asanovas Heimfahrt
30 eenenene een chen e
box 4/11
reading of this book leaves one with the feeling of
incredulity that a child of that age had written it.
But whether the story is genuine or not is here
immaterial.
The evidence is that “Casanova’s Homecoming''
and Women in Love' were each produced for sub¬
scribers only in a limited edition of 1250. Ten Dol¬
lars was the price of“Casanova’s Homecoming'';
815 for Women in Love“
Section 1141 of the Penal Law, among other
things, forbids the publishing, selling, loaning, giv¬
ing away or having in possession with intent to sell,
loan or give away any book, picture or writing that
is obscene, lewd, lascivious, filthy, indecent or dis¬
gusting. A violation of this section is a misde¬
meanor punishable by not more than one year’s im¬
prisonment or 81000 fine, or both.
It is conceded that defendant Seltzer published,
possessed with intent to sell and did sell the three
books, and that Mary H. Marks did loan one of
these books, "A Young Girl’s Diary', to various
persons.
The sole question, therefore, is: Arethe books in
question, as à matter of law Pobscene, lewd, lascivi¬
ous, filthy, indecent or disgusting'’ within the mean¬
ing of this statute? If the answer is in the affirma¬
tive, the defendants should be beld; if in the
negative, they should be discharged.
To properly answer this question an examination
of the authorities both as to the meaning of the
statute and as to the methods emploved by the law
to determine that meaning becomes necessäry.
The testimony of literary eritics and the clip¬
pings of varions newspapers and magazines süh¬
mitted by consent, not as evidence, but merely to
refresh the couri's common knowledge, nearly all
praise the books as important contributions to the
literature and thought of theage. Two physicians