Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1879-04-03
Liberty Of tho Press and Freedom OF tho


The recent trial and conviction of D.
N. Bennett, New York editor, on q
charge of sending obscene literature
through the mails, has significance and
interest, especially for a newspaper man,
beyond this immediate case, and ire.
spective OF the fate Of the man who has
been found guilty on so grave charge.
Mr. Bennett, who is an old man of hith-
crto unblemlshed character, was arrested
on complaint of Anthony Comstock, agent
of the society for the suppression of vice,
and the specific offense was the selling
and sending through the mails to said
COmstOck, who wrote to him under a
ficticious name, a certain pamphlet en-.
titled "Cupid's Yokes," said to be dry
and philosophical discussion of the mar
rage question and the social relations of
the sexes, a turgid essay not addressed to
the young, the idle or the curious, and not
likely to interest or be read by these
classes if 1t were placed in their hands
The author OF the pamphlet, Mr.. E. H.
Haywood, was himself convicted Of 4
like offense in Massachusetts,, sentenced
to two years Imprisonment in DcdLam
Jail, and only lately pardoned by Pres
ident Hayes. In the case of Mr. Ben
nett eminent lawyers, physicians, cler.
gymen and literary men were placed upon
the witness stand to testify that in their
opinion the pamphlet was in no sense
obscene, but the presiding Judge would
not admit any such testimony Certain
passages were marked and put in evi.
dencc, and the jury were charged bv the
Judge TO base their verdict on these alone,
and would not permit counsel to read the
context in explanation. There arc many
passages in the Bible that would not
stand this test Of obscenity, but which
taken together with the context and the
sp,ri. in..which they were written, have
an entirely different complexion. 1t was
stated that the book was sold by the most
reputable booksellers in New York, In
GLIDING the Appletons, without moles-
tation by Anthony Comstock and his
society, and it is alleged that the per-
s,stent prosecution of Mr.. Bennett IS due
to the fact that lie is 4 Free Thinker
and the publisher of an Infdel paper
called The Truth Seeker. If this - true.
we desire most emphat,cally to protest
In tho name OF tree press, equal rights
and common justice, against this or any
other proceeding OF the kind which
savors Of persecution for opinions sake.
1t is unnecessary for US TO Stale that we
have no sympathy with intidelity, but as
we dem' n The right to think as We please
and advocate our opinions, 50 We must
acknowledge tile right OF others to do
the same. In this country man hns ,ha
same constitutional right to be an infidpl
that ne or another has to be christian,
and the cause of the Master will never
]igious persecution. The constitutional.
ity OF the law lobbied through congress
by COmst0ck and which makes him the |
censor of the peoples morality go fur as
mail matter ia concerned, is strongly |
questioned; but assuming tl.at that law |
Is valid. it should not he made the instru. |
ment TO persecute publisher for attack.
Ing christianity. Religion cannot: be
successfully propagated by law even
where the law warrants it, but if there
Is one principle that was more carefully
guarded than another by the founders of
our government it IL that of religious
freedom. 1t is claimed that Mr.. Bennett
mas not had fair and impartial trial, and
we cap conceive how both Judge and
Jury might, perhaps unconsciously. allow
their prejudices against q champion of
1n1delity to influence their action. Tie
case will probably go to a higher
court.