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Ethel Byrne

AKA: Ethel Higgins
Released
Date of birth:1883
Date of death:1955
Age:72 Deceased
Gender:Female
Race:White
Era:1910s
State:New York
Time Imprisoned:
11 Days
Support
Reproductive Rights
Ethel Byrne

Biography

Ethel Byrne was a registered nurse and one of the three principal operators of the Brownsville birth-control clinic, the first in the United States, which opened at 46 Amboy Street in Brooklyn on October 16, 1916. Byrne, a trained nurse and the younger sister of Margaret Sanger, instructed women in contraceptive methods and supplied or demonstrated contraceptive articles. Police arrested her with Sanger and Fania Mindell on October 26, 1916 under New York Penal Law §1142, which forbade selling, giving away, possessing for distribution, or giving information about articles intended to prevent conception. Byrne spent the night at the Liberty Avenue police station in Brooklyn — Sanger and Mindell were held separately at Raymond Street Jail — and was released the next morning on $500 bail. Her trial opened in the Court of Special Sessions on January 4, 1917; the guilty verdict came on January 8 and was reported the following day, and on January 22 she was sentenced to thirty days in the Workhouse on Blackwell's Island. She entered custody the same day and announced that she would refuse both food and prison labour. A federal habeas corpus application brought her back from the island on January 23 before Judge Augustus N. Hand denied it, and she was placed in Cell 139, near the workhouse hospital, on January 24. Contemporary reporting says prison physicians began force-feeding her shortly before midnight on January 26, after roughly 106 hours without food, and that she had been fed by force about twelve times by February 1; the widely repeated figure of 185 unbroken hours without food or water is best understood as the length of her attempted fast overall, including the days she was being fed forcibly. Governor Charles S. Whitman pardoned her at about 7 p.m. on February 1, 1917, on the understanding that she would not break the law again — an assurance Margaret Sanger gave on her behalf, believing her sister close to death — and she was carried off Blackwell's Island at about 10:30 that night, having served about ten days of the thirty. Her documented custody in the case came to roughly eleven days, counting the night after her arrest. She was born in Corning, New York in 1883 and died in Massachusetts in 1955.

Cases

Liberty Avenue Police Station
Charges: Violation of New York Penal Code §1142 — as a registered nurse at the Brownsville clinic at 46 Amboy Street, instructing women in contraceptive methods and supplying or demonstrating contraceptive articles.
Arrested: Oct 26, 1916
Incarcerated: Oct 26, 1916
Released: Oct 27, 1916
Sentence: Pretrial detention. Byrne was held overnight at the Liberty Avenue police station in Brooklyn — Sanger and Mindell were taken to Raymond Street Jail — and released the next morning on $500 bail. The clinic reopened on November 14, 1916 and Margaret Sanger was arrested again that day, but no surviving account places Byrne among those arrested, so this is her one documented clinic arrest. Charges as recorded: Violation of New York Penal Code §1142 — as a registered nurse at the Brownsville clinic at 46 Amboy Street, instructing women in contraceptive methods and supplying or demonstrating contraceptive articles. Arrested with Margaret Sanger and Fania Mindell in the raid of October 26, 1916.
Institution State: New York
Workhouse, Blackwell's Island
Charges: Violation of New York Penal Code §1142 — distribution of a contraceptive article and related contraceptive instruction at the Brownsville clinic.
Sentenced: Jan 22, 1917
Incarcerated: Jan 22, 1917
Released: Feb 1, 1917
Sentence: Thirty days in the Workhouse on Blackwell's Island, imposed January 22, 1917, of which she served about ten. She entered custody the same day and refused food and prison labour. A federal habeas corpus application brought her back to court on January 23; Judge Augustus N. Hand denied it, and on January 24 she was placed in Cell 139 near the workhouse hospital. Forced feeding began shortly before midnight on January 26, after roughly 106 hours without food, and was repeated about twelve times by February 1. Governor Charles S. Whitman pardoned her at about 7 p.m. on February 1, 1917, conditional on her not repeating the offence, and she was removed from the island at about 10:30 that night. The sentence ended by pardon — not by completion and not by reversal of the conviction. Some sources date the release February 2 because the pardon was reported in that morning's papers and her care continued into the early hours; Dorothy Day's contemporaneous report in the New York Call puts the removal at 10:30 p.m. on February 1, which is the date used here. Verdict as recorded: Yes — the guilty verdict came on January 8, 1917 (the day is reconstructed from the January 9 press report). The trial had opened on January 4 and sentencing was postponed to January 22. Charges as recorded: Violation of New York Penal Code §1142 — distribution of a contraceptive article and related contraceptive instruction at the Brownsville clinic. Tried in the New York City Court of Special Sessions.
Convicted: Yes
Institution State: New York