The sun., 1873-06-28
WooDHtLh axD oLAFLIN rEEE.
The uuitcd states Unable to Consign them
TO u Dungeon 4 sudden Termination Of
the Trial Ncrdici, Not Guilty"

the Triai-vrrdci, " Not Guilty."
At the opening of the United states Dis
trict Court yesterday for the resumption Of the
woodruff & Clshin trial, every important
person connected with II was promptly In at
tendance. Assistant District Attorney Purdy
without preliminary remarks of any kind, had
his list OF witnesses called, and enough Of them
answering to satisfy him, he put Anthony Com
stock on the stand. Comstock has no J. In his
name. The records Of the court and the news
uapers credited him with the letter "a an initial
crroneously, and he embraced the opportunity
to have n correction made. He wished II dis
tinctly understood that his name was Anthony
Comstcck without al. When his sensitiveness
on this point lad been relieved he was sworn.
Assistant District Attorney Puriy-what Is your &C.
Department Of Tie General Goyernmeat. and nave heln
ehEised more than year IN Tue suppression Oi o.
o.-what is the package you hold in your hand? A.
| Postt once. ''''''
Mr. Purdy paused a few minutes before pro-
| pounding his next question, fumDlng law
| book meanwhile.
@ Did you receive that package in answer TO
| Mr. Brooke, prisoners counsel. objected to the
question, prOnounclug 1t Illegal IN many respects.
Judge Blatchford-The question is not proper one
Mr. puTdyOi vii WithdT1" ,he question aud take an.
ot,r course. Com.tcck, do you kGow the dciendantsP
.o.-Did You mail letter 20 woodruff a claain from
/ ln' pace you nave lhWcus tItthNlNh, NOhnF A.
| Q-Did your letter call for rcpy'
| TnE hest EvtDENCE.
Mr.. Brooke objected tina, the letter Itself was
the best evidence of ia contents; and until its
| loss or absence was accounted for, no other
evidence on that point was admissible. -,
Judge Blatchford ead the objection was well
| taken, and directed the witness not to answer.
| Mr. Purdy then asked the witness whether he
| had posted a letter to Woodruff S Clahin In
| ureenwch and was answered, Yes, sir, ON the
Mr pardy II 9ier 10 evidence copy Of that letter.
i"iiS M BScniorS objection is su.ained Mr.
yy q nS slow
g ils rs Io @ 20 zoe a % case S '9s sv. % @
sS aSy S Other and % We ~ must follow the rules Of evil
% z. e.er: s5%9n % T
We AZ p nov ne rnmrnceneni oT of ths If we re-
ssyd ron ihs nis5ici AiiGfnsy ao.SS 70 PT9qss
,ne fact ,na our cen,s haze 10 snIssdie or Tsssi
letter by Tie witness The deiendant', its con
SSsS 10 be goySd f . as rss1T YOU INNS.
trace ins letter 60 ee deeGe.H: Osc5s ,,sns sSSg'
You ougt TO have no difficulty 10 comply ing WITH we'll
Tnr PROSECUTIONS ISAniLiTY.
Mr. M yoST eSSso Ne d % the lei s Ice
f te q as g1sseI RIM! n !c.Po9;s 5 to IN circle
YOU can't proyc the letter by tns aa.S.t O rscA.se
5ou MSrd nav, 70 paSf I No, ine hy
pro.i ei tae sending o. letter to ,-e.,mr,,or -
law t. letter soes by due coSre Of mail 40 %hi
the defendants deuy any recollection Of this particular
Judge Ristciiord-The Court has nothing TO do with
sss The law Sl 'ss " business 10
Mr.. Purdy rubbed the left side Of his head a
MON, NJ aud started on new tack. He asked
the witness whether his letter to woodruff
CIann had been registered Cum,tocA said i
was. and rendered the Greenvio Postmas'er'S
receipt for II, and the return recent showing II
had been delivered. Mr. Purdy odered them in
Mr brooke Insisted that the counsel for the
defence had rirht To inspect tie D"'dt euis
ni-,. Having read them, all objection va " Ith-
drawn. and tsE,ttgE with 4 u fhs Letter
signed j. neaii.ley. .coUo n, i In bad Eus.- and
/ rurp ted to enclose Slj0 for copies 90 tne
H"pitnb q thtM " t,.'B containing
"rur ulE,uER-ufToN SCANDAL"
Mr.. PurtN tucu prop '-td 80 "hct 100 evidence
the uacha-e Of papers held ia tie haAos oI the
wltuc-s.
