“So long as you send women to prison for asking for justice, so long will women be ready to go in such a cause.”
Anne Martin to the judge before whom she was tried.
After Judge Waddill’s decision that the commitment of the pickets to Occoquan was illegal, the pickets filed sixteen suits for damage. Eight of these were against Whittaker, Superintendent of the Workhouse at Occoquan, and his assistant, Captain Reams, on account of their brutal treatment of the women while at Occoquan Workhouse. They were filed in the United States Court for the Western District of Virginia at Richmond. The other eight were against the Commissioners of the District of Columbia and Superintendent Zinkham of the District Jail for the unlawful transfer of the pickets to the institution of Whittaker at Occoquan. These suits were filed in the Supreme Court of the District of Columbia at Washington.
The appeals in the cases of two groups of women arrested August 23 and 28 came up in the District of Columbia Court of Appeals on January 8, 1918, before Chief Justice Smyth, and Justices Robb and Van Orsdel. Matthew O’Brien, of Washington, and Dudley Field Malone, of New York, appeared for the Suffragists. Corporation Counsel Stevens conducted the case for the government.
“Suppose,” suggested Justice Robb, “some upholders of Billy Sunday should go out on the streets with banners on which were painted some of Billy’s catch phrases, and should stand with their backs to the fence, and a curious crowd gathered, some of whom created disorder and threw stones at the carriers of the banners. Who should be arrested, those who created the disorder, or the banner carriers?”
Mr. Stevens gave it as his opinion that both parties should be arrested.
260“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?&rdquo............