The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-14
WoODHULL, CLAFLIN AND BLOOD.

The Obscene Literature Case-Tennie G.
Claffin Surrenders to Justice-Argu-
ment on Behalf OF the DEFENDANTS
Holy Writ, smolictt and the Bard OF
Avon Quoted i'm Dcfcnce-Ccmm ssioner
Davenport Refuses To He Governed by
Judge BlatchfOrd's Decision, and Ex-
cludes the Defcndn nts from Testifying
for Themsclvcs-The Case go BE Com
tinucd To-day.
Mrs. Victoria G. Woodruff and Colonel Blood were
again brought before Commissioner Davenport yes
terday. Mrs. Woodruff looked paler and more
anxious than on the previous days. The case was
heard in the Grand Jury room, which was crowded
to excess. Mrs. Woodruff occupied seat beside her
counsel, Messrs. Howe, Hummel and Jordan.
rumOr that Tennie C. Claim was about to surren-
der herself attracted large crowd Of spectators.
Assistant District Attorney Purdy appeared for the
prosecution. Mr.. Hummel appeared in Court
loaded down with volumes Of SmOllett, and other
authors who are generally supposed to have formed
Q school of light literature.
Shortly after Commissioner Davenport took his
seat there was q slight buzz near the door. The
crowd opened and Tennie c. Claim, accompanied
by two deputy marshals, entered the court room.
She at once walked up to her sister, shook her
warmly by the hand bowed to the Commissioner
and reporters, and took her seat beside her sister,
she was dressed exactly ike MIS-. woodruff in O
blue jacket, with velvet facings, blue scarf and
jaunty hat. She did not seem to be in the slightest
concerned at her position.
Mr.. Jourdan, counsel Tor the prisoner. again read
the decision Of Judge BlatchiOrd in the case OF
Francois Farez, vol. T. D. l46, which lays down that
prisoner can be examined in his or her own be-
hall before United States magistrate. He then
formally moved that his client be examined in her
own behalf have heard this morning that every
Commissioner Davenport-Except myself
Mr. Purdy replied at great length.
The Commissioner H alter hearing MT Jonrdan
motion, with all due respect to Judge Blatchford.
Mr. Howe then stated that Miss Claim had vol
unfairly come into Court and surrendered herself
hearing that warrant had been issued Tor her
arrest, and that both sisters were most anxious
for trial. Mr. Howe would assume that Miss
Clanin heard all the testimony taken the last day
Mr.. Jourdan--she Is here n,t,ac pro tune.
Mr.. Howe-And very good nunc pro tunc she
Mr.. Howe coDtended that there was no evi.
dence to show that either Of the sisters or
or that this complaint was not bred in ignorance
and iostered in malignity. He said that his
clients were women Of powerful intellect,
liberty Of the press-that which
no male prostitute like Comstock could take away
gress framed the law with the intention Of allow.
Ing, not jury, not the Commissioner, but that
man Comstock, Q Judge OF what was obscene. Mr..
Howe concluded by asking the District Attorney
what portion Of Woodruff Dc CtdHins Weekly they
INTENDED to prove was obscene.
Itcre MI SOulStoCk dskeu Jne commissioner TO
take down Mr. H0we's words.
Assistant District Att0rney-The Challls article.
MIR. Howe then proceeded to read the article In
question, as Mr.. Purdy claimed that the whole ar
ticle was obscene
Assistant District Attorney-we make no ques.
ton as to the truth OF the article.
During the reading of the article Mr. Howe
quoted the nineteenth chapter OF Genesis, and said
that no pharisee would think of prosecuting man
for sending the Holy Scriptures through the mail
Counsel went over every word Of the article and
that not one particle OF 1t was obscene
He said that such language coming from any one
outside woodruff Clalin-coming from Henry
Ward Beecher himself-would not be pronounced
obscene, but looked up to rs coming from great
authority. Mr.. Howe then read extracts IRON
He hoped that C0mstock was not
to be Judge of the obscenity OF the Holy Scrip
lures. Mr.. Howe read lengthy extracts from Shak-
speare, SmOllett and Richardson.
He concluded by stating that COmstock stood on |
ground, that he was attacking the lib |
erty OF the press and that this time In which
an invasion OF this character would not be toler-
ated on the right OF free speech and free thought
The further hearing was adjourned until to-day |
when Mr.. Jourdan will submit his views upon the