# Appendix — Dennis v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0230%3A01 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1966 - **Citation:** 384 U.S. 855 ## Text Index to Record in Court of Appeals. Defendant’s Notice of Appeal ....__.._____.. 733 People’s Notice of Appeal ....................._ 735 Certificate Granting Leave to Appeal ......... 737 Judgment Appealed From 0000000000... 739 Certification Pursuant to Rule 2105 Index. Statement Under Rule 234 ............................ CE Eee EE PE ee me Endorsements on Information ....... ke Bill of Particulars Case and Exceptions ......................... Motions Nes nara Minutes, November 16, 1960 .. _ Minutes of Sentence ...................... Notice of Appearance 2.0.0.0... cccceseeceeseecenees Stipulation as to Exhibits Clerk’s Certificate ....... : TESTIMONY. Wrrwesses ror Propie: Abrams, Bernard: Direct CROGT acisccondscns Sa EE OOS BSS ae Barasch, Marilyn: Direct Ti ee Dilberw, Gene: Re IE: Es oe eee ereees ** Cocescoresosce te-direct Dreyer, Jay: Direet Direct Cross .. Direct Cross Lieberman, A Cross Plansker, Geo a tell nC A> LE eas Re-direct Gurnewald, Edward: Cross .... Hackshaw, Leotha: Cross ...... Hartigan, James: Direct ..... ee ee ee ee nn _ PSE re a a i xe I ie er St Ie OR ene eee tener ee ee enggeeee Levenberg, Norman: Direct .... braham: ae a Lydon, John F., Jr.: rge: Rosen, Hyman: Pere a ee ae RE ERE NR 406 ee ae 594 Shaffer, Alfred H.: | RS TS itis tees fl Shaller, Oscar: Crose ........-. josh . 606 Stanton, Ernest: ETS 2S TSS vidal 478 Tyson, Robert S.: ee WEES a NL SILF eee eid! Ge 2 ae eee ae ne ae Vaccarella, Peter C.: Direct . : Paes 557 Cross _. Zi 566 Re-direct . :' re 575 Yeeto, Dorothy: | Se, ene. ee, ee a 578 EER Ag 592 Whrrwesses ror Derexpant: Adler, Frank: EE ee Walsh, William: ee =e cae. iv. EXHIBITS. (See Stipulation as to Exhibits, page 730 herein.) Propie’s Exnusrirs: Admitted 1. Book “Chances Go Around” ................. 194 1A through 1L. Scene drawings —.............. 256 eel 196 3. Book “Female Sultan” .......................... 196 4. Book “Satin Satellite” 198 as ce a ctsmetstasesncbente 257 ts gO 201 6. Book “Mistress of Leather” —............. 201 7. Book “Educating Edna” —..........,......... 202 8. Book “Strange NE cece 9, Book “The Whipping Chorus Girls”... 203 10. Book “Order of the Day” and “Bound Maritally” ; .. 204 11. Book “Dance With a Dominant Whip” 206 12. Book “Cult of Spankers” ............... .. 206 13. Book “Confessions” ......... Sdlededclilbanstasaits 206 14. Book “The House of Torture” ......... 209 15. Book “Bound in Rubber” 000000000000. . 209 16. Book “Arduous Figure Training at ITT 6: -csusticnincnssgnsessssitlithinadibtceenhs 211 17. Book “Return Visit to Fetterland” ...... 211 * 18. % Book “tearful Ordeal in Restraint- Book “Women in Distress” —............ Book “Pleasure Parade, Volume 1” .... Book “Screaming Flesh” 00.0000... 0S Ee ee Book “Fury” as easel Book “So Firm and So Fully: 3 Packed” Cardboard .. haieurentipdapmataieablinaniites Cardboard . Ms mnuionidanianee Book “Tl a Anyting T SOO eccsisntinis Cardboard .............. Book “Masque” Cardboards Cardboard Book “Catanis” Cardboard AENEAN Book “The Violated Wrestler” BOGE TOD decdcctntiessicidistncnenetmnindesintis 32. Book “Dangerous Years” 43. 44. 45. 46. 47. 48, 49. 50. . Cardboard carton . 5. Book “The French Girl on the Stairs, vi. Book “Run Girl, Run Hard” —... Book “This Way Down” 0... IGE sect ee ES sceieiimiaattienliie ee ass Book “French Girl on the ~— Part oo SE ae ae Book “Smooth and i Bacey ieeenitinntene ‘ilies OS i Book “Tattletales” ...........ccscccsscsseseceecseen Book “Look at Her Motor Turn Over” OSE FUR I acre ccccenesrceriecsonenee Book “The Hollywood Spankers” ........ Book “Anecdotia Spankiana” ............ Book “Columns. of Agony” .................. Book “The Tainted Pleasure” .......... - Book “Bound in Rubber” ...:........ Book “Arduous Figure Training at SIEII ccssueeghadipesttannininessahibenianbanséshees Book “Return Visit to Fetterland” ...... Book “Women in Distress” 000000000... 56 vii. Admitted page Book “Pleasure Parade, Volume Num- Book “Pleasure Parade, Volume Num- ig gupnit tit. nee se re cinch baits 237 Book “Pleasure Parade, Volume Num- ber 2” .. 237 Book “Pleasure Parade, Volame Num- ber 1” 238 Book “Sorority Girls Stringent Initia- tion” 238 Book “Terror at the Bizarre Art Mu- I a ccieiciens 238 Book “Screaming Flesh” .... ............ 239 het. ee 240 Book “Masque” 240 Book “Temptation” 244 Cardboard 271 Cardboard carton ... 145 Book “Peggy's Distress on the Planet Venus” 245 Book “Ways of Discipline” 245 Book “Mrs. Tvrant’s Finishing School” 246 Book “Perilous Assignment” 246 Book “The French Girl on the Stairs, Part 2” 247 Book “Tattletales” 248 Book “Look at Her Motor Turn Over” 69. Book “Woman Impelled” ......................-. 70. Book “Eyewitnesses” . 72, Book “Queen Boo” ..............-coc-csccwesres ep Re! se rerereenne Te CI iinet shite als SST! MO Chet 76. Payroll book ................. eae dbus") 77. Manila envelope ........2.0.........ccccccceccceeees TTA, B, Cand D. Papers ..........-.-.0..c0.0-0.00+. 79A, B,C, D and F. Papers 79 and 80. Two pieces of paper 81. Document .... OOO eww en eee en ennee 172 588 Bill for book ite AEs Mk A 589 86. Bill for manuscript 589 87. Bill ; .. Bl Se a 89. Bill 592 90. Bill 592 91. Mortgage extension . 596 92. Ledger sheet ...... 599 93. Certificate of incorporation .................... 613 en a _ 635 BRUIT occu cccscecnessesssceniovonsenstasronstnnsinetninosiennic 618 OB. TRIE cose encescenss~reversncenngy-capsseoenpansneascipenttittas 618 A nen eee or mee eer eee ar -. 638 98. Book . 645 Derenpant’s Exnusrt: inn es oe ee ed 476 Covrr’s Exnreirs: A, B and C. Charts ..... ith ee 129 Remittitur of the Court of Appeals of the State of New York _.. soctideanteattain i iieatiatiaaealiiediies 745 745 Notice of appeal to the Supreme Court of the United States filed in the Criminal Court of the City of New York, County of New York 748 747 Clerk’s certificate of the Criminal Court of the City of New York . 751 749 Order amending the remittitur 752 749 Order noting probable jurisdiction NEW YORK SUPREME COURT Aprettats Division—Fiest Department. > Tue Prortz or tHe Stare or New York, Respondent, against Epwarp MisHxry, Defendant-Appellant. > Statement Under Rule 234. The nature and object of the above entitled action is a prosecution of the defendant for vio- lation of Section 1141 of the Penal Law. The action was commenced by the filing of the in- formations in the Court of Special Sessions of the City of New York, County of New York on the 8th day of March, 1960. The judgment of conviction was entered on 14th day of December, 1960. The notice of ap- peal was filed on the 19th day of December, 1960. The names of the original parties appear in the above-entitled caption and no changes have taken place. There has been a change in the attorneys for the defendant and Emanuel Red- field now appears for the appellant. Frank 8. Hogan, District Attorney of the County of New York appears for the respondent. Notice of Appeal. COURT OF SPECIAL SESSIONS OF THE CITY OF NEW YORK, County or New Yor. > Tue Prortz or tHe Strate or New York, Respondent, against Epwarp Misuxin, Defendant. Sr: Please Take Notice, that the defendant above named, Edward Mishkin, hereby appeals to the Appellate Division of the Supreme Court of the State of New York, First Department, from the judgment of conviction entered against him in this Court, on the 14th day of December, 1960, and from each and every part of said judgment. Dated: New York, N. Y., December 19th, 1960. Yours, ete., SAMUEL SEGAL Attorney for Defendant Office & P. O. Address Eleven Broadway Borough of Manhattan City of New York Information. COURT OF SPECIAL SESSIONS OF THE CITY OF NEW YORK, Country or New Yorx. i Tur Peorte or THe State or New Yor, & Defendant. Be it Remembered that I, Faanx 8S. Hoaan, the District Attorney of the County of New York, by this information, accuse the above- named defendant of the crime of Possrastre On- scenk Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tend to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an indecent character, entitled “Chances Go Round” whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 10 11 4 Information SECOND COUNT Anp I, tue Disraicr Arrorney aroresaip, by this information, further accuse the said de- fendant of the crime of UnLawru iy Possessino Osscenz Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give awey and show, a certain obscene, lewd, lascivious filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character entitled, “Impact” whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. THIRD COUNT Anp I, rae District Arrorney aroresaip, by this information, further accuse the said de- fendant of the Crime of UnLtawrutty Possessine Oxsscene Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- Information 13 phlet, story paper, writing and paper of an in- decent character, entitled “Female Sultan” whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here giver. FOURTH COUNT Awp I, tus Diraitcr ATToRN®Y AFORESAID, by this information, further accuse the said de- fendant of the Crime of Ustawrunty Possrasive Onscexe Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Satin Satellite”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. FIFTH COUNT Axp I, ras Diraict ATTORNEY AFORESAID, by this information, further accuse the said de- fendant of the Crime of Ustawrvtty Possessixe Onscersz Booxs, committed as follows: 14 15 17 6 Information The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Her Highness”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. SIXTH COUNT Anp I, tue Disraicr Arrorney arorrsarp, by this information, further accuse the said de- fendant of the Crime of Untawru.iy Possessrne Oxsscent Books, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Mistress of Leather”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 7 Information w SEVENTH COUNT Anp I, roe Dwratcr Arrorwey arommsamp, by this information, further accuse the said de- fendant of the Crime of Us zawru.iy Possessre Osscens Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- 20 tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Educating Edna”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. EIGHTH COUNT