The Topeka state journal., 1908-12-10
TIRES OF PRISON.
Il. b. Shepard, Former Kansas
Attorney, Seeks Release.
Convicted in Salt Lake City of
Handling SalaciOuS Books.
NOWATLEAVENWORTH
Claims His Detention at Peni-
tentiary Is Illegal.
How POstoffice Inspector Sc
cured His Evidence.
NOWATLEAVENWORTH

The United States district court
room at the federal building will be
opened again after brief dormant
condition and a hearing will be given
before Judge John c. Pollock on the
seventeenth of this month. This hearing
will be of special interest on account
of the conditions of the case and the
+ limited wealth which is reported to be
behind the whole matter.
The hearing resulted from an
application of Jesse B. Roote for a
writ of habeas corpus in behalf of
Richard B. Shepard. The writ claims
that the imprisonment OF r. B. Shep-
ard was void for many reasons.
The case of United States VS.. Rich
ard Shepard was settled by the
United States district court in the
Utah district last year. Shepard an
old time Kansas lawyer of consider
able note, having lived at Anthony,
the United States mail for the send
ing of obscene literature. The offense
was against the postal law of the
United States and related to the mail
ing of matter relating to obscene
books, circulars, etc, giving informa-
ton how, where and by whom and by
what means obscene lewd and las
civious books might be obtained.
Shepard had dropped the law business
in Salt Lake City and went into the
book business organizing the Shep-
ard Book company. He had mania
for collecting old and obscene books
and soon began a sale of them. He
would get some of the worst
and had special arrangements with
foreign agencies for the importing of
these books.
The Denver division of postoffice
i've do. h Of
G. G.. Larimer began an investigation
of this book firm and decoy letters
were sent to Shepard through the
mails for the purpose of purchasing
the books as advertised through cata-
logues and circulars sent out by the
book firm. Larimer sent letters to
this firm for many months and bought
hundreds of dollars worth of the
literature which included such works
as Fanny HILL" "Amorous Adven-
lures of a Japanese Gentleman and
an unexpurgated edition of Boccacio's
'Decameron" which had to be i'm
ported from Paris for the occasion.
When enough evidence had been col
lected the postoffice authorities re-
ported the matter to the government
and the hearing and trial was set be-
fore the district court of Utah. The
defense tried to prove that the post
office authorities had no authority to !
solicit obscene literature through the |
mails but they lost and Shepard was
sentenced to 13 months of hard labor |
in the Utah state prison, being con-
Victed on two counts. Later he was |
to the United States peni-
tentiary at Leavenworth where he is
at the present time.
1t is said that Shepard is worth |
thousands of dollars and will fight his |
case through to the end. He retained |
Jesse B. RoOte and the application for
a writ of habeaS corpus was made. |
The federal authorities in Topeka
think the writ foolish and without a |
foundation. Roote declares that the
judgment under which Shepard is
held is illegal and void. That the in
dictment fails to charge Shepard with
any offense against the laws of the |
United States That the district court I
of the United States for Utah was
without jurisdiction to pronounce the
sentence. That the district court had |
no reason to change the imprison-
ment. That the United States marshal
had no authority to change the i'm
of the prisoner. That the
was contrary to the
laws of the United States, etc, to-
gether with a lot more "bosh'' as the
local authorities state 1t.
The hearing has created consider
able interest among the courts over
the country and the result will be
awaited with much eagerness.