The New York herald., 1879-03-21
"CUPID'S YOKES.

CLOSE OF THE CoMsroCK-BENNErrC CAsE-TM
JURY LOCKED UP OVER NIGHT.
There was the same large crowd in attendance q
the opening Of the United States Circuit Court yes
tcrday at the continuation of the trial Of De Bogne
NJ. Bennett. for sending through the mail
book named "Cupid's Yokes." which is classed
by the government as prohibited matter.
Mr. Bennett brought with him o small bundle of
"Cupid's Yokes. and when the jury roll was called
q copy was handed TO each. and one was placed in
the hands Of Judge Benedict. Upon the table in
front Of counsel tho collection Of standard works,
from which It was intended to draw saving com.
parison. had been increased to quite library.
Mr. wakcman. IN summing up for the defence. read
passage after passage of the book. and contended
that person had q perfect right to advocate any
opinion. even to the abolition Of the marriage tie,
and wns responsible only to his conscience. His
client was arfssted f fos putting 10 tn .he maj, Doos
childhood, and which are in all complete libraries.
II hold in my hand" he said, "a copy Of Mon
tagnes Essays. by Hazlitt, from the Mercantile Li
brary. which illustrates the point have taken
Il don't care, said Judge Benedict; .'you may take
exception. YOu must confne yourself to the dis
cussion of the Objectionable passages"
In concluding his review OF the book Mr.. Wake
ss a es
by Judge Benedict. Counsel referred to the motives
of Mr.. Comstock.
The Court-De you argue that IL the jury and the
book obscene they must acquit the defendant be-
cause Mr.. Comstock was malicious?
Mr.. wakeman-No. Your Honor; but am pre-
senting to the jury the motives that inspired this
officer throughout this whole prosecution. Il
Ia not that Comstock himself believes the book
is obscene, but he makes 1t the prete1t of this
prosecution. II he had been sincere in his desire to
benefit public morals by suppressing this
book. Instead of being the direct means Of
advertising it from one end of the land
to the other-why did he not slip into Mr. Bennetts
place. seize every copy Of the book and destroy it ut
terly? Would not that have been the right, legal
and efectual way to accomplish his object? In con-
cuding counsel said that he could not conceive It
possible that the Jury would bring in verdict
against his client !.
'wHAr SORT OF A HEARTY"
District Attorney Fiero then addressed the jury.
He said that when they returned they would take
the book with them ana determine whether t
contained anything that should be- circulated
through the mail. what sort of o heart
has that man. said he, "who can deliberately
sit down and write book Of this character.
and what sort of heart can any man have who will
the mails? What sort of . heart does he think you
Aavo when he comes before you and asks you to say
that this is proper book TO be disseminated broad
Judge Benedict then proeeeaer-to charge the jury.
Having stated the statute under which the defendant
xas indicted. he said. Che question for you viii be.
and indecent character? Upon this point IL there 10
any reasonable doubt you will give the defendant the
benefit of it."
LOCKED UP TIKI MORNING.
In leaving the court room Judge Benedict gave in.
strucops to T. w. Shields. Clerk Of the Court. that
should the jury agree any time before eleven
ana he would return to New York and rs.
ceivc their verdict. Mr.. wakeman and
District Attorney Fiero remained in the building
until sitter midnight, when In answer TO note sent
by OF the Jurors to Judge Benedict's house. in
Brooklyn, by consent of counsel. the deputy mar
shals in charge (Holn,es. Deutert and Rysn) were
Jury to be detained until the opening Of Courr
this morning. at eleven O'Clock.