Awyp I, rue Dieratct Arrorwey aronesam, by n this information, further accuse the said de- fendant of the Crime of Ustawrvutiy Possrssine Osscenr Booxs, committed as follows: The said defendant, on or about January 11, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 2s S Information phlet, story paper, writing and paper of an in- decent character, entitled “Strange Passions”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. NINTH COUNT Anp I, rue District Arrorney aroresaip, by this information, further accuse the said de- fendant of the Crime of UnLtawrvu.iy Possessino Osscent Books, committed as follows: The said defendant, on or about January 11, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute andl show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “The Whipping Chorus Girls”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, where- fore such description is not here given. TENTH COUNT Anv I, rae Disraior Attorney arorrsarp, by this information, further accuse the said de- fendant of the Crime of Unitawruniy Possrasine Oxsscentz Booxs, committed as follows: > 9 Information he said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Order of the Day and Bound Maritally”, whereof a more particular de- scription would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. ELEVENTH COUNT Anp I, rue Disraicr Arromney arornmsaip, by this information, further accuse the said de- fendant of the Crime of Ustawru iy Possmeatno Onscenr Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazime, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Dance With’ The Dominant Whip”, whereof a more particular de- scription would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 10 Information TWELFTH COUNT Awp I, rue Disraict Arrosney aroresaip, by this information, further accuse the said de- fendant of the Crime of UnLawrvu.iy Possessino Onscenze Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Cult of the Spankers”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. THIRTEENTH COUNT Anpv I, rae Distaicr Arrorney aronesarp, by this information, further accuse the said de- fendant of the Crime of UnLawruLiy Possessine Onscent Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- ll Information phiet, story paper, writing and paper of an in- decent character, entitled “Confessions”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. FOURTEENTH COUNT Awnp I, tHe District Arrornney aroresap, by this information, further aceuse the said de- fendant of the Crime of Untawrvutiy Possessine Osscene Books, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, untitled “The House of Tor- ture”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. FIFTEENTH COUNT Anp I, rae District Arronngy arornrsam, by this information, further accuse the said de- fendant of the Crime of Untawrvutiy Possessine Oxsscene Booxs, committed as follows: 12 Information The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Bound in Rubber”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. SIXTEENTH COUNT Anp I, rue District Arrorygy aroresarp, by this information, further accuse the said de- fendant of the Crime of Untawru.iy Possessine Osscensz Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Arduous Figure Training at Bondhaven”, whereof a more par- ticular description would be offensive to this court and improper to be spread upon the rec- ords thereof, wherefore such description is not here given. 13 Information SEVENTEENTH COUNT Anpv I, rae Disraicr Arronney arorrsaw, by this information, further accuse the said de- fendant of the Crime of Untawru.iy Possessine Osscent Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Return Visit to Fat- terland”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. EIGHTEENTH COUNT Anp I, roe Distatcr Arrorwey aroresarp, by 39 this information, further accuse the said de- fendant of the Crime of Untawrutiy Possessrne Osscenst Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 14 Information phlet, story paper, writing and paper of an in- decent character, entitled “Fearful Ordeal in Restraintland”, whereof a more particular de- scription would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. NINETEENTH COUNT Anp I, rue Disraicr Arrorney arorraam, by this information, further accuse the said de- fendant of the Crime of Untawrvutiy Possessine Osscens Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Women in Distress”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. TWENTIETH COUNT Awv I, rae Disraror Arronysy aronesam, by this information, further accuse the said de- fendant of the Crime of Untawrutiy Possrsarxa Oxsscens Booxs, committed as follows: 15 Information The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Pleasure Parade No. 1”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. TWENTY-FIRST COUNT Awv I, tHe Disrraicr Arrorwey aronesam, by this information, further accuse the said de- fendant of the Crime of Un.tawru.iy Possessine Osscent Books, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Screaming Flesh”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 16 Information 22nd COUNT Anpv IL, rae Deraict Arronyey arorrsar, by this information, further accuse the said de- fendant of the Crime of Untawruiiy Possesarmno Oxscens Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Fury”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 23rd COUNT Anp I, rae Diraict Arronyey aronesarm, by this information, further accuse the said de- fendant of the Crime of Un.awrutsy Possessino Oxsscens Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 17 Information phiet, story paper, writing and paper of an in- decent character, entitled “So Firm and So Fully Packed”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 24th COUNT Anp I, rae Distaict Arronney aroresar, by this information, further accuse the said de- fendant of the Crime of Untawrutty Hime Orners To Prepare Osscener Booxs, committed as follows: ‘ The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did hire, employ, use and per- mit other persons to design, print, utter, publish, manufacture and prepare, and to assist in de- signing, printing, uttering, publishing, manufac- turing and preparing a certain obscene, lewd, lascivious, filthy, indecent, sadistic, maso- chistic and disgusting book, magazine, pam- phlet, story writing and paper of an indecent character, entitled “I'll Try Anything Twice”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 25th COUNT Anp I, rre Disrarcr Arrorney arongsarp, by this information, further accuse the said de- fendant of the Crime of Ustawrutity Hira Orners To Prepare Osscenz Booxs, committed as follows: Sl 18 Information The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did hire, employ, use and per- mit other persons to design, print, utter, publish, manufacture and prepare, and to assist in de- signing, printing, uttering, publishing, manufac- turing and preparing a certain obscene, lewd, lascivious, filthy, indecent, sadistic, maso- chistic and disgusting book, magazine, pam- phlet, story writing and paper of an indecent character, entitled “Mosque”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 26th COUNT Anp I, rae Disrarcr Arrorney aronesap, by this information, further accuse the said de- fendant of the Crime of Unitawrutiy Possessina Osscensz Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivions, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Catanis”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such Gposription is not here given. j | | : ly Information 27th COUNT Anpv I, rae Distaict Arrorngy aroresarp, by this information, further accuse the said de- fendant of the Crime of Untawrutiy Possessino Osscene Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sad- istic, masochistic and disgusting book, magazine, pamphlet, story paper, writing and paper of an indecent character, entitled “Violated Wrestler”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 28th COUNT Awnp I, roe Disraicr ArrorNEey arorEsaip, by this information, further accuse the said de- fendant of the Crime of Untawru.tiy Possrssinc Oxsscenet Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- 57 20 Information decent character, entitled “Betrayal”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 29th COUNT Awnp I, ras Diuwranr Arronyney sronrsarp, by this information, further accuse the said de- fendant of the Crime of Untawrutiy Possessine Oxsscenz Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Swish! Bottom!”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 30th COUNT Anp I, ras Disrarcr Arrornsy arorrsarp, by this information, further accuse the said de- fendant of the Crime of Unuawrvutiy Possessina QOsscaent Booxs, committed as follows: i ee ee a —— — case cpuammaumerammcammamammaeaes 21 Information 61 The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Raw Dames”, whereof ’ a more particular description would be offensive 62 to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 3ist COUNT Awyp I, tae Disraict Arrorwry aronesarp, by this information, further accuse the said de- fendant of the Crime of Ustawrutiy Possrasmsa Osscens Booxs, committed as follows: The said defendant on or about January 13, 1960 and prior thereto in the County of New York, unlawfully did sell, lend, give away, dis- © tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “The Strap Returns”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 22 Information 32nd COUNT Awp I, rae Disraicr Arrorney aronesaip, by this information, further accuse the said de- fendant of the Crime of Untawru.iy Possessine Oxsscent Booxs, committed as follows: The said defendant, on or about January 13, 1960 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Dangerous Years”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 33rd COUNT Anp I, rue Disreror Arrorney aroresaip, by this information, further accuse the said defend- ant of the Crime of Unuawrutiy Possessrne Osscensk Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 23 Information phiet, story paper, writing and paper of an in- decent character, entitled “Enter the Black- mailer”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, where- fore such description is not here given. 