Although Judge Lindsey had bitter enemies in exalted places, he had loyal friends also. When Theodore Roosevelt had stopped there in 1912 on his Western Swing, the Judge was facing opposition. The city fathers did not want to include him as a substantial citizen on their platform committee of welcome. Roosevelt peered vainly about among all these bankers and business men. “Where’s Ben Lindsey?” he asked.
“We don’t talk about him around here.”
“Don’t we? Well, he’s a friend of mine. I shan’t say a word until Ben Lindsey comes and sits on this platform beside me.”
Nor would he speak until Lindsey arrived; everybody had to wait.
It was a high point for me at this time, so soon after my own court appearance, to have Judge Lindsey preside at my meeting. Formerly my listeners, with the exception of Indianapolis, had been chiefly of the working class. Here they were wives of doctors, lawyers, petty officials, members of clubs.
I was more than delighted to have an audience which had the power to change public opinion. The “submerged tenth” had no need of theories nor the proof of the advantages of family limitation; they were the proof—the living example of the need. It was vitally important to have reflective hearers who not only themselves used contraceptives, but who advanced thought through literature, discussions, and papers. To them I was telling the story of those millions who could not come, and trying to relate it as I knew it to be true. Stimulating them offered the best possibility of getting something done.
Judge Lindsey invited me to sit on the bench with him the next morning, and I watched enthralled the way he handled his cases. The familiar court method was punishment, and the more punishment the better. But he operated on the new psychology. For instance, he attempted to inculcate a sense of responsibility in one boy who had disobeyed his mother and run away from school, by showing him his indebtedness to her, how he should be helping rather than causing her grief.
The same tactics were employed in the case of Joseph, charged with assault on his wife, Nelly, who stood silently in the background, shawl over her head. Lindsey read the evidence, then said, “Joseph, come over here.”
Joseph stepped nearer, appearing somewhat guilty, as men of his status usually did when they came into court.
“What’s this I hear about you? Why did you strike Nelly?”