The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-17


sonobt 10 enforce upon him great penalty under
statio ayowody passed in assistance Of the common law
mat his ntont import these articles should be proven
The reason Of the one and primary law IS applicable 70
other ana secondary law, The learned District Attorney
proved no intent Indeed, the proof N the case
conclusive that the claimant not aware OF the presence
of these articles in the imported by him l. there
fore gentlemen. submit 70 you whether my client, IT,
must appear to You ne should be acquitted on com
law Indictment should not also be relieved by your
verdict in this case? II is to be remarked that this last
consideration which have pressed upon your attention
IN behalf Of the defence, proceeds upon the suppo-
siton that you should conclude that The groups arc
obscene and Indecent Before the DEPRESSION, how
ever, | about proceeding to the inquiry whether
the evidence in the case would sustain the charge Of in
point. and promising that have clearly proved to You
that the groups which are the subject oi investigations
must be shown to your satisfaction 70 De N "a, general
Judgment of n grossly indecent and obscene nature,
TO the evidence Of the case. DO not mean to in
diyidualizc il, IL would be an infection upon your
and are uniformly testified by five reputable witnesses
Each is the member Of as many houses in this city-n
Maiden Lane and Broadway-which are and have been
engaged for TWO three years In the importation Of
osoopc groups OF character similar to that of those be.
fore you. During all that time they have uniformly OK.
posed them their comers in their cases, and in their
windows for sale and have sold hem wholesale deal
ers from the country and by retail to individual custom
ers here in The city These GU mers ladies' and
gentlemen indscrminateiy. Sol sold thirty dozen.
Some two hundred or three huueled dozen each The
houses are proved to be respectabetheir business
OBSERVATION-DISCLOSURES respectable. Each of these wit
ness also swears that he has exposed the show
windows OF stores in Broadway constantly and I'D all
hours, groups of similar character. Then agal the
government advances to the charge and introduces five
witnesses tcstf of their individual opinions IA two
OF these are father and son, and from the establish
ment, VIII consider them but one and proceed to ana
ze their qtariiaera fire DO they, many instance
pronounce What the general opinion this sub
iect Isl No. Each simply gives his individual
opinion and fails back Then, this quadrila
TO you that their opnonthe opinion of the four wor-
Thesis that these groups perhaps indecent-are
mental spur indecent They not know what Others
think hoy DO not care perhaps what others think.
mons they claim them TO be those OF New York You have
heard gentlemen, of the three taors Of Toolep stree
who began their proclamation with eve, tho people OF
EGRhai and you have both seen and heard the four
merchants who are announced be the people Of New
York 1aughier) Have they conradictcd the evidence
OF he claimant IN any one particular No. There the
proof Of the case stands, that while the people OF New
York Sos nothing indecent in these groups these four
gent en- beg leave to differ with them Imagine then
Ger ffeE planet where the standard Of propriety
3 AZ where modesty is sensitive and thought imma-
o. active window, and perceiyes the figure OF a
.trEt .raceiul aud beautiful woman. II nodesty
ta'r~ he perceivcs her ankle to be exposed and
f. tnh uncovered. He is in the act OF retiring,
r. 81 decent appearance joins the inspection
junction and with interest: The strangers
"a 49, arrested, and doubling the soundness of
~ }-tt' he reHfns Tor second view. female
arrive - carh and modest appearance. She con
ten sfpup on exhibition with innocent plea
sGie. Qs -er again reflects Surely the standard
o. oyctJ .ts + ot as elevated as in the planet left
VIII Gh&er'' Tier before pronounce these pictures
to be indtet I!a proceeds upon his walk, and enters
nj leusi bazaar where there many hundreds Of the
groups dspHS and exposed whose decency he has but
iu7 Questioned, and women ladies' and gentle
IL are inspectiu. thempurchasing them. In truth he
perceres IT TO be M extensive, shed and ucra
NV business openly pursued and vigorously prosecuted
by ender and Enthusiastically aud respectable ci-
zens-and he concludes these pictures not offend III,
modesty Of these people, they awaken improper ideas
they awaken passions Both sexes purchase them
openly and innocenty and all countenance the ra iic
and like sensible he thus makes his first enoran
DUN sGroups OF partially women which are not SUE
fered 10 be exposed in my planet because of their Jude
cency are not only exposed but freely sold in New York
because Tn hp dora And
will say gsntemen of the jury that the supposed stran
gers memorandum would be rather truthful than
those Of the strangers who really various
sit shores. suppose that need inform you that
the official Obligations of the District Attorney of the city
presenting Grand Jury FOR indictment every person
guilty of the for sale Of any Indecent or obscene
picture print figure Have you heard OF of
Indictment of any Of the persons who for the last three
years have been engaged the sale of groups ike hese
pronounces them decent 1t is true, gentlemen that We
should be in some guided in IDEAS Of ndecency
by the character Of the feelings provoked Yet, when
you reflect that the inspiration of lust in the de-
based and ignoble nature proceeds from many an
object contemplated with impunity by the innocent
and refined, think you will agree that this is not
an infaible test 1t is not nudity that implies indie
cency. Expression and posture controlling forces.