34th COUNT | Anp I, rae Disraict Arrorney avonEsam, by this information, further accuse the said defend- 68 ant of the Crime of Untawrutty Possessimva Osscenz Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Chances Go Round”, 69 whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such de- scription is not here given. 35th COUNT Awyp I, rae Desraicr Arroryey arosrsamp, by this information, further accuse the said defend- ant of the Crime of Uwstawrutty Possmssrve Onscerz Booxs, committed as follows: i a RR A RNs Tm a At 24 70 Information The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Impact”, whereof a 71 more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 36th COUNT Anp I, rue Disrricr Arrorney aroresaip, by this information, further accuse the said defend- ant of the Crime of Untawruuiy Poasessine Osscent Books, committed as follows: The said defendant, on or about December 30, 72 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Strange Passion”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. —— 25 Information 37th COUNT Axp I, rue Dosrarcr Arrornywey aromrsamp, by this information, further accuse the said defend- ant of the Crime of Ustawrutsy Possessine Osscene Booxs, committed as follows: The said defendant, o» or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, phiet, story paper, writing and paper of an in- decent character, entitled “Columns of Agony”, whereof a more particular description would be offensive to thie court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 38th COUNT Anp IL, rae Disraicr Arroryey arorrsam, by this information, further accuse the said defend- ant of the Crime of Unstawrutity Possessine Osscene Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- if) 76 78 Information phiet, story paper, writing and paper of an in- decent character, entitled “The Tainted Pleas- ure”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 39th COUNT Anp I, rae Disrricr ArrorNey aroresaip, by tuis information, further accuse the said defend- ant of the Crime of Untawru.tiy Possessine Osscene Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Intense Desire”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 40th COUNT Anp I, tae Disrator Arroryey aronrsam, by this information, further accuse the said defend- ant of the Crime of Unuawrutiy Possessine Ossceye Books, committed as follows: 27 Information The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “The House of Tort- ture”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 4lst COUNT Anp I, rae Disrricr Arrorney aroresarp, by this information, further accuse the said defend- ant of the Crime of Untawrutty Possessixa Osscent Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivions, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Bound in Rubber”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. Information 42nd COUNT Anp I, rae Disraicr Arrorney aroresaip, by this information, further accuse the said defend- ant of the Crime of Unstawrutay Possessina Osscext Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Arduous Figure Training at Bondhaven”, whereof a more par- ticular description would be offensive to this court and improper to be spread upon the rec- ords thereof, wherefore such description is not here given. 43rd COUNT Anp I, tae Disraict ATrrorNey arorrsarp, by this information, further accuse the said defend- ant of the Crime of Unitawrutiy Possessino Osscene Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, 29 Information phiet, story paper, writing and paper of an in- decent character, entitled “Return Visit to Fetter- land”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, where- fore such description is not here given. 44th COUNT Ayp I, rue Disrarcr Arrornwey aroresamp, by this information, further accuse the said defend- ant of the Crime of Unstawrutiy Possessne Ossceng Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Woman in Distress”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 45th COUNT Anp I, tae Disraicr Arrorney aronesaip, by this information, further accuse the said defend- ant of the Crime of Ustawrutay Possessina Osscene Booxs, committed as follows: 3u Information The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfally did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Pleasure Parade, No. 4”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 46th COUNT Awp I, rue District ArrorNey aFrorrsaip, by this information, further accuse the said defeng- ant of the Crime of Unuawrutiy Possessino Osscent Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Pleasure Parade, No. 3”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 31 Information 91 47th COUNT Anp I, rae Disraict ArromNgy aroresaip, by this information, further accuse the said defend- ant of the Crime of Untawrunty Possessino Osscenrt Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- 92 tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Pleasure Parade, No. 2”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 48th COUNT Anp I, tae Disraict ATTORNEY AFORESAID, by this information, further accuse the said defend- ant of the Crime of UnNuawru.ity Possessine Osscene Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 32 Information phlet, story paper, writing and paper of an in- decent character, entitled “Pleasure Parade No. 1”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 49th COUNT Anp I, rue Disraict Arrosney aroresarp, by this information, further accuse the said defend- ant of the Crime of Uxiawrutty Possessine Oxsscenz Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Sorority Girls Strin- gent Initiation”, whereof a more particular de- scription would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 50th COUNT Anp I, rae Disraicr Arronngy aroresamp, by this information, further accuse the said defend- ant of the Crime of Untawrutity Possessine Osscenz Books, committed as follows: ee i 83 Information 97 The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Terror at the Bizarre Art Museum”, whereof a more particular descrip- gg tion would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 5lst COUNT Anp I, rue Disrraict Arrorney aForesarp, by this information, further accuse the said defend- ant of the Crime of Untawruniy Possessine Osscene Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New gg York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Screaming Flesh”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 100 10% 102 34 Information 52nd COUNT Anp I, rae Disrarct Arronngy aroresaip, by this information, further accuse the said defend- ant of the Crime of Unstawrutiy Possessina Osscent Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Fury”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 538d COUNT Anp I, tue Disraict Arrorney aroresaip, by this information, further accuse the said defend- ant of the Crime of Us tawrutiy Possessine Osscenz Booxs, committed as follows: The said defendant, on or about December 20, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 35 Information phiet, story paper, writing and paper of an in- decent character, entitled “Mosque”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 54th COUNT Anp I, rae Disraicr Arrorwey aroresaip, by this information, further accuse the said defend- ant of the Crime of Unstawrutiy Possessine Osscengé Books, committed as follows: . The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Catanis”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 55th COUNT Anp I, rae Disraict Arrorvey aroresamp, by this information, further accuse the said defend- ant of the Crime of Un tawrutty Possessine Osscenet Books, committed as follows: 103 104 105 103 36 Information The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Betrayal”, whereof a obscene, lewd, lascivious, filthy, indecent, sadistic, more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 56th COUNT Axo I, rue Disrarot Arrorney aroresaip, by this information, further accuse the said defend- ant of the Crime of Untawrutty Possessino Osscene Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Swish! Bottom!”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 37 Information 57th COUNT Awnp I, rue Disraict Arroryey aroresarp, by this information, further accuse the said defend- ant of the Crime of Untawrutsy Possessine Osscent Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Temptation”, whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 58th COUNT Anp I, rae Disraict ArrorNey aForesarp, by this information, further accuse the said defend- ant of the Crime of Untawrutiy Possessine Osscenr Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- 109 111 14 Information 2 phlet, story paper, writing and paper of an in- decent character, entitled “Peggy’s Distress on Planet Venus” whereof a more particular descrip- tion would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 59th COUNT Anp I, rue Disraict Arrornney arorEsaip, by this information, further accuse the said defend- ant of the Crime of Uniawrutiy Possessine Osscent Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Ways of Discipline” whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 60th COUNT Ayp I, rue Disratot Arroryey aroresaip, by this information, further accuse the said defend- ant of the Crime of Unuawrutiy Possessina Oxnsoune Books, committed as follows: 39 Information The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story paper, writing and paper of an in- decent character, entitled “Mrs. Tyrant’s Finish- ing School” whereof a more particular descrip- tion would be offensive to this court and im- proper to be spread upon the records thereof, wherefore such description is not here given. 6lst COUNT Awv I, rae District Arrorngey aroresaip, by this information, further accuse the said defend- ant of the Crime of Untawruniy Possessine Osscene Books, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the Couuty of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away, distribute and show, and possess with in- tent to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story paper, writing and paper of an in- decent character, entitled “Perilous Assignment” whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 115 116 40 Information 62nd COUNT Anp I, Tae Disrarcr Arromyey aroresarp, by this information, further accuse the said defend- ant of the Crime of Ustawrutay Possessino Osscensz Booxs, committed as follows: The said defendant, on or about December 30, 1959 and prior thereto, in the County of New York, unlawfully did sell, lend, give away, dis- tribute and show, and offer to sell, lend, give away and show, a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pamphlet, story paper, writing and paper of an indecent char- acter, entitled “Hellion in Blue”, whereof a more particular description would be offensive to this court and improper to be spread upon the rec- ords thereof, wherefore such description is not here given. 