The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-10
'HAGAR REVELLY' NOT
IMMORAL, SAYS JURY
Takes More Than Five Hours
to Acquit Publisher
Kcnnerley.
COMSTOCK NOT IN COURT
7. NJ. G. A. Juror Tells Of the
Deliberations in the
Jury Room.

For nve hours and twenty-five minutes
. Jury In the United States District Court
discussed yesterday the possible moral
effect Of "Hasar Revelly." by Daniel
Carson Goodman, and came TO the con
clusion that Il IL not an Immoral. Iewd.
lascivious indecent and nlthy" book as
Anthony comstock had characterized II in
his complaint against Mitchell kennerley
the publisher. At A:65 =. NJ. tho latter
was acquitted OF the charge OF sending
indecent literature through tho mails.
kennerley was instantly surrounded by
group Of admirers OF books Of the
"Hasar Revelly" sort, who sought to
shake his hand and congratulate him on
his victory.
w. Il. Bird, one Of tho Jurors who voted
for the acauittal OF kennerley on tho FRS,
ballot. said that he belonged TO n debating
class In tho Y. NJ. G. A for the discussion
OF sex problems. If such books are n,
for discussion In the Y. NJ. c. A., Mr.. Bird
held. they are certainly NJ for discussion
In other circles. Mr.. Bird IL a furniture
manufacturer.
ION tho nrst ballot" Mr.. Bird said
the jury stood to 8. but on the next
poll the strong minded men brought over
three of the Others who had been taking
personal view of the book contrary 10
Judge Thomas's instructions. Next Tho
jury stood IL TO for acquittal, and
ihally the impersonal view of the book
triumphed"
81 am delighted with the verdict" said
Mr.. kennerley. 1T is IA complete vindica
ton OF the book. the publication OF which
/ 70 ~ .
has returned the plates which were con-
iiscated"
Assistant United States Attorney John
" Boyle. while disappointed said that
other prosecutions OF publishers Of sex
roinances might be expected I'm the near
future.
Il can't understand" he said. by VIVA,
process OF reasoning the Jury reached its
conclusion. Had they followed the In.
struction OF the court, particularly a. 70
the legal tost of obscenity. the verde,
must have been for the Government In
finding the indictment the Grand jury
was unanimous
Mrs. Mitchell Kennerlcy. who 81,
through the entire trial. was overjoyed
by the verdict Anthony Comstock was
not In court. but when he was going down
In the elevator earlier IN the day he stood
directly back OF Daniel Carson Goodman
and Charles Vail, author Of John Ward.
NJ. D., neither of whom knew him. Mr.
Vail was saying
why the Whol. thing is absurd Inag-
Inc attacking a book of this sort produced
by reputable publisher. The attack ON
this book was imbecilIc"
Roger Il Wood. Assistant United States
Attorney said last night "Rcfore any
action was taken IN the case copies ~ I'M,
book were presented to the Grand Jury.
The JUROR appointed n Conmiiio, - rad
the book and they decided 10 was immoral
Now twelve men have decided exactly tho
opposite way ] still think the book is
immoral"
Justices Moss Fleming and O'Koefe
In Special Sessions on December % la =
found William Cleary. one of Kenncrleys
clerks. guilty OF selling lewd and in
decent book and sentenced him TO soryo
Tor twenty days IN prison and pa\ 4.
me or $50 Justice Moss said at the
time or imposing the sentence IF we
had the publisher here We would not deal
so lenienuy with him, In my opinion
this book Is obscene"