The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-06
UNITED STATES CIRCUIT COURT.
Charge OF Sending an Indecent Articl
Through the Mail.

Cnorge OF Sending an Indecent Article
Through the Mail.
Before Judge Benedict and Jury.
Joseph Kendall was put his trial yesterday an
indictment charging with having for warded through
the mails an article designed ana adapted for i'm
moral and indecent purpose This tried before
and resulted In disagreement Of the jury A. H. Purdy,
United States Assistant Attorney prosecuted
and A. Il. b. Dawson appeared counsel for the
defendant As the jury being sworn counsel for
defendant asked some Of them if they members
the Young Mems Christian Association, they said
they were not young called to the jury box
to be sworn and counsel tor defendant spoke him in
Judge Benedict-what is the communication just made
vJaror-oouqsel has asked me if am member Of the
Goanse or Object to the juror because he
ns member Of the HSoq1g Christian
under the auspices of that association Ichaenge the
Judge Benedct-I reject the juror on that chal
Counsel for defendant-rhen 1 challenge the juror
fhe juror was ordered to stand asde and full jury
having been sworn, the trial proceeded with The
Tss Of ri ~ se AsSny
the District Attorney ssd that he had
sayre and other medical men, whom he had sabpanaed.
Dr. and p 81 syf
moved for attachments against them which the Court
Counsel for defendant said he might probably, have
his 9s s
ne the the ought to have
to- e. ssd s s
take any advantage OF this technical point and went
right with the defence with leave the District
torney TO examine his witnesses if they should come
Counsel claimed that his client highly respectable
man and called medical witnesses that the ar
moral purpose.
The Court and jury having waited for considerable
time DR.. Willard Parker made his appearance under
the attachment and testified that his Judgment the
that day at two O'clock he might therefore say
that he had been arrested under the attach
ment Laughter)
The summing up of counsel having been concluded,
Judge Benedict charged tine jury who after consulta
prisoner was remanded tor sentence:
While the jury out in the above DR.. Sayre
before the Court under the attachment issued
Mr.. Furdy said he did not wish to move for any
penalty against the Doctor But he asked that the Court
would recall the jury and take Dr. sayre's testimony.
Dr. Sayre said he desired to make word of explana
ton At the time he called upon by the Marshal to
appear he actually engaged In attendance upon
the until had attended the cases. Where his
presence was absolutely necessary The Marshal
cases and had acted towards hmswthhe greatest cour
esy and consideration WITTY respect to the attendance
OF doctors as witnesses he had suggestion to make
and It was hsthat would be Of the greatest import
testimony to be taken, in like the present. by
uission not to interfere with xheir time when at
tending to matters that required all their and
Judge Benedict said it was important that medical
men, like other witnesses should give their evidence in
Court when called upon to do
After further discussion Dr. Sayre withdrew, To-
cosely remarking, II suppose am at liberty CO."
The Court adjourned tilt this morning.