63rd COUNT Anp I, rae Disrawr Arroryey arorrsaip, by this information, further accuse the said defend- ant of the crime of Unsitawruity Pvus.meine Onscene Booxs, committed as follows: The said defendant, in and about the month of July 1959, in the County of New York, unlaw- fully did publish, manufacture and prepare a certain obscene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, maga- zine, pamphlet, story, writing and paper of an indecent character, entitled “Chances Go Round”, whereof a more particular description would be al Information offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 64th COUNT Anp I, Tue Disraicr Atrorney aroresap, by this information, further accuse the said defend- ant of the crime of Ustawrutmy Pvustisnine Osscens Booxs, committed as follows: The said defendant, on or about August 12, 1958, in the County of New York, unlawfully did publish, manufacture and prepare a certain ob- scene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story, writing and paper of an indecent character, entitled “Impact” whereof a more par- ticular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such description is not here given. 65th COUNT Anp I, Tue Disraror Atrorney aroresaip, by this information, further accuse the said defend- ant of the crime of Untawrumsy Pususnime Osscexr Booxs, committed as follows: The said defendant, on and about the month of November, 1959, in the County of New York, unlawfully did publish, manufacture and prepare a certain obscene, lewd, lascivious, filthy, in- decent, sadistic, masochistic and disgusting book, magazine, pamphlet, story, writing and paper of an indeount character, entitled “Female Sultan”, 42 Information whereof a more particular description would be offensive to this court and improper to be spread upon the records thereof, wherefore such descrip- tion is not here given. 66th COUNT Anp I, Tae District Arrorney aroresam, by this information, further accuse the said defend- ant of the crime of Untawrutty Pvs.isaine Onscent Books, committed as follows: The said defendant, on or about March 27, 1958, in the County of New York, unlawfully did publish, manufacture and prepare a certain ob- scene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phlet, story, writing and paper of an indecent character, entitled “Satin Satellite”, whereof a more particular deseription would be offensive te this eourt and improper to be spread upon the records thereof, wherefore such description is not here given. 67th COUNT Anp I, rue Disrarcr Arrorney aroresam, by this information, farther accuse the said defend- ant of the erime of Un tawrutiy Pvustisarine Osscenr Books, committed as follows: The said defendant, on or about September 9, 1958, in the County of New York, unlawfully did publish, manufacture and prepare a certain ob- scene, lewd, lascivious, filthy, indecent, sadistic, masochistic and disgusting book, magazine, pam- phiet, story, writing and paper of an indecent ) 7 8 ‘ ‘ 1 —— Bail Information Obscene Books, etc. FRANK 8S. HOGAN : District Attorney Filed Mar 8 1960 | Adjournments 357 D 6/2/60 | Murtagh Mar 9 1960 Arraigned on Return of Bench Warrant For all Purposes 3/30 Pt I Bail Fixed @ $25,000 JOHN M. MURTAGH Presiding Justice 359 120 Endorsements on Information Mar 30, 1960 Losealzo 38 AP 4/29 Apr. 29 1960 Martinis 2 AP 5/4 Defendant Pleads Not Guilty 5/18 Oct 24 1960 Part 3—Cal No. 5 Breslin Galloway Gassman On motion of A D. A. Stein Cts 33-34-35-36-54- 55-56-62-94-105-143-154-191-195 Dismissed. Oct 25 1960 Part 3—Cal No. 28 Breslin Galloway Gassman On Trial, Con’t 10/26/60 Oct 26 1960 Part 3—Cal No. 6 Breslin Galloway Gassman On Trial, Con’t 10/27/60 Oct 27 1960 Part 3—Cal No. 2 Breslin Galloway Gassman On Trial, Con’t. Oct 31/60 Oct 31 1960 Part 3—Cal No. 8 Breslin Galloway Gassman On Trial, Con’t. 11/7—11 A. M. oan 121 Endorsements on Information Nov 7 1960 Part 3—Cal No. 2 Breslin Galloway Gassman On Trial, Cen’t. 11/16/60 Nov 16 1960 Part 3—Cal No. 1 Breslin Galloway Gassman On Trial. Defendant Convicted as to 1 to 32 incl., 37 to 53 inclusive, 57 to 61 incl., 63 to 65 incl., 67 to 87 incl. 106 to 113 incl. 115 to 135 incl., 137 to 141 incl., 144 to 148 inel., 150 to 153 incl., 155 to 162 incl., 164 to 175 inel., 185 to 190 incl., 192, 193, and 196 to 198 incl. Investigation & Sentence December 14, 1960 As to Counts 66, 88, 100, 114, 136, 142, 149, 163, 176, 183, 184 and 194 deft. is acquitted. (See decision and opinion attached.) KE. F. BRESLIN Presiding Justice Edward Mishkin Count #1—$3000 fine or 1 year penitentiary Com #1860 Count #48—$3000 fine or 1 yr. penitentiary and in addition 1 yr. penitentiary Com +1861 Count #65—$3000 fine or 1 yr. penitentiary and in addition 1 yr. penitentiary Each of above three sentences to run con- secutively. Com #1862. 361 122 Endorsements on Information Count #111—$3000 fine or yr. penitentiary and in addition 1 year penitentiary, to run con- currently with sentence imposed in Count #65. Count +160—$500 fine Total fine $12,500 Cts #2 to 32 incl. Cts #37 to 41 incl. 4147 incl. 49 to 53 imcl. 57 to 61 incl. Sentence Sus- PENDED Cts #63, 64, 67 to 87 incl. 89 to 93 incl. 95 to 99 incl. 101 to 104 incl., and 106 to 110 incl. SentENCcCE SuSPENDED Cts #112, 113, 115 to 135 incl. 137 to 141 incl. 144 to 148 incl., 150 to 153 incl. and 155 to 159 inclusive. SENnTENcE SusPENDED. Cts #161, 162; 164 to 175 incl., 177 to 183 incl. 185 to 195 incl. and 192, 193, 196, 197 and 198 Sentence SusPENDED. B. GASSMAN Presiding Justice Dec. 14 1960 Part 3—Cal No. Gassman Galloway Breslin 123 Bill of Particulars. COURT OF SPECIAL SESSIONS County or New York. —~ State of New York, County of New York, The People of the State of New York, in the above entitled action, furnish the following as a bill of particulars. 1. Under Counts 1 through 62, it will be claimed that the defendant possessed with intent to sell, lend, give away and show the articles referred to therein. 2. At the times the articles referred to under Counts 1 through 62 were obtained by members of the Police Department of New York City they were not in the immediate physical possession of the defendant. Dated August 31, 1960. FRANK 8. HOGAN District Attorney To New York County Michael Kern 37 Wall Street New York, New York 368 369 124 370 Case and Exceptions. COURT OF SPECIAL SESSIONS, CITY OF NEW YORK, County or New Yorks, Part III. <> Tue PEopLte or THE StaTe or New York 371 agamst Epwarp MisHxIn, Defendant. os Calendar No. 5 Information No. 5014/60 Charge: Obscene Books TRIAL Held at 372 Criminal Courts Building 100 Centre Street New York 13, N. Y. October 24, 1960 Before: Hon. Edward F. Breslin, Justice Presiding. Hon. Benjamin Gassman, Associate Justice. Hon. Edward T. Galloway, Associate Justice. 125 Case and Exceptions Appearances : For the People: Melvin Stein, Esq., Assist- ant District Attorney, New York County, 155 Leonard Street, New York 13, N. Y. For the Defendant: Michael Kern, Esq., 37 Wall Street, New York, N. Y. (First call.) Court Officer: Five—Edward Mishkin. Assistant District Attorney Perry: Second Court Clerk: Mr. Stein is here. Court Reporter: Counsellor, may I have your name and address for the record, please? Mr. Kern: Michael Kern, K-e-r-n, 37 Wall Street, New York City. Mr. Stein: People are ready, Your Honor. Mr. Kern: Defendant is ready. Justice Breslin: All right. Marked ready. Court Officer: Marked ready. Have a seat, please. (Trial.) Justice Breslin: All right. Number 5. Court Officer: Five—Edward Mishkin. Justice Breslin: Are both sides ready? Mr. Stein: People are ready. Mr. Kern: Yes, Your Honor. Justice Breslin: All right. Proceed. Mr. Stein: Did you have anything you wanted to say? Mr. Kern: Yes. May I make a couple of mo- tions— Justice Breslin: Yes. Go right ahead. 374 376 377 378 126 Case and Exceptions Mr. Kern: —at the outset, if the Court please? I am directing myself to the information which was filed in the court by virtue—or pursuant to the presentation of evidence made to the Grand Jury of the County of New York. I respectfully move the Court at the begin- ning of this trial to dismiss each and every count of the indictment— Justice Breslin: Information. Mr. Kern: —on the ground that the same do not allege knowledge on the part of the de- fendent that the books allegedly possessed, Counts 1 to 62 inclusive, and the books allegedly published, Counts 63 110 inelusive, or for the publication of which the defendant allegedly hired other, Counts 111 to 159 inclusive, or upon which he allegedly failed to set forth the pub- lishers’ and printers’ names and addresses, Counts 160 to 198 inclusive, were, in fact, obscene, lewd, lascivious, filthy, indecent, masochistic, sadistic, and disgusting. I further move the Court to dismiss the infor- mation on the ground that the statute, Section 1141 of the Penal Law, is unconstitutional for the reason, among others, that the said statute fixes responsibility without. requiring knowledge or scienter on the part of the defendant of the counts allegedly violative of the law or such knowledge referred to in the motion preceding the one which is now made and tends towards a substantial restriction on freedom of speech and freedom of the press and thus violates the First Amendment of the Constitution of the United States providing that Congress shall make no law abridging the freedom of speech or of the press and the due process clause of the Fourteenth Amendment. 