The New York herald., 1879-03-19
"CUPID'S YOKES."

"CUPID'S YOKES."
TRIAL OF DEBoRGNE NJ. BENNETT-FREE THINK
ERs AND THEIR OPPONENTS IN COURT.
| The case OF the United States against DeBorgne NJ
Bennett indicted III the United States Circuit Court
upon a charge of sending prohibited matter through
the mail called for trial yesterday afternoon be-
fore Judge Benedict. Bennett is recognized the
editor and publisher of paper circulated in this city
known the Truth Seeker an exponent of the opin-
ions Of the freethinkers and also the publisher of
many books and pamphlets of similar purport.
This is the second prosecution brought against him.
but in the first instance. though arrest and seiz-
| ure made upon charge of publishing OBJ
scene pamphlet, the Grand Jury failed to return
indictment. The present indictment is for mailing
| pamphlet called .'Cupid's Yokes." which, it is
claimed by the government, classed among prohb-
tied matter L. II. Haywood, the author of the work
in question. indicted and convicted Boston for
its publication but aferward pardoned by Presi
dent Hayes.
The trial attracted q singular audience to the
court room yesterday afternoon. prominent among
them being the following REV. o. b. rockingham.
| DR.. E. B. Foote. Jr. 4. II. Haywood and wife, of
| Boston, accompanied by ladies': Elizur Wright and
Alfred E. Giles of Boston Ingersoll Lockwood. DR..
| NJ L. Holbrook. Andrew Jackson DAVIS. the Spirit
ualist, and others. The accused represented
| by Abram and 4. B. Wakeman. A large array of
standard books arranged before them gave an
idea that the intention OF the defence to prove
| that there many subjects treated Of therein
! more immoral in their TONE and therefore
worthy of suppression than 'Cupids Yokes."
Among thein with passages marked. we're copies of
| Shakespeare, Byron, Boccaccio's Decameron 1.-THE
Queen versus Charles Bradlaugh and Annie Besant,"
''Dron Stories from the Abbeys Of Tourraine.' by
| Bazac; ''Leaves Of Grass" by whitman; '.Queen
Nab" by Percy Shelley; 'The Relations of the
Sexes" by L. T. Duifey. and numerous pamphlets
written and circulated by the defendant. The prose-
cution WAS represented by Assistant District Attor
| ney Fiero.
| SELECTING JURY.
great deal Of time occupied in the selection
Of the jurors each called being questioned az
| follows by Mr.. Wakeman:-Are you member Of the
Society for the Suppression of Vice? Have you been
or are you contributor OF money or funds for its
| support? Are you acquainted with you
terms Of friendship with Anthony Comstock, and
have you had business relations with him? Have
you read or heard read the pamphlet called
"Cupid's Yokes or heard or its doctrines dis
cussed? Have you heard it talked about? Assuming
| the doctrines principles of the pamphlets to
be In your opinion erroneous you under the in
fuence any special or religious views or opinions
| which will tend to prevent your acting impartially
as juror? Assuming that the defendant be ''free
thinker. and unbeliever in the Chrison religion.
you under the influence Of any religious view
preiudices which will tend to prevent your acting
| impartially Juror? If he is an infdel you
were Christian? Do you know you
acquainted with or have you read paper published
in New York known us the Truth Seeker? If SO,
its doctrines, opinions and teachings different
repugnant to your own as to cause you to feel un-
friendly or unkindly toward its publishers Do you
social prejudices religious connections which will
in any degree prevent your acting as juror with abb
OF the jurors called three peremptorily chal-
lcnged by the defence and one by the government.
A number Of others excused by both counsel
and the following jury was finally sworn very
ceptable to both the prosecution and defence Ham
Arthur. Tracy Colt Homer Baldwin. Harvey Spencer.
Robert S. Laqueer Albert NJ. smith, Alfred A. Valen-
tine, Charles bay and Samuel NJ. Lederer.
OPENING THE CASE.
The opening of District Attorney Fiero was very
brief. He stated that the indictment found
under section 3S93 Of the United States Statutes at
Large which made 1t nlisdemeauor to place in the
mail any publication OF an indecent character, or
the same, and providing punishment. in event of
conviction, of fine of from 500 to 5000, nprs
in the discretion of the Judge. He said that the
constutionality Of the law had been settled in the
highest court of the land and Congress had done all
in its power to prevent the dissemination of this
class OF literature. After stating the circumstances
under which the indictment was found. in conclu-
sion he said with emphasis, that this was prose-
cution by the government TOR misdemeanor. and not
in any sense u religious or sectaran persecution.
Anthony Comstock. special agent Of the Society
for the Suppression of Vice. also special agent Of
the Post Office Department, was the first witness
called tor the prosecas9n. ne TESTIFIED tnat letter
of G. Bracket, box 202 Granville N. Y, enclosing
So 50 and an order for several books. among them
"Cupid's Yokes;" the letter was registered this
city, and was rccepted for by Bennett; by return
mail he received the books ordered. The letter
! read by Mr.. Fiero. II expressed sympathy with
the views Of the publisher, and desire to contribute
his mite toward his assistance. stating that the
amount enclosed was all the writer could spare at
the time and asking return in certain books. This
letter. the registered receipts and the book in ques-
ton were then offered in evidence.
CoNsroCK cRoss-ExAMINED.
Upon cross-examnation by Mr.. Wakeman Mr..
Comstock said that he had known Bennett tor over
year, and had arrested him once before for mailing
| q pamphlet called How do Marsupal Animals
Propagate their Kind?" He had also known OF him
the editor of the Truth Seeker. In regard to tho
letter sent to Bennett. and which Mr. Comstock de-
| nominated q test" and not "decoy'' letter, he
said that he sent to the special agent at Granville,
| and by return mail received envelope duly
| stamped ut that post Office. He then enclosed the
| official order then sent to the Postmaster at
Granville to return all matter sent to the address
and box there to the special agent in this city. Mr..
| Comstock denied that he prompted in this
prosecution by any anmus against the accused, and
| had never made any threats against him.
Various copies OF the Truth Seeker. advertising the
"Cupids Yokes for sale at fifteen cents copy, and
Offering to mail it to any address. Anthony Com
stock or anybody else Notwithstanding publishing
the letter from Granville. and stating that the books
had been mailed. and still later copy, remarking the
imposition that had been perpetrxted the editor.
were offered in evidence
At this stage tho further trial postponed until
this morning. at eleven o'clock. The trial will prob
bably occupy several days, 1t IS understood that
large number of witnesses will be called for the de-
fence; among them, and many OF whom were in at
Joseph Sabine j. w. Bouton. DIR. +. B. Foote, Pro-
lessor Alexander Wilder. Professor A. L. Rawson,
Theron c. Leland, Andrew Jackson Davis and Charles
Sutherland.