noints for milk yield. Mr James Hbwie, Hillhouse, Kilmarnock, came out the winner with Hillhouse Sophia 11, by Thornhill Sir George. She got the full 100 points. Next to her stood Mr Andrew Logan’s Overtoun Maud, by the noted South Craig Sensation, out of Overtoun Mona IV. She had full points for milking pedigree, but dropped :five points on inspection. Tho third award went to Mr A. Cunningham’s Thornhill Rosemary, by Howie’s Grandee out of Oldhall Dandy XVII. She received 57 points for inspection, The fourth quey was Bruchag Violet from the herd of Mrs Mackay, Bruchag, Rothesay. She was by Auchenbrain Oaptivater out of Bruchag Violet 11. In this case 12 points were deducted on inspection. In (lie next two classes for queys in milk and in calf the animals were pretty much the same, except that .in the ease of the queys intjnilk the positions of the second and thirT-wero reversed. ; v As fine a lot of dairy animals as has ever boon seen in any part of the world camo before the judge in the 1000 gallon class. Tho conditions were for a cow in calf or in milk, any age, or a quey in milk or in calf, and both, if in calf, duo to calve not later than Ist Juno, 1925. They must he certified to have produced as a cow or quey an equivalent of not less than 1000 gallons of milk averaging not less than 3.5 per cent, of butter-fat in any one lactation. In this ease it was possible for animals to have more than 100 points. The principle was to leave 65 points for appearance and to make no limit to the score possible in respect of milk records. The points for milk were awarded in the ratio of one for every 20 gallons over the minimum. In this case the cow which was second in the uncalved class—Mr Alexander Cochrane’s (Palmerston) Lady Ann—went up top in respect of her milk yield with 108 points as against Mr James Seton’s first prize winner Shewalton Mains Violet 111, which scored 94." A similar number of points were awarded the first prize aged cow in milk—Messrs A. and A. Kirkpatrick’s Boreland Peggie.’ The Messrs Kirkpatrick wore also fourth'-with. Dalpeddar Flora, which was fifth in the class for aged cows in milk. In the next class the minimum for cows or queys was tho equivalent of not less than 850 gallons of milk averaging not less than 3.5 per cent, butter-fat in any one lactation. Messrs A, and A. Kirkpatrick’s Barr_ Christine had tho splendid total of 116 points, getting as many as 55 for milk yield. Next to her came Mr John Logan’s Bargenoch Minerva with a total of 108 points, 43 of which were for milk yield. The Hon. Godfrey Corbett was third with Mainhill Primrose 11, her score being 104 points, 41 of which were for milk. BULLS. It is now the custom in' Scotland to attach as much importance to the milking pedigree of the bull as to the performances of the females. The male classes were excellent In that for aged bulls Mrs E. L.

Houison-Craufurd, of Dunlop Place, Dunlop, was the winner with the famous Hot Stuff, bred by Mr Thomas .Logan, Low Milton, Maybole, and which has • already gained all the honours open to the breed. Ho received full points both in resneefe of general appearance and milking pedigree. The Hon. Godfrey Corbett was second with: Hebsland Mendel, for which be gave 1780 gs. —Bogs more than Mrs Craufurd paid for Hot Stuff. Ills score was 95 points. Mr James Howie was third with Kirkland All Alone, calved in 1918. He had 29 points for milking pedigree and 57 for general appearance-—96 in all. In the two-year-old class Mr Andrew Woodburn, Hillhouse, Galston, led with Sandhill Sunlight, a sore of the champion Bargenoch What Care I out of Sandhill Sunshine. His score was the full one of ICO points. Messrs Clark Bros., Fingart, Dunlop, were second with Bargenoch Silverdale, a get of the noted bar Magnet, by Hobsland Governor out df Ihe beautiful cow Bargenoch Edna Lyle. His points were 98, two being dropped on inspection. The third award went to Mr A. Y. Allan, Aitkcnbar, Dumbarton, Aitkenbar Magnet, by Hobsland Governor out f Aitkenbar Mabel H. He received 95 points. The class for senior bull stirks was not a large one, but it was of excellent quality. Mrs Houison-Craufurd had the satisfaction of finding her old bull coming out top as a breeder. The winner was a son of Hob Stuff out of the handsome "cow Dunlop Starlight. This young swell received the full To<s points. The Hon. Godfrey Corbett was second with Rowallan Mintmaster, a get of Hobsland Mendel out of Rowallam Mint. His score was 95. Thornhill Humourist, shown by Mr A. Cunningham, of Cragston, Stowarton, was third. This stirk is by Howie’s Grandee out of Auchenbengie Daisy Bell, and her score was 95 points. The junior yearling bull stirks formed a. large and very fine class. Here Mr Thomas Logan came to the front with Low Milton Artist, by the', Lessnessock stock bull Bargenoch Royal Champion oub of Low Milton Buttermaid. Mr Logan in this case received the full 100 points. Mr Hugh Woodburn, Killoch, Galston, wna second with Killcch Latest News, by Thornhill Sir George out of Killoch Alice. His score was 99, the single point being dropped on inspection. The third award went to> Lieutenant-colonel W. T. R. Houldsworth, Kirkbride,. Maypole, the president of the society, for Threare Watchman, which received 34 points. Mrs Kouison-Crau-furd’s Hot Stuff was made the champion male, . with the Hon. Godfrey Corbett's Mendel reserve. YOUNG FEMALES. The young female stock and the female championships were decided on the second day of the show. Two-year-old quey* formed a splendid class. Hero Mrs HouisonCraufurd was first, fifth, and eighth with gets of the all-conquering Hot Stuff. The* leader was Dunlop Mist out of Dunlop Maydew, and for her she received the full 100 points. Mr John Logan vyas second with Barenoch Dawn, a daughter of Auchenbrain Brown Bobby out of Barge* noch Cherry Blossom 11. She received 97 _ Mr A. Cunningham was third with Thornhill Hilda, another of the progeny of Mrs Hoaison-Oraufurd’s Hot Stuff out of Nether Craig Jessie. Her sopre was 90. There were two remarkably fine _ classes of cpiey stirks. In the senior section Mr James Howie led with a real .beauty by Howie’s Eminent named Howie's Starry i Gem 111, for which he got the. full 100 points. The same exhibitor led the junior class with Howie’s White Swell 11, also by Eminent, and for which he likewise received full points.

