The San Francisco call., 1896-04-03
The Jury Said to Have Decided
Against Warren E.
Price.
FOR SELLING INDECENT BOOKS.
On the First Ballot There Were Eleven
for OBSERVATION-DISCLOSURES
Issue Raised.

The trial of Warren E. Price on the
charge of transmitting obscene literature
| through the United States mails was con-
tinued before Judge Morrow in the United
States District Court yesterday. Ali the
evidence was submitted and the case went
toi..the jury, but the verdict will not be
known until Saturday. After being out
short time the jury returned for further
instructions, and later reported that an
agreement was improbable. Judge Nor
row inquired of the foreman how the Jury
stood, and was told that the ballots showed
eleven to one. Then he sent the jury
back, and said that sealed verdict could
be handed to the Marshal, in case an
agre ement was reached, and the report
could be made to the court on Saturday
morning.
The jury reached a verdict just before 6
o'clock. 1t is thought to be against the
defendant.
The case occupied the attention of the
court during the entire day, and much in
terest was taken in the proceedings. As
sistant District Attorney Slessinger ap-
peared for the prosecution and ATTORNEY
b. G. Haskell represented the defense. At
the outset the defense asked to have the
publishers of the Report cited for con-
| tempt for printing certain matter reflect
! ing on the accused and tending to preju.
dice the jury in the case. The motion,
however, was denied by the court, and
Postal Inspector Erwin was put on the
stand. He testified that he had learned
| that Price was sending obscene literature
through the mails, and in the performance
of his sworn duty he detected him and
had him arrested.
From the evidence it was shown that
Erwin sent Price decoy letter to his book
store at 1908 Market street and in return
for money order received some spicy
| reading through the mails. The letters
which he wrote Price and which were e.
ceived from the latter in reply were placed
in evidence. He admitted having had
conference with Frank Kane, president of
the Society for the Suppression OF Vice. re-
garding the Price matter, but decla red
that he had no prejudice against the pris-
oner and was solely concerned in the case
at issue in preventing any violation OF the
postal laws.
t. ]. Ford, G. S. Asmussen and W. W.
O'Neil, postal clerks, testified to having
seized the books sent by Price to Erwin
while in transit. Erwin had assumed the
name of "Schwartz" and represented him
sell as country dealer at resent City.
Mrs. Nj. V. Thomas, mother of the ac-
| cused, E. Levy, bookseller, Clerk Miller,
who works for Price, and the prisoner
him self were the witnesses for the defense.
Mrs. Thomas swore that she assisted at
the Market-street store, and if indecent
literature had been sold there she would
have known it. Miller and Price testified
to about the same effect. Price himself
entered vigorous denial against all the
charges made against him. and said that
Kane and the Catholics had conspired to
lished the a. 2. A. Magazine. He ad-.
mitted having answered the letters sent by
Schwartz" but denied that he had
mailed or caused to be mailed the obscene
books sent through the mails and sub
nlitted in evidence. He testified that he
had never sold vile and indecent litera-
ture to schoolgirls and children. He ad-
uitted that he sold "vulgar books but,
he added, "they are not indecent
Assistant District Attorney Slessinger
addressed the jury on behalf OF the Gov
eminent.
Attorney Haskell made an eloquent plea
for the accused. This prosecution" he
said, sis an attempt to railroad Price to
prison on account of his religion
Judge Morrow instructed the jury as to
the law In the case, and said that it had
been decided by the Supreme Court of the
United States that postal inspectors were
justified in sending decoy letters to detect
violations of the posta laws.