The New York herald., 1872-08-29
Interesting Proceedings in the New
York and Brooklyn Courts.
UNITED STATES COMMISSIONERS COURT


government, and examined by General Davies as
follows IL reside at sS4 Grand avenue, Brooklyn;
my place OF business is 49, 464 and tee Broadway;
have been for some time engaged In the suppress
sion OF obscene literature.
@ How did you become acquainted with the de-
Objected to.
O. Do you know his busnesss A. I know from
personal knowledge that he deals In marked cards.
to this evidence on the ground that it was trying
different charge nom the one at ISSUE
The witness, in reply to further questions, said =
know that he has dealt In gamblers Tools marked
&c ana e ana M 20
the time Of his arrest; recently had SEINE corre-
spondence with him; wrote to him from Bedford
Ohio, In response to an advertisement In the Days
Dofngs; / had conversation with him about an
advertisement in the Days Dot'sas. and he said
ton "How is 1t You advertise sporting literature
and photographs in the Days Dosngs2" He &C
knowledged the advertisement was his; that 1t
ature.
General Davies offered the advertisement in evi.
Mr.. Waite objected to the advertisement on the
ground that 1t did not 60 to prove the body OF the
The Commissioner allowed the evidence.
|, Witness-Acting on that advertisement wrote
the defendant letter from Bedford, Ohio; that
letter was signed by me in the assumed name OF
John Beardsley, and was addressed to E. M. Gran
don, Al Liberty street, New York; got reply to
got it in due course Of mail o card was enclosed
in the letter; the conversation that had with
az % n m @
letter; Grand0ns reply to me contained card, Q
catalogue and . circular; ! have seen Grandon lon
writing; have seen card like the one produced In
Grandon's place Of business:
Mr.. Ned Price, Of counsel for defendant asked
that that there the % was nothing speciacally alleged against
the accused. The warrant simply said that he had
deposited certain obscene publication In the New
not make defence on the charge because 1t was
too general.
General Davies replied, contending that the war
rant was sufficiently definite. 1t charged that the
On n sns as ay an %
meet the requirements Of the law.
The Commissioner ruled that there was charge
sufficiently specific for counsel to meet. II any
other charge were introduced he would hear coun-
General @ Davies again onered to put the defend
Mr.. Waite objected to the letter, on the ground
that there was n no evidence to show that the de-
Mr.. De Kay-If he caused it to be mailed that
would be sufficient.
General Davies-It is necessary that in case Of
this kind there should be circumstantial evidence.
In reply to a letter addressed to Grandon by Mr..
C0mstOck there comes tsfs envelope containing
circular, Q catalogue and q card we claim that
the cataiogue Is obscene and that the prisoner
sent 1t.
The Commissloner-The circumstances surround
dOn's establishment though he may not have
written or mailed It. The presumption OF law is
comes com in due course Of post the reply is nom tne
party to whom the letter had been addressed. He
would admit the letter and its contents In evidence
him since March or April last; think he knew Twas
engaged In the suppression OF obscene literature;
he admitted to me that he was engaged in selling
obscene literature and promised to 60 out OF 1t.
CrOss-examined-I am dry goods salesman:
have been IN the grocery busness am not paid
suppression obscene
but have received some presents In money; have
been reimbursed for my expenses had SIX or seven
business; last October knew that the catalogues
were q the character have described.
@. Did you then know that he was engaged in
him Ssn did not consider oa
Court and got search warrant to search Gran
dOn's place. but 1t was not executed; there
State Court; when spoke to Grandon about his
being dealer In these goods had not shown him
the advertisement in the Days Dotngs; I asked
him why 1t was that he had advertised In the Days
admitted that e had gone one out Of that business Isl @
ant; had signed my letter John Beardsley, Bed.
ford, Ohio and the answer came 70 that address I
Postmaster ter nv name and my business, and in in.
formed him that was engaged In breaking up
nefarious trade in New York; cannot swear OF my
ter which received In Bedford.
Mr.. Ned Price moved that the complaint be dis
Court, on the ground that the prosecution had
already obtained two warrants against the defend
ant In the State Court for this offence, which had
not been abandoned, but partially executed.
The COmmissi0ner-That was for dealing but this
is for depositng an obscene publication in the Post
once.
General Davies did not understand that the fact
OF proceedings having been taken for this offence
against the prisoner In the State Court would
vitiate the present prosecution before the federal
tribunal.
Mr.. Waite, while admitting that 1t was eminently
proper to suppress this species OF vile crime and
punish 1t severely, argued that the principles Of
law must not be forgotten in dealing with Offenders
Reformers often acted in way that blinded their
Judgment, just IKE Mr. Bergh who, no doubt, was
actuated by desire to do good. The prosecutor
came there as willing witness who sought rather
to convict than to do strict. justice. Was there
probable cause to hold the prisoner Did the Com
missioner believe that the defendant had told
C0mstOck that he was engaged in selling
bad books, when he knew that Comstock
was ready to prosecute him This was
specific offence and must be fully and
affrmatively established by the prosecution. Had
they shown that the defendant had mailed or
caused to be mailed an obscene publication The
charge was brought under penal statute, and 1t
must be specifically and fully proved. All the pre-
sumpti0ns of law must be taken in favor Of the de-
and ff n mo IN there