The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-20
ANOTHER sTERE0sCoPIC CASE.

s>oc~~o~e->N~ee->>coo~sr
valuable Goods Condscatcd to the Co.
vernment.
UNITED STATES DIsTRIcr COURT.
Before the Hon. Judge Ingcrsoll
OCT l9-7ns United States One case marked r. y &
sonaining optical inruments and steroscopss Ty Is an
other suit brought by the for the CO ascan
sf Of optical instruments valued at about 800
hancs because they contain stereoec0 yes which the
saihortics seized indecent and obsv me- The views
exhibited in Court and did sY pear to such
would shock the community. There we're groups of girls
displaying their legs encassd in sn1 ngs and viene for
he palm of symctry then half AIRED bust was visible,
but several respectable dealers the articles deposed
chat such kinds daily soh and that hoy dl not cy
ssdcr them neccent obscens The custom housa ON.
ecre .efcd TO a seizure, aid the views were exoted
20 the Court and Sury.
Lewis Hethe, for def.y &c, dspossd that no imports
w obscene have seen duplicates OF those exposed Ia
cinSows for alc haze sold similar views yyself
So, any objection r2ade those pc,uY,s heard one
ssn, ~ AXE ren1rk about them after ts attention had
been called tha think groups imported here
IN 1882 have Zen such nlcres as
o. ON exs bitsi in the wiows of importers and
,Ssrers who sns very high in u1e community
Tross examiD ID by Mr. Hunt ASSISTANT District A,,or
ecyl am anrsn Of family picture produced represent
aug group% ladies ieing y their sirersl; would no,
sstjec 10 take mat picture home 70 my family othsrs
produced or women 10 arty nude stated dcu consi.
der this innocent; MY like have il exposed on
seceDtnnlsss The POI son is exposed there two
salts pe.Sipg asavet myself.
Leris Simony, another dealer IN similar article de-
posed tt he sc such vie the young old peoples
rot TO kdies (ews produced); they not obscene
hdcccn has Sold duplicates Of those heard any
enc e6scct to them as indecent or obscene.
Gccs- examncdWonid have no objection to have this
group {the Judgment Of Paris) AT my house
d the Court--Whnt do you consider indie ,entY L.
NAkcd figures. @ What do ycu consider obseencp A.
double pictures Of males and females exposed
Theodore Bolenhagcn, also dealer IN photographs,
xcg hs he uf ..-.c or Sit
-Ausand dollars has sold pictures similar th pro
tSsed never hea any one object to them as indecent
'SSsSene; has sold similar VIC 10 &ies.
Cross examined-They were AmeTi.an ladies Of respec
Sable character; not French or German ladies.
Mr.. Clark, for the claimant argued that The goods
not Of that description that the jury should find indecent
yor by that verdict valuable sgnueut OF optical IL
strumens would be con6scated merely because pic
pres sworn TO be such daily Sold contained
IN the package.
Mr.. Dwigh; summed up in behalf q the government
manly iollows:m this sun, gentlemen Q; the jury,
you to examine the IN only aspect--to de
acrminc your minds only question. You are 10
hy ASIDE all considerations which do not bear directly
upen the pom. at issue--"Are these s.ereoscopic
views, which shown 70 no part Of the goods
proceeded against, aud which were imported with
shem, indeccn, and obscenes Thu. bare question
all you are called upon 10 answer The
circumstances OF the importation, the character Of the
ether goods seized, the proportion OF these views TO The
eeneraf amount of the mvoiee, entirely
Aatters. to be left out of mind examining this and
determining you m your verdict And in determining
shis question You have ads-rs testimony Of
the witnesses produced the he other and
personal
Meas concerning shcm. There have been produced
The part OF the government four wccssestwo OF them
Custom House appraisers gentlemen Of character and in
iegence and two Or Appleton and Mclke merchants
c standing and respecabty These four Witnesses gen
nemen, all say these views ndeccnt-such as they
would not exhibit 70 their wives aud children, such
hey would have in their houses such they would
aot oser for sale. On the part Of the c!a:mants-
there were also introduced four witnesses, three
Il whom, bear in mind, gentlemen, II appears
are interested in cases IN which tho government
claim the forfeiture Of their goois for the
mr. MAJ ~ tfeal1
JUDGED In their opinions OF those Witnesses tan Of whom
ray that they do consider these views ndecen
50 further and give their definition of decency They Say
