The New York herald., 1879-03-20
"cUPID's YoKEs. {"
TEIAL OF DE BoIGNE N. Observation-Disclosures
FOR THE DEFENCE-ARGUMENT OF COUNSEL.

TRIAL OF DE BoIGNE N. Observation-Disclosures
FOR THE DEFENcE--ARGUMENT OF COUNSEL.
standing room only could very properly have
been placarded on the doors of the United States
Circuit Court yesterday morning the second day of
the trial of DO Boigne NJ. Bennett under an indict-
ment charging him with sending prohibited matter
through the mail. When Judge Benedict took his
seat the marshas cleared the space inside the rail of
all excepting those who had fortunately secured
chairs, and as order restored the case
was continued.
Mr.. Fiero counsel for the government, said that
he had other evidence to offer for the prosecu-
tion; and after stating that he had marked in the
book. "Cupids Yokes." the passages upon which he
should argue the case closed the for the govern
ment.
Mr.. Wakeman then proceeded to make his opening
for the defence He said that this case bordered upon
the edge Of the liberties of al-the liberty of the
press we'll the liberty of the people at large.
For these all-sufhcent reasons it matter of the
deepest to all that this trial should be fairly
conducted and the result arrived at which right and
justice demanded. The defendant in this is q
quiet. peaceable citizen who has lived in this city
many years. and is known to great many people. He
has lived for the last thirty years in the enjoyment of
domesti happiness with the wife Of his choice. And
how does he stand heres He stands charged with an
offence that, if proved against him. might consign
him to the penitentisry for term OF ten years
and strip him of all his property. He is here
on an indictment under the statute for
the suppression of obscene literature. With
gard to this statute there may be q diversity
of opinion as to the propricy of it's legislation But
the Legislature made the law and under the society
had been incorporated. He could not find fault with
that society il it kept within its proper functions.
But il has made mistakes, through its accredited
agent-no doubt through the exuberance of an hon.
zeal of what he considered the performances of his
duty. That mistake was never more palpable than
in the present instance The counsel then proceeded
to call the witnesses for the defence.
TESTIMONY.
John w. Bouton. bookseller, of Broadway, was the
first witness sworn.
.Is it custom in the book trade to classify works
according to their character?' asked Mr.. Wakeman.
1t ruled out by Judge Benedict.
according to your knowledge Of the trade what
is the character Of this book Cupid's YokesY con-
tinued Mr.. Wakeman.
..Ruled out" said Judge Benedict.
Il ask you whether this book is, in your judg-
ment. obscene in 6ts character" reiterated Mr..
Wakeman.
The Court with emphasis. II rule that out"
The next witness was the Rey. o. b. rockingham
He examined by Mr.. Wakeman.
Q. Are you in your occupation engaged in the
study of books on science, literature and art? A.
Q. Have you studied the meaning of words and
their classification. and books and their classidca
ton? A. have.
Q. Have You read the. book in controversy here9
A. have.
ment, obscene in its character?
II rule that out" said Judge Benedict.
Are able to % ss an tns r n
books on sociology? A. think am.
Mr. wakeman-1 propose to show by this witness.
Your Honor, that this is not an obscene book.
The Court-I hardly think will allow that
Mr.. Wakeman, soto vOce-Hardly ever.
HIS OWN BEHALF
Tho defendanf De Boipne NJ Bennett. then
called to testify in his own behalf. but Mr.. Wake
man met with little moro success in the questions
"In reference to this particular book, asked Mr..
wakeman. chow long has it been for sale?"
'.Objected to- said District Attorney Fiero
81 want to show that is not recent matter" said
Mr.. Wakeman.
IL do not the materially" said Judge Bene-
dict; "you may take an exception
The same objection and ruling met each of the
following questions which were put to the witness
and exceptions taken Has this book been within
the reach of all who asked for it? Have you fur
nished the book to the trade In this city? Has it
not been purchased by booksellers and newsdealers
from Mr.. Appleton down? Indicate, if you can, the
class that call for this publication. We're you
rested on former occasion on u like offence for
selling particular publication? Have you
sold given away or used or road any obscene
books knowingly What was yosr motive in the the
book was it with knowledge on your part that it
"Have you ever been charged with any offence
other than those preferred by Anthony ComstockT
asked Mr.. Wakenan.
1--WE admit that he is gentleman of general good
character" interrupted Mr.. Fiero.
Mr. Wakeman then offered in evidence printed
letter. written by Elizur Wright, of Boston, and in
dorsed by one thousand others. among them Mr..
Bennett i'll which it held that in the publication
Of the book there had been nraction Of the law,
but in which the sgners stated that they did not
agree with all the opinions expressed This also
ruled out as immaterial.
recess was then taken.
AFTER RECESS
After brief consultation between Mr.. Wakeman
and his client. Bennett and Elizur Wright, Ut the
rear of the court room Mr.. wakeman took his stand
in front Of the bench and called Charles Mccarthy,
who testified he q storekeeper LII this city for
the last twenty years knew the defendant for four
teen years; knew that his general character was
good. Charles Winterburn the next witness, agreed
with him.
AS Mr.. wakeman called another witness rs to
character the prosecution admitted the general good
character of the defendant.
The Court-We must limit this.
Mr.. Wakeman-One more witness only.
Henry II. Stone called and said he had always
found Mr. Bennett to be honest and patriotic free
This closed the examination OF witnesses for the
defence
READING "cUpID's YoKEs."
Mr.. Wakeman then saidx-"Your Honor we have
arrived at that stage Of this trial when it becomes
necessary to present to the jury the book dis
cussing. will ask Your Honor to allow me to read
character of the book"
The Court-I understand the District Attorney has
the statute. no the District Attorncy-Is that so?
District Attorney-That is so. have stated to
counsel
The Court understand it is not claimed by the
government that any portion of the book but those
parts marked bring it within the scope Of tho
statute.
The District Attorney-I am willing to confine my
self to that.
Mr. wakeman--Your Honor cannot well eliminate
from the context particular sentences and ask the
jury to rest upon that.
The Court. as in the previous urged by coun-
sci. excluded all but the marked passages.
The Court was then adjourned till eleven o'clock
this morning.
THE. HALTER IN COLORADO.