The New York herald., 1879-03-27
THE TRIAL OF MIR. D. M. BENNETT.
CARD FROM ONE OF THE JURORS.
NEW YORK. March "A. 1879.

CARD FROM ONE OF THE JURORS.
Nxw York. March "a. 1879.
To THE EDITOR OF THE HERALD
The newspaper reports of the trial Of Mr.. d. n.
Bennett for mailing ''cupid's Yokes' seem to make
few words of explanation my part necessary
For instance. the HERALD report ssys:-"Despite Of
all arguments OF eleven jurors Valentine con-
tnued for the acquittal Of tho prisoner but
seemed to tire of his confinement toward daylight,
and at haif-past six yesterday morning. when the
last ballot taken. voted for conviction" Now.
it is quite true that tired of confinement. and
that another juror extremely anxious to gst
home to sick wife; but it is that changed
my vote for those reasons. for felt sure that
would be discharged in few hours whether
changing my vote to enable some appeal to De
taken that the true meaning of the words "Obs
ton might be determined by some higher court. Alter
the jury retired for deliberation there was doubt
about the meaning of those words upon which the
whole hung We had been charged to follow
strictly and only the definitions of the Judge {Hon
Charles L. Benedict, and accordingly sent to him
for them and received them in these words. which
copied at the time lthe italics are mine):--
'The test of obcenity is whether the tendency of the
matter is TO deprave and corrupt the morals Of those
whose minds open to such influences and into
whose hands publication of this sort may fall.
".Lewd means tendency to excite lustful
Passages are indecent within the meaning OF the
statute il they contain oosccnity that is to say mat
ter having h0f fOm OF lndecency whicn ls cdtct0ted
TO promote the general corruption of morals
These definitions were so broad and uncertain that
1t seemed to me they might be used to condemn
very large and perhaps the larger part of the ltera
ture Of the country as well as the isclsted passages
that had been picked out in "Cupid's Yokes. say
isolated passages Tor the Court did not allow the
whole book to come in evidence before us. although
we each had copy of it in the jury ROOM felt,
and still feel, Jhat these definitions carry the stat
ute much further than Congress ever etntendcd or
fair application of it would warrant.
The pamphlet in question seems to me immoral
from ordinary point Of view. but not obsccneI
within the strict meaning of the staiufs. although
the ispated passages selected might, standing by
themselves come under the definitions of the Judge.
/ wished. therefore, to maintain the right of the
anthor MIR. ueywood, and of those who agree with
him. to differ from
Under these convictions l hesitated to do what
seemed act of wrong and injustice to Mr. Bennett
(of whom had no knowledge whatever). but could
not violate my oath disobey the instructions Of
the Court could only express my conviction by
withholding my concurrence Tor reasonable time
about fifteen hours; then gave it with protest
and as means to obtain less sweeping construc-
ton of this statute upon appeal or change OF it by
those who made it. Had the jurors been lett to con-
strue and apply it Mr. Bennett would have
been convicted. Yours very respectfully,
ALFRED A. VALENTINE,
No. 233 Broadway and No. 1lS East Eighteenth st.