127 Case and Exceptions I further move the Court to dismiss the in- formation on the ground that the counts therein ccntained do not set forth a crime. Justice Breslin: All right. Your motions are denied. You may have an exception. Mr. Kern: I respectfully except. Mr. Stein: Your Honor, I have just a few preliminary statements I want to make, more in terms of indicating to the Court certain agree- ments Mr. Kern and I have entered into, and also explaining the information, which is rather complex. I will be extremely brief. For the benefit of the Court, I have taken the liberty of photostating the information. I have two additional copies, which I submit are ac- curate ones; and I would like to offer these to the two additional judges on the bench. (Sub- mits same.) Now, there are 198 counts in this information. They come under four separate provisions of the Penal Law. These are possession with intent to sell of these obscene books, publishing of an ob- scene book, hiring of other persons to prepare these obscene books, and for the violation of the General Business Law in that the defendant failed to state the true name and address of the publisher and printer of these works. There are several titles—fifty-one in all— which we allege are pornographic. There are, also, additional titles, for which we allege merely the violation of the General Business Law. But for most of these we allege to be pornographic we also allege the violation of the General Busi- ness Law. To assist the Court in following this testi- mony, I have prepared, with the consent of Mr. 379 381 " 128 382 Case and Exceptions Kern, certain charts, one copy of which I offer to Mr. Kern and one copy to each of the judges, which indicate each of the titles of the books found in the information. Now, to the left— Mr. Kern: Well, may I, at this point, ask the district attorney—I think this might be in the nature of a request—that he state particu- larly under which section he proceeds? Now, Mr. Stein said that the information is based upon four subdivisions— 383 Mr. Stein: Yes. Mr. Kern: —of Section 1141 of the Penal Law. I most respectfully disagree, and I think the Court should make a ruling now. Mr. Stein: I am sorry. Go ahead. Mr. Kern: I think that the publishing counts and the possession counts are rooted in the first subdivision of Section 1141 while the other two are in two other subdivisions, so that there are three. I simply wanted to be clear, Mr. Stein. Mr. Stein: I believe you misheard me, Mr. 384 Kern. What I said was “separate provisions of the Penal Law”. Indeed, the first three types of counts found in the information are all found under subdivision one of Section 1141— Justice Breslin: That is up to Count 159 inclusive. Mr. Kern: That’s what I want. That’s fine. Mr. Stein: Yes. —in two separate paragraphs thereof—publishing of certain printed material and hiring others. Publishing and hiring are worded together, but, indeed, under one subdivi- sion. Mr. Kern: Yes. ' —_ Case and Exceptions 385 Justice Breslin: Section 11—General Business Law? Mr. Stein: Section 330. Justice Breslin: Of the General Business Law? Mr. Stein: That’s right. I have additional copies of this Chart which I—perhaps we may mark as Court exhibits— which should make it easier to follow this trial. Mr. Kern: No objection to that. Mr. Stein: May we have this marked Court’s Exhibits A, B, and C? Justice Breslin: Court’s Exhibits A, B, and C will be so marked. (Court’s Exhibits A, B, and C so marked.) Justice Gassman: Mr. Stein, may I ask for the clarification of the Court,— Mr. Stein: Yes, Your Honor. Justice Gassman: —you said Count One to what? You got three— Mr. Stein: One through sixty-two, Your Honor, which is what I am going to go into right now. Justice Gassman: One through sixty-two. Mr. Stein: Possession with intent to sell. Justice Breslin: Sixty-three to 110 inclusive. 387 Mr. Stein: Deals with publishing. One-hun- dred-eleven through one-hundred-fifty-nine inelu- sive deals with hiring. Justice Gassman: I see, Yes. And 159— Justice Breslin: One-hundred-sixty to one- hundred-ninety-eight. Mr. Stein: One-hundred-sixty to one-hundred- ninety-eight, failing to print publishers’ and printers’ names and addresses. I think the chart is self-explanatory. There are a few things which lay behind the making — 389 130 Case and Exceptions of the the chart which I want to indicate to the Court so they can better follow the evidence as it is presented. Of course, to the left, the exhibit number may be put in, On the second page of this chart there appears a black line which extends across the entire page. That line I intend as dividing all of the above items which are found at one particular location during a raid on that premises. That’s 37 West 20th Street in New York County. All of the items found on Page 1 and on Page 2, extending to the first black line, are titles for which we allege possession with intent to sell; and all of those titles were found at 37 West 20th Street. Now, the next grouping of titles between the first black line and the second we also charge possession with intent to sell. However, these were found at a second location—a store en- titled “The Publishers’ Outlet Store”. Some of these titles which were found at the Publishers’ Outlet Store—indeed, many of them —were also found at the first location, at 37 West 20th Street. What I have done, then, rather than citing the name of the titles twice, is to put two num- bers on the first page. That is found under the column “possession”. So that if you were going down that column to “House of Torture”, you would see 14 and 40. That would mean that Count Number 14 charges possession with in- tent to sell for a book found on one day at 37 West 20th Street; Count 40 charges posses- sion with intent to sell for another book—for the same book found under another day at Publisher Outlet, and so forth on down. 131 Case and Exceptions Now, there is one book called “Bondage Cor- respondence”. That’s separated by two black lines. That book is found at a third location. We do not allege possession with intent to sell, but we allege other things. The three books at the bottom of Page 2 were found at still a fourth location. “Queen Bee”, on the very top of Page 3, was found at the Publishers Outlet on a day other than all those days about which we charge pos- session with intent to sell. This will be further elicited at the trial. The last grouping of books, found at Publishers Outlet and 37 West 20th Street, we do not charge the books are pornographic. We charge that is a violation of the General Business Law, and we set them forth. At this time, there are certain counts in the information, fourteen in all, which I ask to with- draw and to have them dismissed. Justice Gassman: What counts are they? Mr. Stein: These are Counts 33, 34, 35, 36, 54, 55, 56, 62, 94— Justice Gassman: Wait a minute. 64, 65— Justice Breslin: No. Mr. Stein: No. Just 62. Justice Breslin: 54— Mr. Stein: 54, 55, 56, 62, 94, 105, 143, 154, 191, and 195. Fourteen in all. Justice Breslin: All right. They will be dis- missed. Mr. Stein: Mr. Kern and I also have agreed to this: A great quantity of books were seized at the location 37 West 20th Street, some thousands of books. What I have done, at least for today, is to bring to court four copies of each title. 391 393 132 Case and Exceptions I intend to submit one in evidence, to give one to Mr. Kern, and to give additional copies to each of the other members of the bench. I have agreed with Mr. Kern, if it meets with the approval of the Court, to mark in evidence only one copy, so that we can dispense with the time necessary for marking all four of them. Justice Breslin: Is that agreeable? Mr. Kern: That’s marked for identification. Mr. Stein: For identification. If they are received in evidence. Mr. Kern: Yes. Mr. Stein: In addition, Mr. Kern and I agreed that I might, prior te trial, mark that one copy for identification only; and I and the stenog- rapher, Mr. Peterson, did that this past Friday,— Mr. Kern: Yes. Mr. Stein: —so that all the books which are to be offered in evidence have already been marked for identification only by Mr. Peterson and myself. Justice Breslin: That’s by agreement with Counsel? Mr. Kern: Yes, certainly, to save the time of the Court. Justice Breslin: All right. That’s fine. Mr. Stein: Just one word by way of the kind of evidence we hope to adduce here at the trial. I want to call to the Court’s attention that the better number of books involved here are not the normal types of volumes which are prosecuted in pornography cases. They fall within the specific provisions of 1141 dealing with sadism and masochism. There are, in addition, a great quantity of books which fall within the normal provisions of the pornography section of the Penal Law. 133 People’s Witness, George Plansker, Direct That’s all I have to say. Mr. Kern: May I, if the Court please, be clear as to one thing. Maybe I misunderstood or didn’t quite make myself understood. My understanding from the language in which the various counts are couched is that the. counts as to possession—possession for the purpose of sale, and the publishing counts, are all rooted in subdivision one of Section 1141,— Mr. Stein: That’s correct. Mr. Kern: —is that correct? I just wanted no mistake about that. And the others in—well, in subdivision 330 of the General Business Law? Mr. Stein: That’s correct. Mr. Kern: Thank you very much. Justice Breslin: All right. Mr. Stein: Inspector George Plansker. GEORGE PLANSKER, having been called as a witness, was first duly sworn, and testified as follows: Court Officer: All right. What is your name? The Witness: Inspector George Plansker, P-l-a-n-s-k-e-r, First Deputy Commissioner’s Of- fice. Direct Examination by Mr. Stein: Q. Inspector Plansker, how long have you been on the police force? A. Twenty-nine years. Q. I call your attention, sir, to January 12th of this year, 1960. On that date, were you on active police duty? A. Yes, I was. Q. And did you proceed to the premises 37 West 20th Street in New York County? A. Yes, I did. 397 ——y 134 400 People’s Witness, George Plansker, Direct Q. At approximately what time did you get there? A. Approximately one o’clock. Q. And by whom, if anyone, were you ac- companied? A. I was accompanied by five—five other police officers. Justice Gassman: By whom? The Witness: Five other police officers. Q. Did you go to those premises pursuant to a search warrant? A. Yes, I did. Q. And would you briefly describe the prem- ises to us? A. We went to a basement of a loft building. There was an oil burner down there and a large room—a bunker—what I call a bunker room. It was a room about 25 by 30, all enclosed by brick except for one opening approxi- mately 30 by 30 which had a metal door on it. Q. What did you do in those premises, sir? A. I opened the metal door and peered inside of this room, and I observed therein a quantity of books and magazines. Q. Did you do anything with those books? A. Yes, I did. 402 Q. What did you do, Inspector? A. I seized them all. Q. Would you describe the process whereby you did this, briefly, please? 