New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-07
LAWYERS AT WAR
OVER WHAT'S BAD
Moral Quality of "Hagar
ReveIIey" Causes Tilt in
Federal Court.
RAP AT COMSTOCK
IN DEFENCE'S PLEA
Mrs. Inez Milholland.B oissevain
Says She Opposes Prosecution
of kennerley. Publisher.

Two lawyers toiled long and hard With
the English language yesterday in the
federal court In the controversy that has
brought Mitchell Kennerley into that
tribunal on a charge OF sending obscene
matter through the mails. as publisher Of
Daniel Carson Goodman's novel. "Hagar
Revelley."
They were summing up the evidence
taken I'm the case the day before. and
while John NJ. Quinn. for the defence.
argued that the novel was work OF
literature with a great moral lesson. John
y. BOYLE. Assistant United States Attor-
ney. argued with equal vehemence tnat
il was IAN obscene. lascivlous. filthy and
ewd book" such. he said, as he had seen
in college fraternity houses. where II
did no good TO the morals OF the young
men who read such works"
81 believe the jury will desire some time
TO deliberate on this question, said judge
Thomas. and as IT is now o'clock i
am afraid by the time | have nnished
charging them II may be necessary 10
lock them up overnight 10 give men
time TO reach a conclusion. AS oon
want TO do this, and as ! do not pehe'e
the Jury would care to be locked up
shall adjourn the case till Monday morn
ing at 1880 o'clock"
THE book, which Anthony ComstocN
condemns, the author has dedicated 10 MS
mother" said Mr.. Quinn in opening MS
argument. ut Is characterized as Cd
scene. lascivious and filthy. The man
who saws Il is filthy has filthy NINA
himself. This case comes down 70 the
question OF whether II will lead the nor
nal avarare man or woman TO lasclvious
thoughts and acts.
This country has not got to the poi"'
Of putting I'm Jail reputable business man
to protect one or two disease MINDED I'M
beci,es who ought TO be I'm insane asy-
,uros They ask you TO make this pun
lishnr a criminal because he pupllsheu
,b,e hook Before we get through we are
ling N show YOU that the man who says
,b,s book is filthy must have sometnihs
v,rong with his own morals. lie mas al
immoral mind-a mind that is dangerously
near TO being Immoral
Than arose a little side controversy do
% the meaning OF words, when MI Gum"
followed this by the assertion that MI.
po,Io had even characterized as Immoral
A.. oo-,,r,en,latory letter by Ida NJ. TAR
beu printed on the paper outer co'e, VI
tho hook At this. Mr.. Boyle poppeu UP
.,d said he did not call that letter IN
II n
,,orsl hut simply included II IN 'he III,
si.,-,.,, IN identify the book. Ihey hau
"a forth for many minutes unth
49, oo,rt ruled that Mr.. Boyies ian.
- r.as clear and that ne men
49,, &C. Cor purposes OF identification.
80 ~ead TO the jury many OF the
strong passages" when ne o"e. no,tera.
,zad &c "terrifyingly moral IN
ito refrain every now ara then'
,ni,,ed the book had literary oelec's, 80 1n'
,'.,,,or IN department store hngllsii ,ol
"'. ..s.rartn,ent store public not io'
60 n,enu. palaces or Nassar grauu'
ates" s,os n III.
.s,..oo cat Mrs. Inez Milholland- bolsse-
a., - Tam o. Shanter hat BESIDE ne,
roth we're intent listeners 10 al
lu9oa Ia or the record, Mrs. bois-
sevain said that she Vas oPpo "a
prosecution. since she vas opposeu ~
nr,seion Of any kind. believing the puo"o
sho,,ld he its own censors OF oooAs' Il ."e
.,hi;c did not Ike them, she SAUL sN0'
hooks would die Of themselves.
NJ Rov,e in bis summing up saiu 'he
-, ,-ae written for the sole purpose Oh
oxo,,,ne interest in prurient minus
.It &C. wholly without justi1cauon' ne
-, ..ava 10 fill the Golfers OF the pup
fishers and the pockets OF the au.i NJ -
deaIs throughout with what the nisn,
ohooses 20 call true deplcuoh Vi
r,fe, that is really ceath. IL u oraii'i'ie'
cal, ~ sensuality ana lust, ana shaii !oo
-, Tho United States mails TO be used
49, diesernir.ation Of such putrid MAI
80. Gov the commercial profit OF this pup
Usher. Kennerley! :.
uo agreed with Mr.. Quinn that II was
,,cr;np in literary art, saying trat ono
..o,,Iy has to read it to be bored 10 oeath
v It'll H." -. due.
because the prosecutors were uoihs ~
dutv in enforcing the laws 1t ala not i',aAe
them, immoral. as Mr.. Quinn he'd impNeu'
I'VE are simply doing our duty while tne
attorney for the defence has a very ol'eo'
interest in defending It, ne said.
AT this MI quinn jumped up ana pro
tested vehemently against such remarks
hut Judge Thomas sided with Mr.. hoyie'
and Mr.. Quinn subsidized when the Judge
said: -, NJ
I'm view Of what you yourself said, Mt
Quinn. think that is fair coHe-O"'A VA
Nj. Boyles part.