Mr. Stevens gave it as his opinion that both parties should be arrested.
“Did I make myself clear that the banner carriers were perfectly peaceful?” Justice Robb asked.
“When it is commonly known there is a forty-foot sidewalk there?” Justice Van Orsdel reinforced him.
“Well, then,” observed Attorney O’Brien, when he answered Mr. Stevens in his argument, “the honorable Justices obstruct traffic, according to learned counsel’s definition, when court adjourns, and they walk down the street together.”
On March 4, Judge Van Orsdel handed down the opinion, which was concurred in by the other two judges of the court, that in the case of those pickets who appealed, no information had been filed justifying their arrest and sentence. Since the offense of every other picket who was arrested was identical with that of these twelve who appealed their case, they were all illegally arrested, illegally convicted and illegally imprisoned. The Appellate Court thus reversed the decision of the District Police Court. In addition, it ordered the cases dismissed. All of the costs involved in the cases, it was decided, should be paid by the Court of the District of Columbia, for which an appropriation would have to be made by Congressional enactment.
Later, the case of Mrs. Harvey Wiley came up. It will be remembered that Mrs. Wiley was one of the forty-three women who picketed the President on November in the last picket line demonstration. She was sentenced to serve fifteen days in the District Jail. Dr. Wiley, her husband, appealed her case. Early in April the Court decided that there was no information filed justifying her arrest. So that she also was illegally arrested, illegally convicted, and illegally imprisoned.
Yet in spite of the brutalities to which the Courts sentenced the pickets, unconsciously they furthered the Suffrage cause. The women turned the Court sessions into Suffrage meetings. In defending their case at one of the early trials, the pickets, each taking up the story where the other left it, told the entire history of the Suffrage movement. Crowds thronged the Court. People attended these trials who had never been to a Suffrage meeting in their lives.
5. The Strange Ladies
THE EMPTY CUP
Evening at Occoquan. Rain pelts the workhouse roof. The prison matrons are sewing together for the Red Cross. The women prisoners are going to bed in two long rows. Some of the Suffrage pickets lie reading in the dim light. Through the dark, above the rain, rings out a cry.