A change in Judge Hazel’s attitude had taken place since August. Instead of listening to my request, he advised me to get an attorney at once—my trial would go on after the noon recess.
I was so amazed that I could only believe his refusal was due to my lack of technical knowledge, and supposed that at this point I really had to have a lawyer. I knew Simon H. Pollock, who had represented labor during the Paterson strike, and I went to see him. He agreed with me that a lawyer’s plea would not be rejected and that afternoon confidently asked for a month’s stay. It was denied. He reduced it to two weeks. Again it was denied. At ten the following morning the case was to be tried without fail.
From the Post Office Department I received roundabout word that my conviction had already been decided upon. When I told this to Mr. Pollock he said, “There isn’t a thing I can do. You’d better plead guilty and let us get you out as fast as we can. We might even be able to make some deal with the D.A. so you’d only have to pay a fine.”
I indignantly refused to plead guilty under any circumstances. What was the sense of bringing about my indictment in order to test the law, and then admit that I had done wrong? I was trying to prove the law was wrong, not I. Giving Mr. Pollock no directions how to act, I merely said I would call him up.
It was now four o’clock and I sought refuge at home to think through my mental turmoil and distress. But home was crowded with too many associations and emotions pulling me this way and that. When my thoughts would not come clear and straight I packed a suitcase, went back downtown, and took a room in a hotel, the most impersonal place in the world.
There was no doubt in my mind that if I faced the hostile court the next morning, unprepared as I was, I would be convicted of publishing an obscene paper. Such a verdict would be an injustice. If I were to convince a court of the rightness of my cause, I must have my facts well marshaled, and that could not be done in eighteen hours.
Then there was the question of the children’s welfare. Had I the right to leave them the heritage of a mother who had been imprisoned for some offensive literature of which no one knew the details?
What was I to do? Should I get another lawyer, one with personal influence who could secure a postponement, and should we then go into court together and fight it out? I had no money for such a luxury. Should I follow the inevitable suggestion of the “I-told-you-so’s” and take my medicine? Yes, but what medicine? I would not swallow a dosage for the wrong disease.
I was not afraid of the penitentiary; I was not afraid of anything except being misunderstood. Nevertheless, in the circumstances, my going there could help nobody. I had seen so many people do foolish things valiantly, such as wave a red flag, shout inflammatory words, lead a parade, just for the excitement of doing what the crowd expected of them. Then they went to jail for six months, a year perhaps, and what happened? Something had been killed in them; they were never heard of again. I had seen braver and hardier souls than I vanquished in spirit and body by prison terms, and I was not going to be lost and broken for an issue which was not the real one, such as the entirely unimportant Woman Rebel articles. Had I been able to print Family Limitation earlier, and to swing the indictment around that, going to jail might have had some significance.
Going away was much more difficult than remaining. But if I were to sail for Europe I could prepare my case adequately and return then to win or lose in the courts. There was a train for Canada within a few hours. Could I take it? Should I take it? Could I ever make those who had advised me against this work and these activities understand? Could I ever make anyone understand? How could I separate myself from the children without seeing them once more? Peggy’s leg was swollen from vaccination. This kept worrying me, made me hesitate, anxious. It was so hard to decide what to do.