401 Mr. Kern: May I simply qualify the testimony of the witness and ask for the date of the search warrant, the court which issued the search warrant? Justice Breslin: Yes. Mr. Stein: I subpoenaed the search warrant from the record of the Magis- trates’ Court. It was delivered to me this morning. The search warrant came ee pen nt te oreo 135, People’s Witness, George Plansker, Direct from the Magistrates’ Court of this county, the Felony Part, signed by Judge David Malbin; and the date which ap- pears therein—well, the affidavit request- ing it was signed on the 12th day of Jan- uary, 1960; and since the raid was the same day—a search warrant dated the 12th day of January, 1960. Mr. Kern: May I examine it, if the Court please? Justice Breslin: Yes. Did you secure the warrant? The Witness: No. Lieutenant Dimler of my office did. Justice Breslin: He went to the Magistrates’ Court? The Witness: The Felony Court, yes, sir. Justice Breslin: All right. That was before you went up to these premises? The Witness: Yes, Your Honor. Justice Breslin: All right. Go ahead, Mr. Kern. Q. Now, Inspector, you say you seized— Justice Breslin: Wait. Do you want to question him, Mr. Kern? Was this lieutenant with you— The Witness: Yes, he was. Justice Breslin: —-the one who secured the search warrant? The Witness: Yes. Justice Breslin: Do you expect to call him as a witness? Mr. Stein: Yes, I do. 403 408 136 People’s Witness, George Plansker, Direct Mr. Kern: Well, this is all, then, sub- ject to my examination of Lieutenant— Mr. Stein: Dimler. Mr. Kern: —Lieutenant Dimler— Justice Breslin: Yes. Mr. Kern: —as to the adequacy of the search warrant. Justice Breslin: Yes. Mr. Stein: I may state for the record I don’t think the adequacy of the search warrant has anything to do with the facts in this particular case. Even if the search were illegal, the evidence seized therein is admissible. Justice Breslin: Well, he has a right to inquire. All right. Go on. Q. Inspector, will you please tell us about this quantity of books which you removed from the bunker room in that basement? A. Two of my men went inside of this bunker room and passed the books out through the opening that I just spoke of where several lieutenants made note of the various titles and an inventory of each title, and we wrapped them, and we put them in car- tons and sealed the cartons. ’ Q. Now, Inspector, approximately how long did this entire process take? A. The 12th and the 13th. Justice Breslin: Inspector, I think you indi- cated that this room, which you described as a bunker room, was about 25 by 30? The Witness: That’s right. Justice Breslin: You mean feet? The Witness: Yes, sir. Justice Breslin: How high was this room? 187 People’s Witness, George Plansker, Direct The Witness: About 12 feet high. Justice Breslin: All right. Now, you also in- dicated that there was one opening, through a metal door, the opening was about 30 by 3017 The Witness: That’s right, Your Honor. Justice Breslin: Inches? The Witness: 30 by 30 inches. Justice Breslin: All right. And it was through that door that you removed these books from the bunker room, is that right? The Witness: That’s right. Justice Breslin: Go ahead. Q. Inspector, how long did this process take? A. Approximately two days. Q. Would you give us the times quickly, please? A. We went there about one on the 12th, and we quit at five. I put uniformed men in charge of it while I was gone, and we returned the next morning at nine A. M.; and we worked until about one-thirty P. M. Q. Inspector, I am going to show you certain books now; and I am going to ask you to identify them. Inspector Plansker, at this time I show you People’s Exhibits 1 through 33 inclusive and ask you whether you can identify these? Mr. Kern: Can we not save time by— I’m quite sure the inspector will testify that those are the books which were seized. Mr. Stein: Fine, fine, Mr. Kern. Q. Inspector, Exhibits 1 through 33 inclusive which are found in the carton before you now, were these all among the books which you seized at the premises on that date? A. Yes, they were. 409 410 411 412 188 People’s Witness, George Plansker, Direct Q. Inspector, I also show you Exhibits 34 through 42 for identification and ask you if these, too, were among the books seized in the premises on the date in question? A. Yes, they were. Q. Inspector, I call your attention to Decem- ber 29th of—Oh, one moment first. Inspector, would you tell us approximately—or exactly, if you can—how many eepies of People’s Exhibit 1 you removed? Mr. Stein: Now, Mr. Kern, if you wish to stipulate at this time to the amount, I would merely read off the amount, if you wish to? Mr. Kern: No, no, I ean’t do that. Mr. Stein: Well, will you stipulate that the return of the seareh warrant contains eertain amendments which you and I can read together? Mr. Kern: If he can’t testify from his recollection, then I submit to the Court I certainly will have no objection to his re- ferring to any document for the purpose of refreshing his recollection. Mr. Stein: In this case we will have to have this inspector give each book in- dividually, which is what I attempted to avoid just a minute ago. I will have to ask the inspector about each book individ- ually. Mr. Kern: Well, the reasons why I can’t agree as to the number of books— Mr. Stein: Whatever you wish to do, Mr. Kerns. Justice Breslin: All right. Go on. —— ne 139 People’s Witness, George Plansker, Direct 415 Q. Inspector, will you tell us how many copies of People’s Exhibit Number 1 for identification you seized? A. I will have to refer to some of my records. Q. Fine. Go right ahead. A. “Chances Go Around”— Mr. Stein: Do you have any objection to reading off the titles, Mr. Kern? Mr. Kern: No, no. But may it appear that this witness is refreshing his recol- lection from some document he is ex- 416 amining ? Justice Breslin: Yes. Q. “Chances Go Around”? A. One hundred fifty-eight copies. Justice Gassman: One hundred fifty- eight of Exhibit 1. Q. Exhibit 2, “Impact”? A. One hundred eighty-four. Q. Exhibit 3 for identification, “Female Sul- tan”? A. Two hundred seventy-three. Q. Exhibit 4 for identification, “Satin Satel- 417 lite’? A. Three hundred. Q. Exhibit 5 for identification, “Her High- ness”? A. Fourteen hundred and sixty-six. Q. Exhibit 6 for identification, “Mistress of Leather”? A. Nine. Q. Exhibit 7 for identification, “Educating Edna’? A. “Educating Edna”, thirty-five. Justice Gassman: Thirty-five? The Witness: Thirty-five. Q. Exhibit 8 for identification, “Strange Pas- sions’? A. Two hundred. 418 419 140 People’s Witness, George Plansker, Direct Q. Exhibit 9 for identification, “The Whipping Chorus Girls”? A. Thirty-five. Q. Exhibit 10 for identification, “Order of the Day” and “Bound Maritally”? nse — EOE ae SLIGO LOL TOT LW, 411 People’s Witness, Leotha Hackshaw, Direct you that he wanted something in the book. Now, - what did he say to you? The Witness: Weill, he wanted a book in which there were lesbian scenes, the sex had to be very strong, it had to be rough, it had to be clearly spelled out. In other words, I eouldn’t be subtle about it; I had to write sex very bluntly, make the sex scenes very strong. Q. Where did you have this conversation with him? A. In the store—42nd Street. Q. Were you paid for this book? A. Yes, I was. Q. By whom? A. Mr. Mishkin. Q. Personally? A. Yes. Q. Where? A. In the store. Justice Breslin: What were the words used? You said there were some words that you de- scribed as “naughty” were used. What do you mean by that? Madam, we have heard all the words; and you have heard them, too, according to your own testimony, from the defendant. I just want you to repeat them. What were they? The Witness: Well, the sex scenes had to be unusual sex scenes between men and women, and women and women, and men and men. Justice Breslin: In what way? Did he go into detail? The Witness: Yes. He described what he wanted and, too, showed me the other books that he had there. Justice Breslin: What did he say? What did he say? The Witness: Er, he wanted scenes in which women were making love with women, and that sort of thing. 1231 1232 1233 412 1234 People’s Witness, Leotha Hackshaw, Direct Justice Galloway: Well, he used more graphic language, I assumed, did he, from what you said earlier? He used naughty words, is that what you said? Mr. Stein: I believe the witness said he wanted naughty things. Justice Galloway: I don’t know. Justice Breslin: No, no. Mr. Stein: I am sorry. Justice Galloway: Whet did he say? That’s 1235 all we want to know. The Witness: He brought out books and showed me,— Justice Galloway: Yes? The Witness: —that had been written; and he said he wanted sex scenes like these in which there were lesbian scenes. He didn’t call it lesbian, but he described women making love to women and men were making love to men, and there was spankings and scenes—sex in an ab- normal and irregular fashion. Justice Galloway: That was, in substance, the 1236 conversation in any event, is that correct? The Witness: Yes. Justice Galloway: All right. Q. How much were you paid for the book, madam? A. Two hundred dollars. Justice Gassman: Well, before you get to how much you were paid, what did you say to what he said to you? The Witness: He wanted to know if I could write it. Justice Gassman: What did you say? 1S Bib ——— ———————— 413 People’s Witness, Leotha Hackshaw, Direct The Witness: 1 told kim I had never written it, and I considered myself a carte blanche and I could write anything if I knew what I was to write. ; Justice Gassman: Did you finally tell him you would write that book— The Witness: Yes. Justice Gassman: —as outlined by him? The Witness: Yes. Justice Gassman: And you were supposed to get how much? The Witness: Two hundred dollars. Mr. Stein: I am through with the book now, if Your Honors have any questions. Justice Galloway: Did you get paid for doing the book? The