The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-02
United states District Court.
Refora Hon Iu.ipe Hetts

JrsY 1.-Joseph Bounty The Schooser Alexander
Law, Edwin r. Kent, Camant--The schooner on her
passage 10 this city foundered rock at The entrance
Of Hurgate opposite the ferry, and within few rod OF
the shore Her hired OF the hbellant about 80
water casks to be part ahed along side tho schooner,
and part placed III her bold, for which he engaged o
pay rs per day. and also $40 per day for sloop 70
be placed along side the schooner and used ~ floating
the schooner with tie rise OF the tide. The Court ad
vised the bean to take the sum Of Sllo in full salts
hcten Of his demand, without costs. this adjustment
Is refused the decision must be that the libel be dismiss.
ed with taxed costs
INDECENT AND OBSCENE PRINTS.
The United states six Cases Of Apothecarys Fancy
Porcelain Goods-1he libel OF the informant in this case
charged that the packages in question composed
q number OF indecent and obscene prints, painting,
Autographs, eDUsvngs and ransparencies, and sought
their condemnation forfeiture for that cause under
the 2sh section Of the act Of August 80 1872 The evil
dence support the libel consisted Of series Of grossly
obscene and indecent figures representing male and
female persons lewd indecent posaons, aud exhibi
coored ne indecency and obsccni,y was in the shape
posture of the figures themselves II not proved
that the colorns was effected BY any process Of painting
that Il was worked in by the ordinary method OF
staining baked wares. II tho colorng done by the
brush after the figures otherwise completed, that
process produced variation OF shape, did impart
the original indecency obsceny Of the representation,
although in particulars q striking and notice
able effect may have been given the figure BY The color
ing verdict Of condemnation taken by consent
this evidence, subject TO question a law, whether u
brough, the importation within the prohibition Of the
painting lthographs, cugrayings and uansparcnccs.
liberal intendmcni vii be applied 20 the language in
order 10 reach the mischief designed TO suppress:
yet the courts travel beyond the real enactment
and being within its scope thinks independent Of It's PRO
hbon only for The that they tend 70 cause the
eyi Congress meant 70 nhbit Tlc legislature has not
declared offence import Indecent statues castings,
any representation In wood, stone, the carhs Or me
ias unless they have the quality Of uansparences. A.
though vulgar and depraycd tastes may be Andered u
by sculpture. by dyes-the pattern lathe, or by
operations with moulding the hand, WOOL or
the metals-yet probably II was considered tho ex.
pense and difficulty Of giving large circulation % such
products such not 10 require The lsterposi-
ton Of the Law 20 prevent their importation into this
country Without searching for reasons motives why
a particular code has been adopted by the IegiAs.
ture, Is enough 10 meet the necessities Of this case 70
ray the Law has not included putting into whatever
sbaIcs offensive 10 good taste a. decency nay have
b,cn manufactured In the let Of articles which cannot
be imported INTO this country unless such articles be
made the base " prohibited print painting hthograph,
engraving trans Tarency. The batch Ct vile articles
proceeded against 10 rot stand In that predcament
and however scandaous sni the misconduct q tho
persons conducting this importation may be- does not
amount 10 The offence created by Congress- which sub.
Jet the reprobatcd articles, and tho packages with
which they connected, ~ condemnation. ! am,
therefore, compelled 70 arrest judgment the verdict q
conviction Ia this cage ordering AZ the same time
6oats Of probable cause for the seizure.
Judgment accordingly.