sha' picture is indecent only when exhibits the raGed
FORM u lam sure, gentlemen that you will
give much broader definition of this phrase aud say that
there aremany pictures which indecent when
exposure OF the body y made In this connection gentle
men allow me 70 onsr wha. consider as the test and
prompt suggest impure thoughts feelings II IS not
vhaf The article or picture Is sel but the emotions
cites The group Of Cupid aud Psyche in the Capitol
viewed with pleasure, and would not blush in the
lace Of the refined young Of either Bot place
naked man and woman N such an attitude, and
Who would not turn away N disgust Counsel here al
yerted TO many other instances 70 eincatc and explain
this iGeal Three Of these witnesses, gentlemen
zate that they born in Europe and broug, up there
Now you must consider that the Of morality and the
views Of deconcy niecency very different Their,
from this country you Judge only by the tone 81
morality and decency obtaining here Congress does net
tgslate for Germany or France brfor the United states
For those educated here Ia schools and academies
churches, ana no. for those who may be under different
Influences in ether lands Aud that standard Of morality
your opini,ps, gentlemen which is also legitimate
way Of deciing concerning their views presume there
" ht.ic trouble You are educated men, brought up IN
ihe sentiments Of propricty AMI morality which prevail
yet ~ this counryand may those sentiments be
Gene weakened by foreign nfucuces--you have wives
sisters, children Ask yourselves gentlemen, Il these
pictures are 10 your mind tccentare they provocative
% moral thoughts and chaste feelpgs Are
hey such pictures as yau would wish 10 slow
70 your families, TO exhibit 10 your friends By
your fresdes Gentlemen Congress has al that
capnot say that these pictures shall rot be
manufactured here sold here that matter left for
state and municipal legislation BIT it say, aud il
pas said, by the statute under which proceed this
case that such pictures shah be brought into this
country through the Custom House, and that Z napar
saton il attempted tina, such goods and all Connected
barrier against all foreign indccency-an iraecency
which, Ike The first iow Of the TIDE may y out slight
uaily gathers strength aud violence, and dashcs
with roar of destruction To you, gentlemen, is con
They have enacted ID &c saluary laws, and you
by your vercict will defend the purity Of hat pub5
morality which Is n once pGr,st aud modest pr
vate character and our wortbiest public sentiment
JUDGE ISGERsoLLs CHARGE
Gentlemen Of the Jury-Ihe law u Congress under
which the forfeiture OF these goods Is claimed, IS
thai of 1851 which prohibits the importation OF
indecent or obscene articles Or pictures II you
shcun to be portion Of he ' Iego.oe ani packas
ef this merchandise, indecent a. obscene sou
and sr the government Ii you 10 not consider them as
Indecent, you will ind for tie claimants. Congress- ia
passing this law did not define what be considered
Is Indecent or obscepc IN so many words sut what was
meant any thing that should olrnd chls'ity Il is
poss ble ~ introduce upon the stand here
who shall say that she does does consider these
pictures indecent. That is out OF the question. Bat
there are Introduced i've witnesses for the govern
nent business men, who say tina. these pictures are
indecent, and give as their reason for consider
ing them so, that they suggest impure AMI
fhaste thoughts? On the part OF the claimants are
Also four Witnesses who do consider them indecent;
but three Of these witnesses giyc their opinion that
only that s indecent which represents the human figure
nude Now, Congress did not n,ean TO say, IN passing
shis law, that only those pictures niece. which
represepteJ the nude form It meant pictures which Of
tended chastity and, many things osld chastity short
Of actual exposure OF the body the testimony Of these
witnesses cannot ce considered bearing upon the cues
nonso that you have four wnes2ce the side who
consider these Offensive chastity, and the
otner Side WHO does not think -. have given you
abe definition OF these words, indecent and obscene that
which oends the sentiments and feelings Of chaste man
or woman; and II you ind either from the testimony
produced or your own Inspection Of the pictures, that
goods clairaed, otherwise you VIII And for claimants