The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-17
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.

tistic invention which when confined TO simplicity modes
" and grace forms an agreeable appcndagc TO the draw
Mr. C II. Hunt Assistant United States District Attorney
opened the case for the claiming the consca
ton Of the goods under the act Of March 1857 He then
called
Daniel D. Briggs, who deposed-I have been United
States Appraiser at this port for six years. lin
voice producedD this my signature the invoice
have seen before; was SHOWN by Mr.. Brown; with
,s ne some ana go my opinion as 70
cent" 1T was here admitted that the pictures shown Mr..
Briggs are those seized in the Custom House.l
Cross examined by Mr.. John Cochrane-There were
only ten views which considered indecent the value
Of the invoice f5l los the value Of indecent pic
imported; but recently they are usually imported with
other there was an entry made Of those and
duties paid.
Re -dIec-There are not many indecent importations
made.
The case for the government here closed
Mr.. Cochrane briefly opened for the claimant, and
called
Frederick Wilton, who deposed that he Is dealer in
stereoscopes cannot say how large his mporaons have
been, perhaps several thousand dollars year witness
examined the alleged indecent pictures.) have i'm
ported views Of these descriptions these pictures
known as "groups, /" and have imported similar the
person exposed as much in these; when ordered
"groups," such views as these sent me. @ Have
you exposed such views for sale?
Mr. Hunt objects. Mr.. Cochrane argues for the adms-
siDty Of the question show how these pictures are
considered by the community.
BY the Court-The jury cannot find verdict without
other evidence than the articles themselves Congress
tended to prohibit the Importation Of the of
tation is indecent II these articles are intended 70
excite indecent emotions they prohibited by the act
OF Congress The claimant has right to introduce test
mony prove whether they considered indecent
not
figures similar to those produced Objected admitted
by the Court A. have exposed such pictures
@ For how long have you exposed such pictures' A.
Stereoscopc views Of that character exposed from
one to three months, till sold; they were exposed
openly.
n Uriu Spal llv
by out Of town dealers; trade is wholesale; when
speak Of dealers mean those who sell again have
sold yeta TO residents Of this city, the pictures
were exposed in our windows; we sold all we had
O. Al any time, during their exposure, did you have
them TO be spoken of as obscene; have heard them
spoken Of as desirable pictures for sale.
nave you seen aucn pictures t exposed esewheres
looked at each Of the pictures shown by the Dis
ct Attorney, and do not consider them indecent OBJ
scene
Crossexamined by Mr.. Hunt--I think the picture
marked - decent "a group; think the pictures
(groups) marked and are decent
MIR. Hunt produces picture marked No (rather an
ndescribable concern and asks witness what his opinion
Is about it,
Mr. Cochrane Objects as the question is irrelevant the
picture not being proved to be of those in the Of
the present claimant.
The Court allowed the question: in order TO test the Wit
A. think the attitude in No is indecent; the expres-
sion Of the face and attitude of the body suggestive
think No is indecent for the reason think No
is not indecent have not seen the pictures sold in
not recollect that have had identical pictures to
these we have had similar ones of this character
posed them openly in establishments have seen hua
dreds of men and look through assormentsin
which such pictures contained have seen married
ladies Of my acquaintance look at Them don't recocct
to have seen young persons of fifteen years Of age
at these pictures should take no pains to conceal the
out objection; recollect that one occasion man
asked for "fash pictures and told him we kept none
/ showed him out Of the store supposed he wanted
pictures ask for
"groups"
on my table because do not consider it indecent
might not have It there for other reasons; exhibit
these as 'sgroups."
goods and has been such for twenty five thirty years.
has imported stereoscope views figures for three
years "a B. c. and others shown witness We have ex-
posed similar pictures for sale openly In glass
the window ever since have had them all those aude
to were imported by purchased in this city
ton have sold hundreds Of dozens wholesale and have
sold some at rea have sold to dealers, fancy goods
traders, opticians sati0ners, druggists, &C.. &C. up
the commencement Of this year we retaed to ladies and
gentlemen ndiscrminatey there was the same exposure
Of person In those sold both similar pictures are ex
posed all through the city we have had persons object
such pctures because they might be too gay they did
not object the ground Of ndecency they generally
not considered indecate; they at first by some.
Cr0ss-examined by Mr.. Hunt-I am man Of fami.
ly; have stereoscope and pictures at my
home; have taken home such pictures groups) would
would not take my children to ballet don't think
the picture marked Is indecent; have had pictures
like A exhibited In window.
Louis Althof examine by Mr. Cochrane deposed that
he has been In the fancy goods business for sixteen years.
has imported groups for eight nine months past
has not imported such pictures A. B. exactly have
imported groups exposed much those three
hundred dozen passed through the Custom House. and
Maiden lane and one in Broadway the , pu have
been exposed in Broadway to ladies and gentlemen they
were kept in the windows and on the tables they have
been sold to ladies' and gentlemen ndscrimnately
objected TO the pictures they had objected would have
destroyed them; sell perhaps $40 900 worth year in
the retail storc have seen such pictures exposed about
everywhere.
Cross examined by Mr. Hunt-I don't know that have
sold copies Of these pictures except at Wholesale
bought ten dozen and sold them wholesale customers
all over the United States we sell our pictures in the city
from the Broadway store
Frederick j. Emerich deposed that he inspec Of
optical Instruments and has been in the business ten
years. have imported groups for three or four years.
have imported groups similar those before the
Court We sell them wholesale to dealers out Of town we
have occasionally sold retail never had them objected
to- they exposed all the city, similar to those.
EBy the Court have seen indecent pctures they
nude figures Of males and females. rt
To Mr. Hunt have myself sold similar pictures TO
those in court 10 stationers opticians, &c.
Oscar srasburger and l. Rosenfeld deposed that they
also had imported "groups similar to those before the
Court.
The case for the defence here closed and the District
Attorney called the following rebutng testimony
On the part OF the United States Roe lockwood dealer
in books testified that he also dealt in stereoscopc views
Upon examining the views in question: he pronounced them
indecent and that he would not sell or cxpose for sale
G.. r. Lockwood, and partner Of the last witness,
testified to the same effect.
Mr. George Appleton book publisher was then called
nnd testified that he had charge OF the department Of
their business which included scrcoscopc views Upon
examining the views proceeded against in this case be
testified that his firm did not import views or that chaac
ter and that them unfit for public
and sale.
benjamin Pike, Jr, opticinn was called and examined
ana said nc agreed WIKI the other witnesses TO the OBJ
jeconabe character Of the views Witness imports ste
reoscopic views, but Of different class
ARGUMENT or THR coCHRANR
claimant,
cecded TO address the jury The counsel having bestowed
upon the exposition Of the defence research and labor
equal 10 the importance Of the subject, we give eKecn
Of his remarks m their more general bearing only The
honorable gentleman said The line of defence, gentle
temen Of the jury, which in opening address 70 you
sgnncd would be ours has been observed, and We
have now exhibited you volume Of reliable evidence
sufficient 10 guide you safely 10 verdict AS before in
sisted 10 YOU the learned District Attorney agrees and
H. ahc IN