Witness: I was paid for that book. Justice Galloway: How were you paid? The Witness: Paid me in cash in the store. Justice Galloway: Where? The Witness: In the store. Justice Galloway: Where was the store? The Witness: On 42nd Street and 8th Avenue. Justice Breslin: May I see the exhibit? (Same handed to His Honor.) Q. Do you recall the name of the store, madam? A. I think it is the Publishers’ Outlet. Q. I show you now People’s Exhibit 25 and also 59, which is a second copy of the same book, the book entitled “Masque”. I ask you, madam, whether you can identify those copies? A. Yes. It’s my book. I wrote it. Q. You wrote that book, is that right? A. 1237 1238 1239 1240 1241 1242 So PINT y ras wie. Sy — — SEES TET SENS SL RIA R I ye SSRIS a REE Ra ae anata on arma Seta 414 People’s Witness, Leotha Hackshaw, Direct Q. Approximately when did you write it, madam? REAR RRS " , = . Se SOEs 2 GER GR UE RB CA RON oa aS it POOLE NE ONT ie. 540 1618 People’s Witness, Gene Bilbrew, Cross Justice Gassman: Psychology of what type of work? The Witness: The work that’s here. Justice Gassman: But you didn’t read the book. How did you know that the cover was going to fit the book? The Witness: Actually speaking, I didn’t. Justice Gassman: You just made a cover with- out knowing whether it fitted the book or it didn’t fit the book? The Witness: That’s the way I have been working. Justice Gassman: And you say that Mr. Mish- kin paid you for it? The Witness: That’s correct. Q. Now, sir, I show you again People’s Exhibit 26-A. Do you know, sir, whether this particular drawing has anything to do with this book—the book involved? A. No, I couldn’t say. Q. What you did was make a drawing and of- fer it to Mr. Mishkin— A. That was it. _ QQ. —a drawing of a female? A. Correct. 1619 1620 Mr. Stein: You may inquire. Cross Examination by Mr. Kern: Q. Mr. Bilbrew, you are doing work for Nu- trix Publishing Company now, aren’t you? A. I am. Q. You are still working for them to this very day, isn’t that sof A. Correct. Q. And you have been working for them for a long time? A. Correct. Q. As a matter of fact, in the current issue of a number of periodicals your pictures are 40 LESLIE RISTO LRTI PLIERS SEA ON REED TINT —— 541 People’s Witness, Gene Bilbrew, Cross advertised for sale, isn’t that correct? A. That’s right. Q. And you have been selling your pictures? A. Correct. Q. Now, do you mean, Mr. Bilbrew, that—l withdraw that. Would you see Mr. Mishkin when he asked you to draw the pictures somewhere in New York? A. Yes. Q. Was this meeting by chance? A. The ma- jority of times it actually was. Q. You had met him by chance, right? A. Correct. Q. And he would say to you, “Draw me a picture,” right? A. That’s it, yes, sir. Q. And you would come down the next day or the day after that with a picture? A. Correct. Q. And you always drew different pictures, is that correct? A. Correct. Q. You knew what type of book the picture was going on, didn’t you? A. I had a vague idea of what the picture was going to be used for. Q. Well, you said a moment ago, in answer to a question, that you were familiar with this type of psychology, I think. Is that what you said? A. That’s correct. Q. When you say “this type of psychology” you mean the type of book that you were going to illustrate, isn’t that correct? A. That’s cor- rect. Q. Now, you say you never read one of these books? A. I have never read one of those books. Q. But you did read a manuscript? A. Yes. Q. You don’t remember the name of the manu- script? A. No, I do not. A ee eae . 7 PEATE NUT RMSE PRR 1 EINER TY ST BESTT MAS, 1621 1622 1623 a 542 1624 People’s Witness, Gene Bilbrew, Cross Q. Do you remember what it was about? A. That I can’t recall either. Q. Do you remember the type of psychology that was portrayed in that book? A. It was to specify a girl that wore corsets, high-heeled shoes, boots, ete. Q. Yes. And that’s what you meant a while ago when you said that you were familiar with this type of psychology? A. I just turned it out. Q. Right. And you knew, Mr. Bilbrew, did you not, that when you were asked to make—to draw a picture for the cover of a book it was for that type of book? A. Correct. Q. Isn’t that correct? A. Correct. Q. You heard the term “bondage books”? A. I have. Q. Flagellation? —_ Tue Preorte or THE State or New Yorx against Epwarp MisHxrn, 1823 Defendant. Cal. No. 10 Inf. No. 5014/60 —— Continued Trial On: October 28, 1960 At: 100 Centre Street, New York 13, N. Y. Before: Hon. Edward F. Breslin, Presiding Justice; Hon. Benjamin Gassman, Hon. Edward T. Galloway, Associate Justices. 1824 Appearances: For the People: Melvin Stein, Esq., Assistant District Attorney, New York County. For the Defendant: Michael Kern, Esq., 37 Wall Street, New York, N. Y. 609 Colloquy Court Officer: Continued trial, number 10, Edward Mishkin! Mr. Stein: If your Honors please, Mr. Kern and I yesterday agreed to stipulate to the testimony of one witness, a binder, and I ask Mr. Kern if this stipulation is agreeable to him: If one Lawrence De- Nino would testify, he would testify that he is a binder at the York Bindery m __ New York :county,. that. he bound a book entitled Female Sultan, People’s Exhibit ‘Number 3, sometime in the month of No- vember, 1959, and that he’ bound ‘approxi- mately 2,500 copies of that: hook and re- -- ceived $64 for it. Justice Galloway: Who seeneiiiil it? Mr. Stein: At the request of Mr. Nor- . ‘man: Levenberg, and that he billed the Norman Offset firm for that binding job, that he also did another group of bind- ings for Mr. Levenberg and billed the - Norman Offset firm, this group consisting ef the so-called black and. white books -we have offered in evidence, specifically, . People’s: Exhibits 14 through 20, inclusive, and 46.through 56, inclusive, and that he bound most of those editions during the month of November, 1959, having received the material for them from .Mr. Leven- berg in approximately August of 1959, and doing the job in August, September, October, and most of it in November, and giving portions of the completed job to Mr. Levenberg a little at a time, as Mr. Levenberg requested. + ag ee ye a aed 610 1828 ; Colloquy Justice Breslin: What’s his name again? Mr. Stein: Lawrence DeNino. Justice Breslin: And his address? Mr. Stein: His address is 546 80th Street in Brooklyn. Excuse me, his ad- dress is 37 West 20th Street, the York Bindery Corporation. Justice Breslin: You will stipulate, Mr. Kern, that he will testify to that effect without conceding the truth of his testi- 1829 a Mr. Kern: That is correct, your Honor, that he will so testify, except for these two objections, which I have been making right along. First of all, that anything this witness DeNino did—and these ob- jections have been entered on the record since the start of the trial—was for and at the request of Levenberg, not of the defendant, and without any contact with this defendant and that such testimony is not binding on this defendant and is therefore irrelevant and immaterial and 1830 not binding on this defendant. That’s my first objection. Secondly, as to dates, I think at the beginning of the testimony of one of these supporting witnesses, some of them were prior to two years before the date of the Information and I asked I be allowed a blanket objection and ex- ception and the Court said that was so. Now I didn’t repeat this objection made at the beginning of the testimony of the witness Billgrow, a young man who said he was an artist, and it goes for that wit- ness too, I understand? " 611 Colloquy Justice Breslin: Yes. Mr. Kern: And I have my objection and my exception as I do to this stipulated testimony? Justice Breslin: Yes. Mr. Kern: Thank you very much. Mr. Stein: May I make one correction to the stipulation, if it’s all right; that Mr. DeNino first received the books in Sep- tember, rather than in August. Justice Breslin: September of ’59. Mr. Stein: Through November. Justice Galloway: And that Mr. DeNino did not know Mr. Mishkin? Mr. Stein: I will so stipulate; that’s correct. Your Honors, at this time I offer in evidence as People’s Exhibit 91, a certified copy of a Certificate of Incor- poration— Justice Gassman: You’re past 92. This should be 93. Justice Galloway: 91 is the mortgage agreement and 92 is the ledger sheet of Oscar Shallow. Mr. Stein: I’m sorry, your Honor. I offer in evidence as People’s Exhibit num- ber 93 a certified copy of a Certificate of Incorporation filed in the Clerk’s Office of New York County for Main Stem Books, Ine. Mr. Kern: May I see it?—I object to it on the ground that it’s irrelevant and immaterial and incompetent to prove any- thing required of the prosecution by virtue of the Information and any count con- tained in the Information. 1831 1832 —————————agg 612 1834 Colloquy Justice Breslin: What’s the purpose of it? Mr. Stein: Your Honor, testimony has previously been adduced concerning a seiz- ure of at least one item of. evidence, I believe People’s Exhibit Number 68, at the Main Stem Book Store. Mr. Kern: In January, 1960. Mr. Stein: I recall Mr. Kern asking each: person whether the defendant Mr. 1835 Mishkin was present. I intend to show, ' firstly,. by this offer, that Mr. Mishkin was listed as a stockholder of ‘this cor- poration and also as an officer at the time of the formation ef the corporation, and that its purpose was to publish, print and distribute books, and that he remained an officer of the corporation down through the period of time set forth in the. Informa- tion. : Justice Breslin: You can’t show it through this. Mr... Stein: ‘Through the next witness, 1836 but this at least shows he was an officer when it was incorporated. Justice Gassman: What is the date of the certificate? Mr. Stein: The sestiiente was filed September 15, 1958. Justice Breslin: We’ll receive it. . Mr. Kern: There was a seizure in January, 1960.. He may have owned this shop in ’57 or ’58, but he had no con- nection with it during the period set forth in the Information, 613 People’s Witness, Robert S. Tyson, Direct Justice Breslin: The right is still re- served to you to strike it out if it’s not properly connected. Received in evidence. (Certificate of Incorporation of Main Stem Books, Inc., is received and marked People’s Exhibit No. 93 in evidence.) ROBERT §. TYSON, called as a witness by the People, having been first duly