New-York tribune., 1888-03-24
AGAINST THE KNOEDLERS.
JUSTICE KILBRETH ON THE NUDE IN ART.
rurRrY-sEvHN PICTURES SEIZED

OUT OF THIRrY-sEvEN PICTURES SEIZED HE DE-
cIDEs THAT TWO ARE IMMORAL
The case brought at the instance Of Anthony Com
stock the agent Of the Society for the Suppression
Of Vice, against NJ. Knoeder Co., the finh-ave
art deaIe after having dropped out of tho public
sight 80 long rife that II wouia DO
heard of no more came up In the Tombs Police court
again yesterday, when Justice Kilbreth sittihg IN
Special Sessions, handed down written decision Oh IT,
Knoedler g. Co. are charged with selling and having
for sale obscene photographs and engravinSs ih'FS
seven pictures In particular were seeciod by tho COM
painant violating tho statute, ana sezeu' iho
defendants admitted the possession and sale as charged
but contended that the pictures were not WITHIN 'ho
meaning or contemplation OF the statute relating 10
tho sale OF obscene prints and pictures. All OF the
pictures seized were copies of paintings by foreign
artists of acknowledged merit and reputation anu
some OF the original paintings we're exhibited In the
Paris Salon and in the Centennial Exposition at
Philadelphia. At O'Clock Frederic H. Coudert, the
def ndants' lawyer entered the court room with his
clients. Mr. ComstCc tarrled, and this gave an "l'-
portunty for ttle fash Of wit to those wh,m he was
delaying
ave are waiting for Mr.. Comsock, the peoples
Witness Mr.. Coadcrt," said Justice KIlbreth.
"Im not surprised at that" returned Mr. Coudert,
"as ever since tho time of the ancents Justice has
had lamo foot |"
When Mr. Comstock at last arrived, his honor said
that careful examination he had found only two
Objectionable pictures amCrg the thirty seven sub
mitted to him, and those two he would hold the do
fcndants for trial.
POINTS IN THE DECISION.
Tho principal parts Of his decision are given hero
with.
The question raisei Is purely Of and only
De determined by Inspection OF the pictures II any OF
these are In fact obscene indecent the defendants are
clearly liable though they believe the time of sale
or keeping for sae that the pictures uno0consble
character An innocent Intent upon their part cannot
| in prosecution of this kind avail q defence.
The legal and definitions obsceniy and indeceney
as applied pictures and prints have been laid down In
series of cases running back for number Of years In
the celebrated OF Regina Hckn, E. l.. %. b.
3G9 the test declared to be whether the tendency
OF the matter charged obsceny is derave and corrupt
those whose minds open to such immoral influences,
and into whose hands publication of this sort fall"
This language has been cited with approval In later
and adopted the proper be applied With the
aid Of the clear Interpretation given by the courts little
difficulty can ordinarily be experienced In detecting OBJ
scenity or lewdness in picture If 1T exists
The proprety OF the nude in has been subject Of
contention which has disclosed wide divergence Of views
attributable mainly TO differences In individual impressions
1t Is no longer however open question Public senti
ment recognizes that the artistic Of nude forms Is
not inconsistent with chase ideas and purposes and
this sentiment is encouraged and supported by the highest
legal authority In the State 1t is evident that nero
nudity in painting sculpture is not obscenity. Some
OF tho great works In painting and sculpture, all know
represent nude human forms 1t is false decacy which
would condemn and Danish from sight all such objects as
obscene simply account OF their nudity Court Of
Appeals In the People Muller 90 N. Y, All. In the
the after quoting the doctrine laid down
Regina Hickn propose further test which will great
ly aid in reaching conclusion In doubtful dsput
ed cases They sny We think It would also be proper
test OF obsceny In painting whether the motive
OF the painting statue 10 speak, indicated by it IL
pure impure whether 10 is naturally calculated to
cite in spectator impure imaglnations and whether the
other incidents and qualities, however attractive, are
merely this as the primary main purposes
| OF the represeDtstion.' Id AL
THE TWO OBJECTIONABLE PAINTINGS.
sons VI the p,cturss psesens rep
resent wsknown historical 5oea cnaracssrs sOme
illustrate fable and others their indicate.
representative OF ideal subjects of innocent actions.
The main purpose OF the design In most Of them obvious
y to exhibit the symmetry OF the female form and the
graceful attitudes which that form The pic
may generally DO said pure motive and not
necessarily naturally calculated to excite In spectator
| impure magnauons
Judged by the established tests they appear with two
exceptions to be free from the an Of obsceniy or other
offensive quality and not affected by tho Inhibition OF the
statute Tho exceptions called respectively Rola"
and heures Breda Street." clearly seem to
come within description of ewd and immoral pictures
The motive each picture impure and the situations ~
well titles and texts explanatory Of the scenes are
suggestive OF impure thoughts only 1t does not seem
possible that any good purpose be effected by their
hibton sale that they DO viewed without ex-
citing lewd and impure thoughts In the mind Of the spect
these Two pictures there sunclcnt cAus
70 believe the defendants guilty OF the offence charged and
they WILL therefore, be required to furnish bail In tho sun
Of $500 each the charge So far concerns the
other pictures charge Is dismissed and those taken
under search warrant except the Roa" viii be 70
stored to the defendants
Tho defendants renewed their bonds.
CLAIMING OVER SIX MILLION DOLLARS
Argument was heard by Justice o'Brien IN th'
Supreme Court, Chambers yesterday on tho matte
of tho application for receiver and an accounting u
regard to the affairs Of the Fort SCOTT, wichita ant
Western Railroad Company. The plaintiff In the sul
is John s. stanton, who charges the Defendants, Ja
Gould, George j. Could Russell Sage and others oon
reoted with tho managemcnt Of tho Missouri Pacin
Railroad with fraud and colluson In inducing IN
stoc ckholders OF the Wichita Company to sell thei
stock and allow their road to become united TO IN
Missouri Pacific corporation. The claim is 10
s00i4s ss5 50 alleged to have been lost by this trans
acilon Ex.Judse Lucien C. BiIdssye reptrssenIsss =
the plaintiff and ex-Judge John Dillon and Wncoio
ii. Peckham appeared for the defendants. Aner Prs
senting their arguments they were allowed until MOI
day to hand In their papers
Ex.IUpGE HILTON GETS VERDICT
|