BIRTH CONTROL TEACHING

Otago Daily Times, Issue 18851, 2 May 1923, Page 10

BIRTH CONTROL TEACHING

DR MARIE STOPES’ CLINIC.

LIBEL ACTION AGAINST MEDICAL MAN.

(From Our Own Correspondent.) LONDON, February 25. Against Dr Halliday G. Sutherland and Messrs Harding and More, Ltd. (publishers), Dr Marie Charlotte Carmichael Stopes has brought an action for libel, plaintiff alleging that Dr Sutherland, in his book, entitled “Birth Control,” attacked her character and reputation by referring in libellous terms to a charitable clinic of birth control which she founded and conducted at 61 Marlborough road, Holloway The words complained of were:—“Exposing the poor to experiment. Secondly, the ordinary 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 slum, 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 experience.’ (Proceedings of tho Medico-Legal Society, July 7, 1921.) It is truly amazing that this monstrous campaign of birth control should be tolerated by tho. Home Secretary. Charles Bradlaugh was condemned to jail for a less serious crime.” The plaintiff said that by these words the defendants meant that she was taking advantage of the ignorance of the poor to subject them to experiments of a most harmful and, dangerous nature: that she was guilty of disgraceful illegal, and criminal practices for which she should be punished by a term of imprisonment, and that she was a person with whom no decent or respectable person should associate. Tho defendants denied that the words complained of were libellous, and pleaded justification, affirming that they, were bona fide fair comment, inade without malice, on a subject of public interest., A “DIVINE CALL.” It was suggested during the opening of the case that the unhappiness of Dr Marie Stopes when she * first' ’married —“utter misery, both mentally and bodily, of a woman tied to such a man”—was the source of her birth control teachings. She believed that she had a “Divine call” ,to carry on this work. Dr -Marie Slopes, is now the wife of Mr Humphrey Vernon Roe, of Leatherhood, Surrey. Thle case is being " hoard before the Lord Chief Justice and a special jury, and there is an imposing array oi counsel, plaintiff beinty represented by Mr P. Hastings. Sir H. Fraser, and Mr Metcalfe; defendants by Mr E. Charles, K.C., Mr H. V. Rabagliate. Mr-H. Murphy (for Dr - Sutherland); and Serjeant Sullivan. K.C., and Mr T.- Mathew (for the publishers). Noting that the chief defendant, was Dr Sutherland. Mr Hastings thought it was not a matter which could altogether be passed by that the libel which they alleged appeared in a work which -was largely concerned with advocating the contra view of the Roman Catholic Church, of which, he understood. Dr Sutherland was an ardent supporter, at least on that subject. The Roman Catholic Church objected, to any system which was contrary to What was their view of religious teaching. Nobody would complain if Dr Sutherland saw fit to criticise the life work of the plaintiff and all those who believed in that work—and they were people whose names were known throughout the civilised world. If that was all .they would have had nothing to complain of. But. he saw fit to go out of his way to say that what this lady had (jone amounted to a criminal offence, and that she, so far from doing what she honestly believed to be of benefit to an, enormous class of people in this . country, was experimenting on poor people who were unable to protect themselves, in order, apparently, to push forward her works. Dr • Sutherland’s book, “Birth Control,” was directed entirely against any system, of birth control, and ended with a religious argument based upon the teaching of the Roman Catholic Church. Counsel contended that the words “a woman who is a doctor ‘ of German philosophy” were intended to suggest that Dr Stopes was a person probably of German origin, who was foisting her opinions -Upon the poor. Dr Slopes had had a most remarkable career for a woman of her years. Her father was a man of great culture, and she started her life in a highly intellectual atmosphere. She went to a university, where, so far as one could see, she took all the scholarships open to her. She was a Doctor of Science at London University, a Fellow of the Geological Society, a Fellow qf the- Society of Literature, and. Fellow of the Linnaean Society of London. If was only because, having taken practically all the scholarships she coiild obtain in this country, that she determined to go to Germany to study,' and she went to Munich and became a doctor of philosophy there. She had been sent to many countries for the purpose of scientific research, and no other living woman had a record so remarkable or an experience so wide. And Dr Sutherland had described her merely as a “doctor of German philosophy” ! Dr Stopes came from an old family of Quakers, and she was a woman of intense, religious feeling who -believed that she had got what some people called a Divine mission to carry on this work, a most courageous work for any woman to undertake. Charles Bradlaugh was prosecuted for writing a book on the subject called “The Fruits of Philosophy,” and, indeed, the subject was one which had been exercising men’s minds for a very long time. Just after she started this work she had the good fortune to meet and marry her present husband, Mr H. V. Roe, who was originally in the Army, and who afterwards became one of the pioneers of aviation, and who was now. , associated with her in her work. Dr Stopes had written many books on the subject, one of which, entitled “Married Love,” had 1 raised an, enormous amount of comment. Tho book was written to further the ■ propaganda for birth control. She believed and taught that -the only possible chance of happiness for married people was to realise that marriage, and all it conveyed, was intended to be a joy to both and not a curse to either. She, throtigh her researches knew of women, whose lives had been made a misery by the fear of being foyced to have children when their health was bad, and others whose lives were cursed by having too many children, the result being that husbands and wives often became estranged. Her belief was that married people should have children at a time when they could be properly cared for and well brought up, and that- women’s lives should be made happy and not miserable, and that husbands and wives should live happy married lives. That was the whole principle of her teaching. .... Counsel read from the first edition of “Married Love,” published in 1917, a letter from Friar Stanislaus St. John, a Roman, Catholic priest, commending the book. Tho hook had since been placed by the Roman Catholic Church in fhe Index Expurgatorius. I QUESTION OF MOTIVE. Dr Stopes, continued counsel, was president of the Society of Constructive Birth Control and Racial Progress, among tho vice-presidents of which were Mr W. Archer, Sir J. Barr, Sir A. Hope Hawkins, Sir W. Arbuthnot Lane, Lady Constance Lytton, and Sir D. Murray. Those were the people who associted with this “criminal” in carrying out this “criminal” class of work, and in publishing “obscene” and “indecent” literature. One of the things complained of by defendant-' was that plaintiff had established a clinic to affotd working women not only the information that Dr Stopes thought it right, they should have, but to give them the means of ensuring tho use of hygienic contraceptive methods. Plaintiff not only bought the house, but paid the trained nurse who was always in attendance, and she also paid the expenses of the society, of which she was president. As to any possible suggestion that she had made large sums of money out of her book, this might be true, but Dr Stopes hod married a wealthy husband, and had no need to deal with money matters for herself. Practically every penny she had received for the book had gone straight to the society and the clinic. In their particulars of defence defendants quoted isolated lines from the book. But the jury would find it difficult to take any book from a circulating library, and not put their fingers upon something which, if taken by itself, would strike one as a dirty passage. Let the defendant object and take a- contrary view, but it onc-half of the world who did not like something was to be entitled to lock up the other half for six months, we should all bo spending our time six months in prison and six months out of it. At Mr Hastings’s invitation the jury read in silence certain passages - in ■ the book. Counsel also referred to “A New Gospel to All People,” which Dr Stopes sent to nil the bishops in England, when they met at Lambeth in 1912 to discuss the question of birth control. If the defence satisfied the jury that this lady had sunk so low

