The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-18

| journal, ably conducted, and published in this
city, and devoted to criminal matters, is the fol-
lowing curious correspondence between Alder
man Purser and the Alms-ho Commissioner
Mr. Leonard, Willis Hall, Esq, and Jno Nc
Keen, Esq. the District Attorney, on the subject
of the model artists and the law in the m atter:-
Nav YORK March /, Isl5
DEAR sIR:-ln answer to your communication of this
date have to say, thst, should the Common Cour Gil
through your committee desire to prosecute the parties
interested 10 exhibiting obscene shows model artiet
&c, and should i be deemed advisable to prosecute
through the Conmie,ioner of the Aims Department, /
am not only ready 10 si1 far may be ny power
the prosecution Of tuch suits but with you in the
opinion that the well being of citizens that
every exerioo be made for the suppression of this
ssnce. can only repeat that you will have my sympa-
sna my bert s..TOn. to second you in your
fesrfully to corrupt the public morals.
an, with due respect,
Gro PUnsER, ESQ M g. LEoNARn
Chairman Committee. Commissioners
My DEAR sR;-In reply to your note of the LIST inst
In which you request my opinion to the power vested
In the sisrscy to suppress exhibitions Of "model
artists" either summsriy or by indictment, have to
say
Of the land 1t is wcn established principle of com.
mon law that any open violation Of decenoy any act
or performances tending 10 ipjure public morals Is mis-
demesnor and the actor may be indicted and
punished by fine and imprisonment.
The most common offences punished under this prin-
cple the exhibition Of indecent pictures the iude-
cent exposure of the pereon, SO
Getting up indecent exhibitions IL undoubtedly in
dictsbie uoder the same priuciple; Bl. c. 65
such things have been punished in neighboring States
s, ssS N ssrs RAN 81 in
Our statute has no provision relating to this point
oept this III two or more persons shall conspirs
rails 80 they shall be deemed guilty Of misdsmeauor
2R s. 6sl QH Ed) So
Whether this exhibition Of model artists" is an To-
decent exhibition, Is question Of fact of which the
committee must satisfy themselves by such proof they
If the committee to tho conclusion that these ex
involve an indecent exposure of the person. the
person; SO e1po.ng theseves are liable to iadic
Camp So It'd les; Russell on Crimes, 352
Or tboy come to the acuson that this is an indie
cent d.moraisius exhibition the get'ers Of It, and
the parties concerned may b. indicted Or they
cude that two or more persons have conprea an
act Injurious to public morals, the parties couspng
statute But If they caunot come to either of these
conclusions th'y may stu perhaps consider tbs exhibit
The act ir, That al! juyslers common .howmen and
mountepanss, VINO EXHIBIT or perform for profit any
eats s, So shall be deemsd dsord.rIv nerson, Va
II the committee huk tins parties guilty OF misde
mesnor by violating the lava ofdecency either at CON-
mon law or under our statute as to copspraee to in
ure pueblo morals the proceeding must be by end
indictment But If they conclude that this exhibitions
can be considered ouy In the light Of Derby
they sre TO be proceeded agsns by complaint tn
oath OF the masstIate whose duty it is TO apprehend
them ana bind them over to Of good bh svor for
year. Respectfully, your obedient servant
WILLIS HALL.
Gro. FrRsER, Etq,
Chairman of Special Committee.
DYrRrcr ArToRNEYs OrFlcE,(
New York, March I'd ls4S. )
Sir You VIII be pleased to communicate to the
cia committee OF the Board OF Aldermen appointed in
relation TO the exhibition of The Model Artists" my
opinion, that indictment BE- suetsined against
persons engaged In openly outraging decency The
common law also reaches those who commit any
which from It's nature must prejudcialy affect the
morals of the community
Withrcsp.ct remain,
Your obedieut servant,
JOHN McKEON, District Attorney
These opinions, TO say the least, are rather
evasve, and the laws referred to very ancient,
perhaps as old as Sodom and Gomorrah. 1t is
impossible TO say yet whether the model artists
are indlciabe or net These legal gentlemen
themselves, we apprehend, are not decided on
the matter, either in law or fact In the mean
time, We understand that ali the musty and
moth-eaten laws that have been passed in certu-
ries past, are TO be dragged from their hiding
places, brushed up, polished, aye, and put in
tights, for all we know 10 the contrary for the
purpose OF forming ammunition with which the
authorities, with the Grand Jury at their back, as
corps da TeSerce, can carry Campaign
agalnst the lighted nymphs who are exhibiting
their delicate proportions 10 the public nightly,
at prices varying from six and quarter cents
TO half a dollar head, old and young; but
the less drapery, the higher the price of the
ticket. This campaign will be doubtless very
interesting and exciting, probably as much
so as the recent campaign on the Rio Grande, or
that from Vera Cruz to the Halls Of the Monte
zumas. From present appearances, il will be
commenced by round of artillery from the
Grand Jury, IN the shape of an indictment, and
the capture of the girls, perhaps, in their poses
plastiques, by the police. This will be followed
up by small arms, and the fight will then become
extremely interesting during the trial in the
Tombs.
The ancient laws referred to by these dIstn-
guisAed literary and legal gentlemen, SAVIOR
somewhat of the fire and birthstone with which
the ancient cities Of Sodom and Gomorrah were
destroyed, and are evidently S some of the monu.
mental remains of those places. Whether time
has had the effect of essening their virtue, or
whetherthelr being Furnished up and rejuvenated
will have the effect of making them operative, so
as to SUIT the present case, or not, the issue Of
this campaign alone can tell The truth is we
much apprehend that nothing but simple and
direct enactment, passed Immediately by the Lee
glslature, can reach the present downward pro-
gress Of public morality, aud upward progress of
public drspery. And unless this be done-and
done quickly, New York will soon follow the
destiny Of Babylon, of Sodom, of Gomorran,
of Ninevab, of Thebes, OF Persepolis, .of Troy,
Of Corinth, Of Venice, &c. &c.
THE CAMBRIA is now in her twenty-frst day
She has probably experienced very severe wea
Their.