The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-27
Wholesale
Wholesale OnlscaffOn of Eterooscope
Views.
UNITED STATES DISTRICT COURT.


Before Hon. Judge Bets.
Oct u The Unsted states .. One Ease Photsarph;c
Vseus, marked R-D e30--The trial OF this cause
resun,edaii, number Of pessss examined on both
sides. More shan one hundred vis'e, rom.r
and claimed - Indecent exhibited to the wit
Twoos Custom House officers testified to the
indecency some' views, and TO having passed
the same kind free indecency on previous i'm
poriaions. Meesrs. lockwood, Appleton, Benjamin
Pike and Wiley also placed upon the stand by the
United staes and testified that OF tn views were
necent hut the witnesses Offered with each other as 70
which ana when Indecent On the part Of
he cnanta fourteen witnesses (mcinbers OF the frms of
Williams, Stevens Williams, Goupii Co., WIN Hail &
SON. j. Griien. Pike Sons au artists dealers in
Photographic views, &c were examined, all Of whom
that none Of the views in Their opiniDn Ia.
decent, aud that the pubic entertained the sans suIii
nent as they did.
lii the course of the argument Of Mr. James Ridpewav
for the defence, he colteidcd that the views submitted
b6t obscene, and said that Webster has dsnn.I in
decent TO DC unfit 10 be seen or heard offensive To mo
desiy aud dccacy ana obscene, to b. foul ay oI,n.
hlve, org sg by the tpuchstone of these eniliyns and
the pabnc sentiment OF the present age YOU are 10 pass
UPON VI question. You are not 70 determine how pic
uies Vi tins character were regarded In former tunes;
neither III the luxurious days Of the Roman empire (wueu
ade wore gauz' dresses, which varo called desses OF
GAS hor ~ the scverer days OF the Iuriaus bat Nv
are they now esteemed IN tins metropolis by the
nuhny AZ arge. tn the glory OF the constitution aud
the Avs under which we hive that no one
however humble, be- puulshed in person
or estate, without guilt and that clearly demonstrated by
gai ev,nce for IL s well sctied prlncpe of law, that
esinthce, not Of nh uncertain NATURE borne up on ss
rlconh aud doubts, but positive evidence, clear and
vhcg, Requisite 10 the citizen Vi his property
Lave We that KIND Of evidence hereY by no means. AZ
lie very portal doubt aud uncertainty appear ~ have
oNersba1owed the minds cf the revenue officers, The
earlier inpo,atons Of these same sort OF photographs
parscd the Custom House ny unol ,ction,tde.
Then, for sornu best known - themselves, that
which had MI along been passed BY them as correct SUI
denly became Indecent As regards uis particular 10
voice. after n careful examination Of the views feeling
We have reason 10 believe they felt, doubtful whether
they came within the prohibnion they endorsed upou
hs part Of the invoice calling for hundred aud eight
CONN coore5 groups tho WORDS Indecent about three
dyln That Illustrates the doubt which prevailed WIN
tte apprnisers and cxnmintra shsc duty was TO de-
ignntp the refrobate picnrts ana they unable
sh an. d, gree oi cortaiDy, t. fix upon tho number
lGi now, ut me ask, II tho refinement practical
kiB OF sch able officers leaves fhc quesAn m doubf
td they canrot sever ana divide hair ,gxr Dorth ana
notl and oiiYcsl sias, how 10 expsut tic es