as to write obscene libels there would be an end to the case. But if they believed that she had devoted her life to what she believed to' be a duty she was bound to perform, then they must show what they thought of a person who put forward such a libel as this and came into court to justify it. MEDICAL OPINION.

Sir James Ban, C.B.E;, M.D., of Liverpool, consulting physician to the Liverpool Royal Infirmary, and vice-president of the Constructive Birth Control Society, said he was acquainted with the work of the plaintiff and with the establishment of her chmo, and he thought it was doing an enormous amount of good. • He was of opipidn that information known to wealthy people ar, the present lime should i— given to the poor as well'. So far as he understood, plaintiff’s method was very effective and safe, and there was not the slightest danger from the use of it. Witness said he was aware that Professor M'llroy condemned contraception generally, but not the methods described. - ... Mr E. Charles: Do you-say the British Medical Association . has expressed _no opinion on these methods of contraception? —No. Individuals may have done so. Asked by Serjeant Sullivan if he did not think the effect of the book_ “Married Love” would be demoralising if it fell into the - hands-of ’-bung people, Sir James replied that thev read things more lewd in novels nowadays. The Lord Chief Justice; Are copies of this , book oh sale in booksellers’ shops?— Yes; every respectable bookseller sells ft. At- the close of Serjeant Sullivan’s crossaxamination the Lord Chief Justice observed that it seemed that the question was not whether the information published in plaintiff’s works was desirable, but whether it was criminal, BIRTH CONTROL AIMS.