The naked figure may he than tia; conched
in the trappings Of royalty. The modesty OF the lady
Godiva ecpses chat Of the chase Lucretia. It's tha
hand breadth Of bosom leg, more or less exposed
produced by the figure, and as viewed by you hroug
public. Some said that they would not wish to
display these groups to their friends that they would not
permit them to enter their doors that they eongi red
them improper, indecent Ny client may be of the same
opinion. presume that he is | myself by no leaus
sustain their character But how will this aid 20 to
think, but what the public thinks. And that can be
judged of only BY the acts Of people generally no com
pose the public. am aware gentlemen that have &C.
cupied large portion Of your tme But do i see how
could very wen have avoided IT, When the Question Is
Jury Of twelve men for decision Of its chara cer il is
Of great difficulty compress ing no thin
reasonable limits; and much have said, vel behink
50 much unsad, that feel as t Tough all nv
duty not yet done Still must leave the case
quest that under the directions Of his onor the Judge
you will give client the benefit Of the e considerations
ARGUMENT OF THE AsslsrASJ psTRN 4 ATTORNEY.
Mr. Charles a. Hunt Assistant Dstr ct attorney of IN,
United States summed up the jury on behalf of thu
government. He said the learned counsel and himseI
were agreed in one thing namely Il at there was sng
question to be determined by the iury and thew alss
agreed precisely IN stating wb at that question was
The counsel had said in his opening and mad lust
that there was but question 10 e Jury and that was
whether the pictures in question arc or are not ndecen
obscene Thus they the G onnse) started together
but they parted company for Mr. Cochrane though
that this question involved the consideraton Of va
riety OF other questions, VIII CHI he r Hunt suppose
70 De qute irrelevant ~ Cochrane was thus taker
n'o AIRY ana nowery reg ons-regons Of rhetoric anc
ana metaphysics, while 70 view which he (sir. Hunt
took OF the question would conne him TO the solid earth
inc Jaw ana tne pam lac of the 1t affords
pleasure gentlemen (co atinucd Mr. HI to discuss Til.
merits Of such IN this public way but in the regua
@ =. orsI, duty must present to you tn
views emu tam " Jon this question, which l sha
10 aS cohcasy s possible, when the responsibility
M Mn t tam sn,usy with the Court and you. Ar
is Of course, yhera poir, ~ Inc rbaro decanc
ends and where T. aanaaa. 49, " ~" "S.g 80. 1911.
the wrong side o thai iinss - a.. sI pov ~
uae J IN with forfeiture all goods, Hnocent
'olne Sas,,iha ch came in the package which
hIe 49, on the same invoice. l need scarce
you that, upon such question
ana Mh other question is to be decided there is NJ
relevancy IN several Of the matters which have bee.
urgeu W IN your consideration For instance, you hay
~.
receive onesixh of forfeiture Ike this if ii Is declared
Weh suppose the Collector should the whole IN
sucn acase, would that fact have any special bearing
thr0 any particular light upon the question OF Ia
inc ecency decency Of the pctures So several othe
which the learned counsel Git throw out
the of his argument They may be very nteres,
ing statements Ia themselves but they have nothing
with the simple question which the counsel and bot
pretend to be discussing will not alude TO them fuho
and have only referred TO them at all for the pu