Mr. J rlan, associate, counsel for. prisoner.
noticed a rol from Nr. Burke, aud objected. He
had some uiiicu!,y iu ts. kih- tie t..tt Nhdcr-
stand The point lac wished 10 make. iud alter ie
had ~ oxen some time, Jddge BlAtchiorl did .
- '":"' 80 s"s dow" down, g. -, hard toch. Do YoG
the defendants are iuuicicd, other ohseeu"
rurliraiieus, aye too vague 20 descuhe Al
NJ. Jordan assen'ed, and proceeded to read
from Blackstone, kent- C'uu,ut iric-. Uh
Wheaton,, and other authorue- m sipi RI
# hiS pusition, which wd- thAt tue defendant r.
were not Indicted under any valid statute OF
the United states. In the. int place he con-
tended that the statute of ls,., under which
the defendants were Indicted. had becnlept,ded
hv Implication necause Consre's year later
passed an affirmative act which covered the
WAu,c subject OF obscene literature.
WHERE THE PROSECUTION TtttTp.
Judge BHtchford interrupted the coHr. cl,
! the statute under which the defeudaut, were
Indicted. but he held that under q special stat
/ ute OF l~,L which reversed the old doctrine a.
p L. the elect upon penGinE prosecutions Of the
repeat of nena statutes, the prosecution IN this
2 passed subsequent to the Gnd.ns OF the indict-
. ment, and the special statute named, he held
saved the prosecution from fllin. with the
Nr' Brooke a. this point iolncd in the discus
siIn. lie dld uot lhsist tuat the law was reveal,
. Cd hut that tine new statute On the subject ui
. ~rndms n..-c.ur iit,rlturc and article thro g
, the malls having Included papers" while n,
~ previous statutes omitted that " rd, at9rde
To- cunrl ..iVr reasoning us TO the meaning of tht
10 l"N-lu"n' '"nsr"Ns 'nlnHutu ne uruhpltou
p a-In~t obscene par cIs lutht IaieI Hcl because y
4 WIS conscious that th.t form oi uhscenuy wa
y. not prohibited 10y the ptiur acts. lie also elAbo
. rated the ptupOsitiun hat "uthcr publications,
I q. 1t was i-ed In the law ~ lS,2. too vag,,
= alhr1,c upon whicht9 base an indictment, an'
tntt it dld not cover the rIse uf a newspaper
= auI ,t , an opinion of Gen. b. L. Butler IN sUp
,, port OF bis opinion.
" urE nIArCHroRu's DECISION.
Mr. PurdN made spec b In reply T. The argU
mo't-, after which lld-c Bldtghfo.d delyero,
o.. au uvuion which disposed ut the case. ~
sud that he was Cntircly sWl~ucd me rru,tCu
tt,u could Not be maintained. and gave hi
e rcason~ at l"ur'h. The tr-t statute on the SUI
, + a. to punishment, were not materially alteret
-" hv the act Of ls,2. which preserved the SAM
'r sldcrad an oHpnrc. The tact that year late
al Congress renewed il legislation ON th,s sui
] l'tl. ana IN express WbFlH lN'llNtI Nut|u
"A "publicatlun" Is was content plated by the Ia
ii dictment was, to the mind II his Honor, con
-, ch~iv" on the inin that former lc-i,lat .io LA
y, not intended to include "lapers' under %
u. words "other puhhcatons.' An the statutn
y were fully reviewed 10y the JuG-e in deii' 'erin
80 his opinion.
10 ma PROSECUTION ABANDONED.
re After the Judge had CON 'ludvd, Nr Purl
asked leave to enter a n0ae iuw'Ytr vi
Brooke Objected, uud the Jud-e decided tui
II. the defendants werc entitled to a verdict. II
therefore instructed the jury that no te-'imuu
had been Presented hN the prosecution, ana
ne consequence they rsndercd a verdict Of n
he guilty. Tine court was adjourned, and Mr.
ed Woodruff and Miss Claiitn were instantly sui
., rounded hy friends anxious 20 Cun.ratuiNt
80 them. They We're also h..li-,uuthcred With boa
~ | qurfs. presented by those who thought that "a
"f | apprul rate manner Of expressing sympathy.
ne =
.l FINANCIIL AND CoMMEECI1L.
all FRIDAY, June 2;-P. M.-ThC Wall sire,
markets continued excessively dull, thuug