In the witness box Dr Marie Stopes was asked• Is the reduction of. the birtTf-f3?e any part at all of’your campaign?—Not as a whole, but to reduce it at the wrong end and increase it at the right ' end "of the social scale. The objects and purposes of tjbe Constructive Bdrth (Control Society tare: “If possible to counteract the sad evil which lhaa been growing, to arrest the . reduction of the birth-rate on tho part of the welhoonditioned, and arrest the reckless breeding among the C 3 and of the ■; semi-feeble-minded, etc. It is my belief that the stability of the country rests on the; existence, of happy homos, and the happiness and stability of. the. whole rests on- 'the mutual ‘ understanding and love between the men 'and women.” Such books as those she had written had previously been lacking. ' Have you any intention to pander to tho improper feelings of the community?—No. No one. ever experimented in any way at her • clinic. “That is r a cruel libel,” she said.' - HOUNDED BY THE ROMAN • CATHOLIC PRESS.

Cross-examined by Mr Charles, she agreed that she wrote', a, review of Dr Sutherland’s book in the, Birth Control News, It read; “Dr Sutherland V ‘ book imposes only on those, who are more ignorapt than he is. It is, moreover, only calculated to encourage the biased 'in their prejudices, for now, when speaking against birth control, they can say,‘A doctor says so.’ They, will probably forget be is a Roman Catholic doctor.” Asked if the action was brought for the purpose of clearing the air so that the society would know where it stood. Dr Stopes replied “Not only.” Worse things than what Dr Sutherland says have been sadd about you?i—Yes, by the “gutter press.” ' The Roman Catholic press has been hounding me for nearly three years, she said later. “It has said all sorts of things, and I cannot remember all of them.”

Questioned about the report of the Royal Commission on Birth Control on which she sat. Dr Stopes pointed, out that all the members agreed on the advisability of preventive methods.

Are you' still inquiring for a fool-proof method?—l and nwnv others are inquiring after the truth, certainly. Asked if she had never heard of disastrous results attending a certaain method, she answered: “I have read of one, and I have been told of 1060 cases to the good.” Have you never seen your books in the windows of a certain typo of shon? —No, I have seen them in Hutchard’s, the King’s booksellers, in Piccadilly.—(Laughter.) “MESSAGE FROM GOD.” Are you a prophet of God?—The messaged conveyed to the bishops was, in my opinion, a message which God now has at the present day communicated. Mr Charles referred to “a new Gospel to all-people,” which witness said was dictated by the Almighty. The message, she claimed, was ‘ transmitted to her while in the woods near her home one afternoon in June. Do you believe and represent that what follows here came direct from the Almighty to yourself?—As a Quaker, I believe that the spirit moves me at any moment. The “New' Gospel” includes contraceptive methods?—lt includes .all that science can teach. Reading a passage, Mr Charles asked; ‘.‘Doesn’t that sound suspiciously like a passage from a book by one Marie Stopes?— All my teachings have been inspired. Serjeant Sullivan : Do you claim, that you are the last word in this controversy, how—■ that you are a prophet transmitting the word of God? —I do not think that Christ Himself ended controversy. The Lord Chief Justice: Other people may dispute about it, but you are satisfied of this much: you express the true repetition of what came from the Divine source to you?—As nearly as I could remember. UNSUITABLE ATMOSPHERE.

