New-York tribune., 1872-11-04
wooDHULL and CLAfLIN IN JAIL.

THEY ARE CHARGED WITH SENDING OBSCENE
LITERATURE BY POST.
Victoria C.. Woodruff and Tennie {. CIafin
vera arrested on Saturday by Deputy Marshas Colfax
and Bernard on warrant issued by Commissioner Us
horn charging them with sending obscene literature
through the mails The aidayits upon which the war
rant was issued were made by the agent OF the soce
ty for tho Suppression OF obscene LlteratuIe'
Albert Anderson and j. Is. WOodley, PostOmce CLERKS
and T. W. Rees, clerk in the office OF The independent
and the literature specified Is the newspaper lsSueu
by woodruff & Clanin Nov. ?, 1872 Messrs Reymert
and Howe appeared for the defendants and Assistant
United States DstricAttOrney Davies who represented
the Government demanded that, in other cases OF
like character, they be held i'm $4,000 bail each In
speaking upon the question Of ball. Gen. Davies sad IN
substance:
This case is attended with peculiarly aggravatng cir
because the defendants not only circu
lated obsceue literature but they attacked In
most abOmnaDle manner the character OF one OF tue
best and purest citizens Of the United States and it Il
well worth while for the Government of the United states
to Yndlcate him.
Mr. Reymert-The counsel has no right to charge the
defendants with SANDER, as SANDER has nothing what
ever to do with this The defendants charged
with violating law OF the United States and the only
Object OF bail their attendance in court They
arc ladies doing business here peaceabe citizens and
It is for you weigh the danger OF their escape and pro-
tect the Government In the possession of their bodies
That must be the rule determining the amount Of bail
II there danger Of their running away suppose
would be necessary to large amount of bail but II
thev be harmless or unocent and prefer not to
away a small amount Of bail will be necessary.
Commissioner OsbOrn-I can take no judicial know
ledge of whether they Will away not nor do
know that they peaceable citizens. can only look
MT Reymert-Tho afidayits only allege an ofense
against the statute and required by law TO con-
slider tho accused innocent until tner eut Is proved
The idea OF tue Governments vindcatng or DEFENDING
the character OF W vel & qualified S 70 t@ke eSTe
ment is not called on to defend this gentleman from
slander The charge must be confined TO what appears
In the afidavits aud to nothing outside OF IT, would
therefore ask that the bail be made reasonable. e.,
Gen. Dayies-It is about two weeks since we found
that bail of 5000 in case similar to this not su
cent to hold the accused who fed from the jurisdiction
the person was arrested tried aud convicted An Of
fense OF this kind brings Imprisonment as well as nne
and prisoners persons Of good standing IS
much the more necessary that they should give good
Mr. Reynert-TRe only charge against the defendants
is that they mailed the newspaper 1t is said IN the AMI
that this is obscene literature. This charge brings
the alleged within the clause OF the statute, and
anything outside OF that cannot be entertained.
Gen. DaviesW shall produce evidence to you whether
the document Is not indecent and obscene literature
Mr. Reymert-There is only one charge against the de-
Commissioner Osborn-A newspaper called WOOdhuU
and Olans Weekly for Nov was submitted to me- This
paper considered by the Government publication or
vulgar indecent, and obscene character, and It is
OF the United States in violation of the law for the
purpose OF sending that obscene publication through IT.
That the charge upon which they arrested issued
warrant upon the aidayts laid before me- The question
is whether tue newspaper Is vulgar and obscene pub
ncatlOn. In determining the question OF
missioner can these defendants u other light
than those defendants who were arrested four or ye
for sending obscene books through the mails
The Government then demanded $4,000 bail. then ex-
pressed opinion that tins not only violation OF
the law but an outrage upon public decency without
expressing any opinion IN this case, must consider
what amount Of bail should be deposited with the Gov
erument 10 secure the attendance OF the defcDdanS
before the Court-ba that will not DO oppressive TO
them and will Just To the Government Having heafd
the DstricAttOrneys application, nX the Dai IN each
case at 5000 with suretles Tor each. The defend
nts TO the custody OF the Marshal 10 he
by him Imprisoned In default OF ball. and the eAalnna-
ton Is set down for Monday at o'clock. ,
The accused theu taken TO Ludlow-st JAN, ana
their examination was fixed for at ?. D. n to-day
After their incarceration, tho following correspond
ence took place between them aud George Francis
Sr NICHOLAS HorEI.
Twill 20 your bail satisfied the eowsriy Chrsn community
will de,roy you II possible roen state Of
GEORGE FRANCIS TRAIN
DEAR sR We might expected that aad Of nations
would bis the face OF c0ga society and
your and anbod but conscious OF
ht prefer iadeendcn remain where for the
Having aid he hs shall DO the last to for
gett hicroKi.t !. MooDhuL-
This case came up In another form, In the afternoon at
the Jefferson Market Police Court Col. Blood aud w.
A. Smith, the publishers OF the same newspaper were
arrested warrant for libel issued by Justice Fowler
aud were committed 10 await an examination l.. g.
Chals broker, OF No. II Broad st., the complainant,
stated that outrageous piece OF Dlackmailng had
attempted him by the two women. Miss Claln,
March 30 sent him, he alleged, letter demanding
called upon him and renewed her demand. Ii re-
fused to give the money and almost immediately after
ward received from the woman proof OF the art Gle
subsequently published IN the last issue of their news
paper. . ..,,