The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-11

letter was mailed IN TINS envelope tproducnS
One) also received this IA bundle ofpapers, con-
sisting OF copies OF woodruff q Clqdtra's weekly);
received this letter on the 9Th Of January !the
and contained a statement OF the terms upon
which they would supply their paper for sale; tney
could be had at an advanced rate).
Counsel for defendants objected to the letter as
fmmaterial and as not In any way connected WIZ
The Commissioner admitted the letter in EVIL
dence.-
Counsel for defendants excepted
Comstock-I received that letter In an envelope;
also received this package OF twelve papers;
c ne receipt tar e 10
n ClaAln; also produce the receipt that WOodnuli
Claim gave the Postmaster for that letter.
CrOss-eXamned by Mr.. HOwe-I made the am
davit on which the defendants were arrested at my
own solicitation; consulted with the District At
torney and the Commissioner abont the AFFIDAVIT.
1 sd not not: you consult WIN @f 0n''i' A'0D' ''
Mr.. Purdy here nterposed an objection to this
MIR. Howe said he would show that this was
CONSPIRACY TO PUT TWO WOMEN IN JAIL:
He contended that II they suppressed the delend-
ants paper they would have to suppress
and the works Of shaksreare snS Lord Bvron He
was going to show what kind Of man comstock
was.
Mr.. Purdy observed that the case was not con-
INTEREST OF ANY PRIVATE INDIVIDUAL.
eress mad been Violated by the Defendants by send
ing obscene literature through the mails. Counsel
might II he pleased, attack the credbillty OF Com
stock, bat 1t was not proper to put to him ques
lions as to who he had talked with about the case.
He might be asked what he had said to particular
persons about it. lie mr. Pardy denied that this
was conspiracy to Cypress any one; he simply de-
sired 20 have the case brought before the court on
LEGAL EVIDENCE.
Mr.. Howe replied that tho publication In ques-
ton referred to persons named
BEEcHER AND CHALLIs,
and II he could show that the Witness was lnstl-
gated by those persons, who dared not come Tor
ward to defend themselves, to make this charge
against the defendants, 1t would be competent for
The cross examination Of Comstock was then
continued:-l was in the empOyment OF Cochrane,
MCLEAN Il Co. ); now sell dry goods on commits
SION was told the other day BY one of the Dis
trict Attorneys that you tMr. Howe said |
that you would prove it, l have not been impris-
oned for selling obscene literature and never was
On in s naVe supoed e
with funds to compensate me for the loss Of my
time given to this business; this money came
have been engaged in fifty prosecutions OF this
kind; received about the sum OF fourteen hun
hundred or sine hundred dollars, and the balaace
reimburses nae for the time lost in this business.
The witness was then asked to point out pas
sage in the paper in question which he could say
was obscene.
Mr. Purdy objected to that question. which was
| for the Commissioner to determine. Finally the
witness was allowed to state that the passage re-
| ferrng to Mr.. Challis was obscene
| COmstOck continued to say that he did not know
OF his own knowledge that Woodruff Il Claim ha
mailed the papers; he only swore to it in the aG
davlt on information and belief; nc received then
through the mail, and the pOstman at Greenwich
| told him that the package had come through the
mail; the package came agreeably TO those letters
| he did not know their handwriting, and he could
not say that the letter produced was In their hand
| Mr. Howe opened the Book OF Deuteronomy in
the Holy Bible, and, reading passage from it,
asked the witness If 1t was obscene.
The witness replied that he did not believe IL was.
He was questioned as to the works OF Lord Byron,
Shakespeare and Fielding, and as TO whether he
| was a man OF literary turn OF mind. Further he
| was asked what was the meaning of the word lob
scene" and he replied 1t was picture or
and decency. It did not necessarily follow that re-
pulsive to refinement was Obscentty. The papers
tnat witness received from the Postmaster at
suming that name lie had passed under the
Mr.. Purdy offered to prove that the receipt Tor
the registered letter was written by Colonel Blood,
and that that letter was delivered to Miss Clalin
In the presence of other defendant
The defendants counsel admitted this.
The government here rested their case.
Mr.. Howe then addressed the Commissioner on
| behalf OF the defendants.
The Commissioner said he thought there was
enough In the case to put the accused upon their
| defence.
Mr.. Howe proposed to have Mrs. Woodruff
| sworn on her own behalf to negative the state
| ment that she had mailed those papers.
| Mr.. Purdy objected on the ground that such a
course would be opposed to the practice of the
Commissioner Davenport refused to accede to
the proposition he said this was his invariable
rule A bill had been brought into Congress to es-
tablsh such practice; II had passed one House,
but was rejected in the other
Mr.. Purdy hoped the defendants would take this
question up to the Courts, so as to get an authOr
tative decision upon 1t.
Mr.. Howe offered to introduce Colonel Blood as a
witness for Mrs. woodruff.
Mr.. Purdy-They are charged Jointly and cannot
be examined as witnesses for each other.
The Commissioner ruled out the ofer and de-
fendantS counsel excepted
The same offer was made for Mrs. Woodruff to be
sworn as q witness for Blood.
Mr.. Purdy objected on the ground that the par
ties were married.
Mr.. Howe contradicted this statement.
Mr.. Purdy-Counsel stated yesterday that they
were married.
The Commissioner ruled out the Offer
Alter discussion on the question OF ball.
Mr.. Purdy claimed that as Mrs. woodruff had
already shown contempt for the law by again vio-
latng it, although at present under Indictment,
she should be held in a bond conditioned not again
to treat the laws of the United States lightly.
MRS. Woodruff SPEAKS.
Mrs. WoOdhull, addressing the Commissioner,
said she did not expect any friendly feeling from
the Court With regard to bail, she could not find
bail that was excessive. She had heard from her
friends and from her foes that she was not going
to be bailed that she must 60 through every annoy
ance that everything would he done to keep her out
OF giving bail. She already under heavy bonds
to the extent OF $64 000 in this malicious prOsecu
ton; $4,000 bail now would be excessive. They
thing ABOUT the morals of the United states, but
because he wanted to suppress Woodruff and Olaf
lin. They could not Nil her. She had been held
up to to the public as
A CHARLATAN AND PROSTITUTE
by people who said they would hound her to death,
and that her bondsmcn would be annoyed in every
way.
MIR. Purdy wished to be understood that this
prosecution was not carried on by any outside par
ties. He had seen no person about 1t but CON-
stock. Mrs. woodruff did not come into Court
with clean hands, for she had already violated the
law and was under indictment for it, She had
been guilty OF a contempt OF the law. Bail should
be fixed at such an amount as would teach her that
1t was no light thing to violate the law OF the United
States
Alter some remarks from Mr.. Jourdan
The Comm issoncr fixed the bail Tor Mrs Woodruff
at $4,000, after which the further examination of
the case was adjourned till to-day.
The Blood Case in the Oyer and Ter
miner.