Serjeant Sullivan: Is “Married I.ove” in the text or among the Apochrypha? Do you claim for that book similar inspiration of a message to humanity?—No. _ Except .that my whole life is ' guided by Divine instructions. lam a Christian. I believe in a living God, with Whom I am in daily contact. There are passages in “Married Love” which it would be an outrage to read aloud — passages which were written to be read with the book complete, in solitude, and with thoughtful minds. Serjeant Sullivan; You* would, not like me to read this passage in this assembly, would you?—l would not like the spirit in which you would read it. Would you think it indecent for me to read that page?—For you to do so, yes.— (Laughter.): , , . Then will. you take it up and read it. yourself?—No. Because of the spirit in which it,would bo listened to. Why should not one of us do it?—Because of the atmosphere in which it would be either read or received. The atmosphere is the atmosphere of the administration of justice. Do you know ijny better?—l would read it to my lord and the jury alone, if necessary. The Lord Chief, Justice: Did it not occur to. you that people who ought to know those things probably, did, know- them, though Jor soma reason they did not talk or write much about them?—No, my lord. Contrariwise. People who ought to know these things do not know them. If you could read the thousands of letters I have had from all ports of the world, from medical men, clergy, and private individuals, from men of the aristocracy and the workino- class, thanking me for at last explaining difficulties to them—that is what influenced meTHE LAW IN FRANCE. Serjeant Sullivan; You have circulated these books very largely?—The publisher has—all over the world. There is a French edition. Counsel observed that the tenth edition of “Married Love” recorded 165,000 copies published. In America, said Dr Stones, her book was pirated, and the book got into trouble. The publisher interpolated words of his own, and the book was suppressed. Her own book had not been published in America. Her objection to the position in France was that'in 1920 a law was passed there making all knowledge of scientific control of conception a criminal offence. That law, she declared, was inspired by such persons as the defendant, but instead of sending up the birthrate, as was intended, it had the reverse effect. The Lord Chief Justice; If you are teaching, in a book, married people how to avoid a generation of children, are you not also teaching unmarried people the same thing? —Since 1825 these matters hove been fought. In my book I distinguished between what is good and what is harmful. . Counsel: Will you agree that the groat function and necessity of marriage is to provide for the mother and the child?— Certainly. If there is to bo no child, marriage may be postponed or omitted, may it not?—l do not agree with you. At all events, the great necessity in marriage is potential motherhood ? —lt is the object of.my work that potential motherhood shall be actual motherhood. Nurse Maud Florence Ebbs,, matron-of tho plaintiff’s clinic since March, 1919. said no patient of the clinic had ever complained that she was being experimented upon, and she had never performed _ an experiment upon any person at the clinic. The method in use at the olinio had been known for many years. The Lord Chief _ Justice: If a woman, married or unmarried, can find 3s for the cost of the things she need never have a baby at all?—1 deal only with. mothers.

Mr Charles (cross-examining): Do y» ask the women who come to the clinic if they are married?—l nsk them if they are mothers.

Mr Hastings: Do you find there is much misery amongst the people you attend owing to excessive families? —Very much.

EVIDENCE OF SIR ARBUTHNOT LANE.

Sir W. Arhuthnot Lane, F.R.C.S., and consulting surgeon at Guy’s Hospital, said in the course of his practice he bad seen intense misery and distress as the - result of multiple pregnancies. Mr Hastings: Did .you, comparatively recently, get to know of the work of Dr Stopes?—Yes. It came to me as a matter of intense interest. I felt that we had come across a real philanthropist at last—an intelligent one, I may say. There was no danger in the measures advocated at Dr Stopes’s clinic. He was acquainted with ths views of many other medical men on this subject. . Mr Hastings: Including Lord Dawson?— You know his opinions as well as I do.

Mr Charles, in cross-examination, suggested that witness had given evidence in other cases which dealt with books alleged to be obscene,—Yes. because I hate injustice, injustice to the poor. The poor are the sufferers here, and we have no right to inflict suffering on ■ them. May I offer you a. suggestion, sir? That is that the preface to “Married Love,” by one of the most distinguished living physiologists, expresses the opinion of the medical profession as I know it. Serjeant Sullivan: You are enthusiastically in favour of these books. To how many of your young lady acquaintances have you presented “Married Love?” —1 have not to my knowledge given it to anybody. -j Do you leave it around where your maids or the ladies of your household have access to it ?--Most certainly, with all my hooks. They are accessible to anybody and everybody. ■ ' ' , What would you think of any man who sent I '“Married Love” to any young woman of your acquaintacbe ?—I see it on the tables of heaps of; young women. If the young women had reached active sexual Hfe, the book would do her. a great deal of. good. Serjeant Sullivan: You mean a married woman?—No, sir. I raoari that any young woman or man who was .old enough to go to-prison or even-to be hanged should have this information. .

Thou yvhy don’t you circulate it?——lt is not my function If a tempted couple could bo certain that the result would not be 'parenthood'', they would be far more liable to fall into illicit sexual intercourse?—l don’t admit that. But you agree that the apprehension of parenthood acts as a moral restraint ?—Yes. In the present state of society don’t you think we had better cling to all the moral restraint we can ?—I think ignorance and stupidity should be left behind us. We have had enough of that. , Is morality to go with them ?—No. They are not consequent.