The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-04-19

me. 1t is ambiguous. Obscene is not
made plain. What does 1t mean? What
is obscene to one is not to another The
application of definitions found in a die
uonary of the word obscene when applied
to this act does not give sufficient ground
to make this man liable. We must all
necessarily disagree to some extent on
the question of what is obscene. There
is nothing to warrant the court in hold
ing this man to legal prosecution. We
are not responsible, nor should we be
affected by the moral stand taken by the
PRESIDENT of the Police Board or by any
other oficial. The displaying of these
posters is legitimate means of adver-
tising. No one could with any reason
ind anything wrong. Only perverted
mind can see that they would injure the
morals of the community. In no reason
able mind could there be any belief that
We are guilty of breaking the law. The
case reminds me of the story of how a
number of young ladies in a co-educa-
tienal institution in the West determined
to show their appreciation of art by buy
ing and setting up a valuable piece of
statuary. and the final result of that laud-
able intention. After much discussion
they decided to get statue of Apollo.
This they did and it was in due time re-
ceived at the college. The authorities of
the college raised great howl about the
nude in art and the young ladies, deter
mined to keep their highly priced
treasure, obtained a suit of clothes for
Apollo, so that he was established as a
good and moral citizen.
This simply shows how views on such
matters differ. You might brine forty or
fifty people here to pass on these posters
and they might condemn On the otter
hand we could bring similar jury who
would laud them. At any rate this
case, if it is within the jurisdiction OF. any
court, is only within the jurisdiction of a
court where a jury sits. This court is not
q jury and We insist that all sides shall be
fairly dealt with. There could no good
come out of an extraction of the opinions
Of these gentlemen. These opinions would
get into the public press and would do
more injury to the morals of the COM
munity in twenty-four hours than the dis
play of such posters would in twenty-four
years.
I'VE have therefore concluded to waive
examination in this court and to give
jury. If the Grand Jury can find after
mature and deliberate consideration that
there is sufficient to warrant an indict-
ment, very well, but it is very. very uii-
likely. If that should occur we are more
than confident of the final verdict.
''Of course we are sorry to rob these
people present of the little entertainment
they anticipated, but we would say that
the show is now on daily at the theatre"
Justice Hoos said:-"The Court wishes
to thank all who have responded to the
Chiefs invitation to be present. The OBJ
ject in calling them was not to establish
like a jury or to regard them
as exhibits, but to get a general idea of
the opinion of the community on what
might affect the youthful mind particu-
lariy. OF course, the defense would have
the right of cross-examination. As it is,
the defense has thrown up its hands and
the case so far as this court is concerned,
is at an end
Counselor Archibold replied to the
Court The defense has not thrown up
its hands. We simply waive examina-
tion.''
Mensignor Seton expressed himself as
follows after the proceedings were fin
is too bad that these posters
have been allowed to remain on exhibi-
tion so long. The effect on the youth
of the city is very bad"
John DENIM said:-"It is a shame that
this hearing has not gone on. AS soon
as was asked to come to court began
to brush up on the question of what
constitutes indecency. l have been up all
night. have been studying art-Apollo,
Venus and the other gods in numbers
and this morning I feel my wits sharp
ened to an extraordinary degree. l am
in very fine condition to discuss this ques-
tion.''
Counsellor Arthur Archibold, who ap-
pears for the defendant, Moore, when seen
at his office, No. 1 Cooper place, this
morning, said
81 should not be afraid to have jury
summoned, irrespective of the walks of
life of the members of such body, to
pass upon the decency of the posters in
question. On all sides we are surrounded
with pictures of women in scant costume
placed in most conspicuous places adver-
tising the sale of various kinds of patent
medicines, liquors, corsets and the morn
ing after the night remedies These are
displayed in almost all newspaper store
periodicals which feature the female form
almost nude. Yet we hear nothing of
these. Why? Shall there be one law for
the theatrical profession and another for
manufacturers, who go even further in
the pictures they use for advertising pir-
poses? It would seem that historians
have been greatly Jared. The Plymouth
Rock cannot be far from the Bon Ton
Theatre, if we are to accept the puri-
tanical action of the authorities in this
matter as indications of anything"
DR.. McGill when asked this morning
why the principals, the Klein Brothers,
owners of the theatre, and Manager Din
kins were not arrested instead of their
agent, Moore, said
sible is the one who places the obscene
matter. 1t is not like civil suit. where
the employer is responsible for the acts
of his agent
Further than that he refused to discuss
the question, remarking that up to date
everything had been said and done and
that there was nothing more worthy of
discussion at this time.
Had the hearing proceeded this morning
the spectators would had been fully salts
fled in their desire for the spice they
sought. Counsellor Archibold was pre-
pared to bring before the nastiness ex-
perts number of pictures of women used
To 3d lf<s~. II