New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-08-21
ANTHONY COMSTOCK CRITICISED.
COUNSEL FOR MR. RICHMOND. THE BOOK
PUBLISHER, SAYS HE IS BEING
PROSECUTED MAIICIOUSLY.

James VI. Fisk, counsel for George H. Richmond
sr the publisher OF DAnnunzio's Irlumph Oh
Death" has submitted brief to United states
Commissioner Shields before whom Mr. Richmohu
was afralgned July q, charged by Anthony
Comstock with sending 'obscene. immoral ana I'M
proper" literature through the mails
The brief Is defence OF the book and an arralsn-
rncnt Of Anthony Comstock II declares that Rlch-
mond was arrested for publishing the DOCK IN
March 1897, and that Richmond was discharged
mo stupid accusation tumbling down anna UNI
yersal laughter" and that Comstock. singing I'm
der defeat publicly declared that he was not
through ye,' with Richmond The brief calls at
tention 10 Comstock's alleged threat to nave JUS
tice O'Bren mpeached tor his decision IN the cei-
ebratcd Worthington case in which the Judge ruieu
that ''t is very difficult TO see upon what theory
such renowned works as The Arabian Nights
Tom Jones' Rabelais.' Ovids Art OF Love- ne
Decamcron.' The Heptameron.' Rousseaus con
fcss,ous' Tales from the Arabic and similar
works can be regarded as specimens OF porno-
graphic literature, or how they can come uhder
any stronger condemnation than that hgh-claSs
literature which consists OF the WORKS OF SHANE
s,o.ro aud Cbaucar without making reference
70 many paris OF the Old Testament Scriptures.
To condemn n standard literary work because
~ n few Of lis episodes would compel the exclu-
sion from circulation of very large proportion Oh
the works OF fiction Of the most FAMOUS I'e'ilu''
- tho English language" The brief declares that
Comstock poses a critic Of the courts, as we"
az Of the character Of books that are written nv
reputable authors. published by weH-Kho"n per
sons printed by DISTINGUISHED gentlemen, sold by
all leading booksellers and read by the best classes
Of the community.
Attention Is also called to the fact that the
charge made against Richmond In the federa
Courts is similar 10 the one made IN tho court
Of Special Sessions and that the book the al'-
thar the publishers the printers. the leading BOOK
pde .fr readers innocent
Ignorant of the fact that they have un"'tuns.y
been reading-in Comstock's estimauon-an 'pr
The T Fiji OF Death is obscene. then the fol
lowing. TOO should 10 tondeilheu -A,l % a..
SCOTS Heart Of Midlothian. Dumas Ihree
Guardsmen." Fliots Adam + &C. Hoina a,;i 5ldt
and tie works OF lola. Walt Whitman Swift
Gus n. Nordau anG scores OF 9lnet5 asks rho
counsel in his brief. snail every work trettng
q. h4@r ptsI'o. and i' ren1abe publishers printers
and bcckselers b. arrested and subjected 10 ndIg-
nfrv and persecution? That is not the purpose or
- condemn books BY celebrated autht RS book"
-, have bccn translated into many langua1 =:
approved ps c rm s whaf is the aggregate sense
~ mo cirzed world for the book in III, stion Ia.
hen translated irtc more than twenty Il nguages
ana re2I Hy IL, ie sense or rher the
Of sense of Comstock. nor IS the book 10 De nieas
inntlre thoughts from the reading of the text
Happily We arc not TO be tried. convicted and
sentenced by the Comstockan standard OF moral raj
itr which in this case. Is based upon malice ana
revenge against the defendant" ,o,. ., tho
Press opinions Of the author OF the pook' , OF me
book itself and of the first prosecution are largely
quoted and a list given or the puoishe,rs VITO i
are openly seng '9 be P b9d omstock it says
seems 70 be the only man in the whole community
w ob!ectionahe character. We charge that this
second arrest IS persecution ana say nhat !" o ~
prompted his part by malice revenge ana no.
tora:y.'