Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-10-02
a JuDaE ON roLsrol.
The - HSreutzcr SOnRta'' Not OBJ
scene, SaJs Judge Fhayer-lG Has
M MnriL and L. NNLIInIII Ininrc.I.


scene, SaJs Judge Thayer-lG Ha,
Ne Merit ana Is WITHOUT EntcrcsIs
A decision YVES handed down yesterda,
by President Judge Thaysr OF the Ph,lR
delphia courts in the case of Charles
Arentzen and other peddlers Of "Kreutzal
Sonata" charged with ceiling obscene
literature in Philadelphia. The decision il
TO the eEsot that no offence against the
laws has boon committed, and the de.
PENDANTS were discharged. Among other
things the opinion states:
The defendants were bound over 10
this court, charged with the offence OF
selling and exposing for sale obscene
literature. The book which thew
were charged with selling is an
English translation OF Count Tolstoi's
'hreutzsr Sonata made by Fred
erick Lyster. The book ia a novel
possessing very little dramAtic interest or
literary merit. It's apparent object as
appears NOT only from its text, but from
the authors prsfaee, is to teach not only
that celibacy is better than marriage,
but that marriage itself is fall from
| pure and innocent state, is contrary to
the teachings of Christ aud inimieaI 10
mans highest aud best spiritual interests;
that the true ideal of Christian life is q
life OF celibacy and OF absolute perpetual
and unconditional confluence and chas.
tity.
1.-THE author candidly admits that his
conclusions against the innocence and
holiness of the marriage state we're not iii
his mind when he began &c write his
book, but were arrived VI in tue course
Of his reflections while the subject nad
the story were being developed under his
hand. Il had not, be says in his prefnce,
the falntcst preaantmsn, that tho tain
ing of thought l had startsd woaid lssd
ms whittier il did. was terrified nv my
own conclusion, and I was at first dig-
posed to reject ii, but it was impossible
not to harken to the voice Of my reason
and my conscience When reminded
that the dootcine inst he inculoates as q
Christian duty must, II universlly
adopted ana carried ont, necessarily re-
suit IN the extinction OF all human life
upoa the earth he admits in conclusion
aud accepts i with She same equauimty
with which he iassls upon the
doctrine. Nevertheless it Is overy-
whore apparent in the book that
watch hes brought the authors mind to
the absurd conclusion which he has
reached IS funaticlsr. not il vics, but OF
oysr-zaaloug virtus. II in his book he
has oonle ia the conclusion that marriage
is an impure and uuholy state Of life 1t
must be- adnlitted that ne daEounces lib
ertinism, ie1du93S and diss oluls LIE ia
terms still more severe. II he teaches
that the marriage state il fell from alb
solute purity and virtue ne at the same
tins mathematics libidinous life ard
all licentious practices. II he Opposes
marriage rs less pure and holy than
single life he at the sane time soourges
lust and debauchery with whip of
sooFpionB.
There is nothing in this book which |
can by any possibility be said TO CON-
mend hcentiousness, or to make it in any
respect attractive, or to tempt any one to |
its commission. On the contrary, all his
teachings paint lewdness and immortality |
III the most revolving oolors, nor is there
any obsesnity or indecenoy in the Ian
guaRe used, or In the story told, however
1t may offend refined taste. Il un-
doubtedly teaches the doctrine to which |
have already referred, viz: That cell
baoy is better than marriage, and n
higher and purer state of being, and that |
1t is the ideal OF a perfect Christian life,
to which all Christian men and women |
should aspire. This strikes us, of course, |
az being very absurd and ridiculous, and |
as being opposed alike to Christianity
and to the best interest Of eociety. It
may even seem to us to be the product 1
Of diseased mind; yet not good Ru-
thority.
"But q careful and critical reading of
the whole book has clearly convinced us
that it is not liable to the charge OF either |
obscenity or indecency. On the contrary, |
as we have already said, its whole pur-
pose and scope is TO denounce those vices
IN the severest manner. The fact chat |
the author ia discussing the question Of |
marriage has come to some silly ana very |
absurd conclusions, opposed alike to
what is ordinarily conceived 10 be the |
Christian doctrine on the subject and the
general opinion OF oil civilized societies |
throughout the world, does not make its
publication or sale q violation OF law. |
The work may be offensive to our opin-
ions and convictions, Just as others are |
which are daily sold Ia our book stores
without objection or challenge from any
body, but II cannot be Justly said 10 be
of an obscene or lswd character, nor is it
either in Its sentiments or language in
any degree calculated to minister to cor
rupt or licentious practices. or 10 crafty /
leWd desires or to encourage depravity ia
any form.
1.-THE court was reminded upon the
argument that the Gar of Russia and the
post-oftice ofiioisls of the United States
have condemned this book as an unlaw-
full publications that the former has pro-
hibited its sale within his 0ominions, and
the latter have forbidden its transmission
through the mails. Without disparaging
In any degree the respect due to thess
high officials within their respective
spheres, ! can only say that neither of
them has ever been recognized in this
country as binding authority on quos-
tions Of either law or literature"