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hibition of disease, or for the purpose of operation, but that if the same human body were exposed in front of one of our medical colleges to the public indiscriminately, even for the purpose of operation, such an exhibition would be held to be indecent and obscene.
The jury were further instructed that publications of this character are protected when made with a view to benefit society, and in a manner not to injure the public, but that a mistaken view of the defendant as to the character and tendency of the book, if it was in itself obscene and unfit for publication, would not excuse his violation of the law.
After having listened to the elaborate and earnest argument of the learned counsel for the defendant, I do not perceive that there was error either in the admission or exclusion of evidence, or in charge to the jury, and I think that the verdict is sustained by both the law and the evidence. The motion for a new trial is therefore overruled.
REMARKS OF THE JUDGE.
The offence of which you have been convicted, is one, which to my mind, is of a grievous character. I know nothing, which of itself, tends more to the demoralization of society, and to the corruption of pure minds, and especially of the young, than a publication of the character of which you have been convicted.
It should be the desire of every one in a community like this, or whether the community be great or small, to hold the minds, not only of the mature, but of the young, pure and untainted, and anything which tends to break down the natural modesty and purity of the human mind is subversive of the highest interests of our being.
I think that the law has affixed to the of fence of which you have been convicted, a mild penalty.
I know of cases, of civil cases, in which it would be my duty, if the law warranted it in extending the term of imprisonment which is provided by the act of assembly, therefore, though I believe it my duty to impose upon you the full sentence provided by the act of assembly, still I feel it is but reasonable in itself.
SENTENCE.
The sentence of the court is, therefore, that you pay a fine of five hundred dollars, and undergo an imprisonment in the Philadelphia County Prison for the term of one year.
Philadelphia, January 22, 1870
