The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-06
d. w. BENNETT SENTENCED.
A hook May he Publicly sold but Not Sent
Thromgh the unIled stmte. MaIIs.

About two years ago L. X. Haywood OF
Massachusetts was convicted under n prosecu-
ton initiated by Anthony Comstock. OF sending
through the mails copy Of book called
"Cupid's Yoscs." The book purports to DO n
philosophical disquisition in favor OF tho aboll-
ton Of marriage laws. This conviction was
under the United States postal laws. Mr.. Hey
wood. having been pardoned by Mr. Hayes. has
been circulating and selling his book without
moestaton OF late. but not sending 1t through
tho mails. After Mr.. IIcywoods conviction
there was an arrest under tho law Of Massa-
chusctts. But the vender in that cuse WIS par-
doncd by the Governor. Last summer at tho
Convention of Liberals Mt Watkins Glen the
same book was sold and four persons were ar
rested undsr tho laws of Now YORK. These
Tiiton. and George Mosher
In December last Anthony Comstock wrote
DOGGY letter to ID. NJ. Bennett. and one Of tho
books was sent by mail In response. Bennett
was thcreupnn arrested He was convicted be-
fore. Judge Benedict after n vigorous defence
very strongly against Bennett but. upon re-
view OF the case before Judges Benedict. BlHtch-
ford and Choatc. all the rulings were sus-
tanned. Among them were some peculiar
decisions. The jury were instructed that they
We're not to consider the general scope and pur-
pose OF the book. but must find their verdict on
particular passages pointed out by the District
Attorney. The defence was not permitted TO
show that the book was sold by reputable book
book trade. II is not an immoral book. The de-
fence WIS not permitted to quote from standard
literature to show that the book complained Of
Is not more Objectionable than many in tho
large libraries. All these rulings were sus-
tanned by the three Judges.
Yesterday WAS set apnrt for tho sentence OF
Bennett and he appeared In court attended by
his wife and some OF her friends A. II. Raw
son. aud others.
Mr.. Wakeman made an appeal for post
ponement OF the sentence until the October
term oil me supreme Court Of the United States.
as ne could not obtain writ Of habeas corpus
until that time.
District Attorney Fiero replied that he had
fully considered the case in all its bearings and
was satisfied that a writ could not be obtained
that would relieve Mr.. Bennett All the points
decided against him were the District ATTORNEY
believed. in accordance with the law. He was
glad that the Court had settled the right Of
ordering sealed verdict. and that the decisions
OF the three Judges had sustained the rulings
OF Judge Benedict. He could not consent to
any pOstponement OF sentence
Judge Benedict said that he was satisfied that
the Supreme Court OF ths United States would
not grant writ Of habeas corpus on any ground
raised by the defence. The Judge was about to
pronounce sentence. but Bennett said he de-
sired TO speak.
Judge Benedict said that he could not hear
the prisoner. US he had been fully heard by
counsel. His Honor then passed sentence OF
thirteen months Imprisonment and a fine OF
prisOnmnnt and fine OF $500.
District Attorney Fiero consented that tho
prisoner should have time to arrange his husi-
ness before he starts for the Albany peniten-
tiary. The prisoners friends predict pardon
within ten days.