This_ year three new classes were. intx> duced based on cumulative milk. These were for cows, bulls, and young heifers, and the cumulative principle consisted of awarding the milk record points /on too average of three lactation periods of the dams of the exhibits in the case of the bull and quey classes. _ On the average being established one point is awarded tor every 20 gallop* oyer tho minimum. In the cow class Mr James Seton was the winner with Shewalton Mains Violet 111, her score being 97 — 65 for inspection and 14 for milk yield, Mrs Houison-Craufurd’s Hot Stuff scored a notable victory in the bull class with 77 points, and Mr John Logan’s Bargenoch Down led in. the quey class with 72 points. Mrs Houison-Crautord won the group classe* for five animals bred and owned by the exhibitor; and for a group of three queys Mr Jamgs Howie gained the group prize for three queys got by the same sire. , The champion cup for the best cthy or quey went to Mr James Seton’s Shevfalton Violet 111, which was first in the uncalved class, Mr James Howie’s Derby winner Holehpuso Sophia II being reserve. Mr James Howie’s senior yearling gained the champion cup for queys, the reserve being Mrs Houisop-Craufurd's two-year-old. Tho cup for three two-year-old queys bred and owned by the exhibitor and got by the same §ire was won by Mrs Houison-Craa-furd. SOME SALES. It is abundantly evident that the Ayrshire is on the up grade again. There is every indication of this in the sales which have recently taken place. A year ago the presence of foot-and-mouth disease in the country prevented Ihe usual sales from taking place at the public marls, and the animals were disposed of at home in small bunches. This year it is different. Wo have got back to about normal conditions.. Two or three of ihe leading breeders—notably Mr Adam W. Montgomerie, J.F., of Lessnessock, Ochiltree, and Mr James Howie, Hillhouse, Kilmarnock—have not held homo sales, as has been their custom, as they found sufficient customers to claim their stock at remunerative prices. Others* however, preferred to carry on as of old, and give everyone the chance of acquiring first-class stock at auction prices. Messrs D. and W. Wallace, of Auchenbrain, Mauchline, disposed of 20 bull stirks by auction at home. The Auchenbrain, cattle are famous all the world over, and are noted for their grand families of females. The average for the lot was £47 6s, and the level character of the stock may be guessed when it is stated that tho highest price was 88gs. Last year 22 bull stirks from tho same herd averaged £25 16s sd, but in 1921 the average for 24 was the handsome one of £75 6s 6d. All but two of the stirks were by South Craig Foolprint (199 SS), one of the best-bred milk record sires in the country, and his stock are full of tho finest Ayrshire character. The top price of 88gs was given for one of his sons, Auchenbrain Master Print (£2780), and he was bought for the Hairmyres Farm Colony, Lanarkshire. The King, who has established a select herd at Balmoral, got a dandy young bull in Auchenbrain Athlete (22760) at 65gs; Messrs H. W 7. B. Crawford and Sons, Chapmanton, Castle Douglas, held a sale of bull stirks 1 and calving queys, when again the demand was decidedly encouraging. Twenty-five, bull stirks averaged £35 15s Bd, the average in 1922 for 26 being '£3l 8s 6'i. There were 29 in-calf queys, which averaged £44.9s 3d as agaiust £37 13s 2d for 30 the year before. Mr Thomas Barr, Hobsland”, Monkton, bought the top-priced stirk for 78gs. He was a get of Hobsland Lucky Star (19597). The qixeys also sold up to 78gs. ,

The great event of tho year so far as the’ homo sales of young stock were concerned was that, at Hobsland, when Mr Thomas Ban- had an average of £7O Os lOd for 17 bull stirks. Two of them made 200 gs each, both being got by the famous champion. Hobsland Lucky Boy (16482). One of them, Hobsland White Cockade (22591), is out of the great cow Hobsland Jean V (37813), which” has bred a succession of champions, including Hobsland Mendel (18422), for which the Hon. Godfrey Corbett, of Row allan Castle, Kilmarnock, gave 1780 gs three years ago. The purchaser was Mr Alexander Cochrane, Nether Craig, Kilmarnock, who acquired his full brother, Hobsland Air Pilot, 12 months ago «t a similar figure. The latter bull he sold to a United States breeder at a very long profit. Tho other son of Lucky Boy making 200 gs was Hobsland Duplicate (22581). He is out of Hobsland Lovely V (51072), a cow with-a record in 1922 of 1034 gallons of milk at 3.78 per cent, butter-fat in 4 weeks from throe teats. Five quey stirks averaged £45 9s fid. Tho best price was 82gs given by Mr Alexander Cochrane for Hobsland Bet XVII (84957), by Lucky Boy. Auction sales of drafts have taken place at Kilmarnock, Lanark, and Ayr, and in. every case prices have been hardening, Wq are back near to normal conditions. While no .sensational prices have been tendered there has been a steady, consistent demand for good cattle, with an allround upward tendency in the averages. This is a healthy sign of the times.