30
E
asanovas Heimfahr
box 4/11

19
basis of individual pages. Even if the novel con¬
tained objectionable portions (which we do not con¬
cede), such a procedure—as a matter of law—
would be indefensible; and the book would not bea
proper subject for suppression unless it was ob¬
scene as a whole. Nevertheless, the complainant
has singled out eighty pages that have apparentlyy
caused him particular mortification. Let these
pages be scrutinized. They will stand inspection
bythe most fastidions moralist.
And yet in fairness and justice, no book should
be read for obscenity with a summary of warning
passages beside the reader. When one hunts de¬
liberately for obscenity, one can find it in the
noblest book in the world. Let the list of pages be
cast aside for the moment. Let“Casanova’s Home¬
coming'' be read with an open mind, as might any
book bought at random from a book store or found
on one’s library table. Let it be so judged.
After such a perusal, there can be no reasonable
doubt in the mind of the Court. And even if there
be, the doubt must be resolved in favor ofthe bock.
This is a eriminal prosecution. The def dants
stand innocent before the Court. They must be
presumed to be innocent until ihe crime alleged is
proved. This must be done beyond reasonable
doubt.
Neither in part nor in its entirety is the book
obscene. It is the very opposite. It is a moral
tract and furnishes no reasonable ground for be¬
lieving its sale constituted a crime.