sworn, testi- fied as follows: Court Officer: What is your name? The Witness: Robert S. Tyson. Court Officer: Your home address? The Witness: 530 DuBois Avenue, Valley Stream, New York. Court Officer: And your business or occupa- tion? The Witness: I’m an attorney. Court Officer: Keep your voice up, please. Direct Examination by Mr. Stein: Q. Mr. Tyson, you are associated with a law firm in New York County, is that correct? A. Yes, sir. v | Q. And the name of that law firm, sir? A. Sincerbeaux & Shrewsbury. | Q. That’s located at 55 Liberty Street, is that correct? A. Yes, sir. Q. And is your firm related or in some way associated with the corporation, 1603 Broadway Realty Company, Inc., of the same address? A. Yes, we’re the attorneys for that corpora- tion. 1837 1838 errr eerie f 614 1840 People’s Witness, Robert 8. Tyson, Direct Q. And indeed, sir, you set up the corporation, is that correct? A. Yes, we did. Q. And are you, sir, an officer in that corpo- ration? A. I am, I’m the secretary. Q. You’ve been the secretary since 19377 A. Yes. Q. Does that corporation control certain real estate located at 1603 and 1607 Broadway? A. Yes, it does. It’s the net lessee. Q. And do those premises include a store 1841 immediately next to and north of the entrance of the Trans Lux Theatre known as the Main Stem Book Store? A. Among the stores in the building of which the corporation is the les- see is a store just to the north of the theatre entrance which was at one time leased to Main Stem Books. Q. Now, sir, I ask you if you know the de- fendant in this case, Edward Mishkin? A. I recall seeing him on one occasion, yes. Q. And approximately when was that, sir? A. That was in September of 1958. Q. And did you enter into any negotiations 1342 with Mr. Mishkin at that time? A. Mr. Mishkin was present at a conference that I attended and which he was represented by an attorney, and also there was a mister, I believe his name was Schenkman, an associate of his, and also a Mr. Ringle, who is the building manager of our building at Broadway and 4Sth Street. Q. Do you remember the name of the attor- ney that was present? A. No, I do not. Q. Now, sir, what did those negotiations con- cern? A. They concerned a prospective leasing by Mr. Mishkin and his associate of the store known by the number 1607 Broadway, which is — 615 People’s Witness, Robert S. Tyson, Direct 1843 located just north of the theatre entrance in our building. Q. Was a leasing of the store consummated on that day, sir? A. No, it was not. Q. Was a leasing of the store consummated at any other time? A. At some later date a lease was entered into between the corporation and Main Stem Books. Q. Sir, I now show you a piece of paper from which I remove an additional piece of paper which is stapled to the top and I ask you, sir, jg44 whether you can identify this piece of paper? A. Yes. This is a lease of that store, which I prepared and signed on behalf of the corpora- tion. Q. And your signature appears on there, is that correct? gepereey . ahs . iad Sa = ate ta ns Sa 2002 2003 > 2004 668 Defendant’s Witness, Frank Adler, Cross Q. And that’s the reason you carried the message and that’s the reason you are testify- ing here for Mr. Mishkin, is that right? A. Well, I thought he wanted me to carry a message, and I thought—I didn’t know what the—if it would help anybody. I didn’t know what the— Q. Well, you just wanted to help people,— A. Yes. Q. —is that right, sir? A. Well, in that par- ticular case, yes. Q. Have you ever worked for Mr. Mishkin, Mr. Adler? A. No, sir. Q. You never worked for Mr. Mishkin? A. (Witness shakes his head negatively.) Justice Breslin: Did you see Mr. Mishkin after that conversation you had with Levenberg? The Witness: Did I see him afterwards? Justice Breslin: Yes? The Witness: Well, I have seen him off and on. Justice Breslin: “Did you see Mr. Mishkin,” I said. The Witness: Yes. Justice Breslin: When? The same day? The Witness: Yes. He was around there. That’s why he told me to approach him. Justice Breslin: Where did you see Mr. Mishkin? The Witness: He was at the Publishers Out- let Store. Justice Breslin: And you met this other lad —Levenberg—at 43rd Street and 8th Avenue? The Witness: 42nd near 8th Avenue. Justice Breslin: Near 8th? The Witness: Yes, sir. 669 Defendant’s Witness, Frank Adler, Cross Justice Breslin: How far from there is this pook shop, the Publishers Outlet? The Witness: Well, it is practically about 200, 300 feet, I imagine. Justice Breslin: I see. What did he first say to you when he spoke with you, he wanted to get in touch with Mishkin? The Witness: Well, this Roundy came over and approached me. He said, “This is a fellow by the name of Norman. He had some difficulty with Mr. Mishkin”— Justice Breslin: Yes? The Witness: “—and maybe you could—he wants someone to carry a message to him.” Justice Breslin: I see. All right. Q. Mr. Adler,— A. Yes, sir? Q. —you stated before -that Mr. Levenberg told you that he had been arrested for the possession of the books and he was in trouble and he wanted to leave town, right? That’s what he said to yout A. Well, he didn’t exactly say that. He said that he was in trouble. Q. Did he say he had been arrested? A. That I don’t exactly remember. I am— Q. You testified to this earlier. Were you correct or incorrect when you said he said he had been arrested? A. I am not sure. Q. You were incorrect when you said that, is that right? A. It could be, yes. T am not sure. Q. Mr. Levenberg, you state, also—that is, Mr. Levenberg said that he wanted to leave town or change his testimony, is that correct? A. Yes, sir, that’s what he said. Yes, sir. Q. Did you see him after March 9th, sir? A. No, sir. 2005 2007 2008 2009 2010 670 Defendant’s Witness, Frank Adler, Cross Q. Did you have this conversation—What date did you have this conversation with him? A. Well, the exact date, I don’t remember. It was about a couple of months ago. Q. A couple of months ago? A. Yes. Q. Now, if I told you that Mr. Levenberg had already testified in a Grand Jury by March 9th, and if I told you that Mr. Levenberg had a wife and four children, would your testimony still be that he either wanted to change his testimony or leave town? Yes or no? Mr. Kern: Never mind that. I object to that. Justice Breslin: Sustained. Bad in form. Mr. Stein: Sustained? Justice Breslin: Yes. Justice Gassman: Tell me this: Did you have the appointment to meet this man Roundy that day? — The Witness: No, sir. Justice Gassman: Just met him by pure acci- dent? The Witness: I just ran into him accidentally, sir. Justice Galloway: Well, did you know this fel- low before—Levenberg? The Witness: Mr. Mishkin? Justice Galloway: Levenberg? The Witness: Oh, no, never met him before. No, sir. Justice Galloway: Well, didn’t you say to him, “why don’t you deliver your own message to him”? . The Witness: No, sir, I didn’t say that. No. — 671 Defendant’s Witness, Frank Adler, Cross 2011 Justice Galloway: You didn’t say that to him? The Witness: No, sir. Justice Galloway: Well, wouldn’t that have been sort of a normal thing to say? The Witness: Well, I—I don’t know. I just thought that I carried a message, and I just didn’t know if it would do any good or bad. I just carried the message. I thought that was the right thing to do, I don’t know. Maybe I did wrong, but I— Justice Galloway: Didn’t you say to him, “There’s his book store over there. At that book store, you can find him. It is only a couple of hundred feet. Go up and tell him yourself or call him up”? The Witness: Well, they were on the outs, I believe. That’s why they weren’t talking to each other. And when I carried the message to Mr. Mishkin, he said he didn’t want to have anything to do with him, he is not interested in anything. Justice Galloway: I see. Q. Mr. Adler, when Mr. Levenberg told you, 2013 you just went to Mr. Mishkin and carried the message, is that right? A. That’s right. Q. Now, what Mr. Levenberg was asking Mr. Mishkin to do was a terrible thing, wasn’t it? A. Well, it must be. I imagine it is. Q. Yes. It is a shakedown, isn’t it? A. Well,— Q. “I will lie or leave town if you pay me,” isn’t that it? Mr. Kern: I object to that. Justice Breslin: Sustained. 2012 NREL ETON LIED BP TLILIES IEE OE ORG 2014 2015 2016 672 Defendant’s Witness, Frank Adler, Cross Q. But all you did, sir, was to go to Mr. Mish- kin and deliver the message, right? A. Right. That’s all I did, sir. Q. Mr. Kern asked you something about whether you had ever been convicted of a crime before. A. Yes, sir. Q. You left one out, didn’t you? A. What was that one? Q. Well, you tell me. How many times have you been convicted of a crime? A. Well, it is twice, yes. Twice. Q. Oh, you left one out before? A. Yes. Q. Do you remember when that took place? A. Well, that was sometime ago. Q. Would it have been *467 A. Could have been, yes, sir. - Justice Breslin: What was that for? The Witness: That was for petit larceny, see. I had a $25.00 fine at the time. I was drinking. It was petit larceny. Justice Breslin: Petit larceny? The Witness: That’s right. Justice Breslin: All right. . Q. Now, when you were convicted of viola- tion of the pornography statutes of this ‘state, what kind of books were involved? Do you re- member? A. Well, they are obscene books. Q. They were obscene books? A. Yes. I didn’t have them in my store. They said that I sent the customer to a certain place that—where they were bought. Of course, I—I pleaded guilty, and that was it. Q. There were nine cartons of books, right? A. Yes, sir. a 673 Motions 2017 Q. And they had stories of people being beaten, sexual flagellation, and so forth, right? A. Yes, sir. Q. And you told the police that the books were yours, right? A. No, I didn’t say they were mine, They were—They didn’t ask me if they were mine. They looked the person up that had these books. I didn’t have these books in piy store. @. I see. But they were yours, weren’t they? A. No, sir, they weren’t mine. Q. But you pleaded guilty? A. I pleaded guilty because they claimed that I sent the customer up to this particular person. Q. I see. Justice Breslin: All right. Is that all? Mr. Stein: That’s all. Justice Breslin: All right. Step down, sir. Mr. Kern: That’s all, if the Court please. That’s the defendant’s case. Mr. Stein: People rest, Your Honor. Justice Breslin: And the defendant? Mr. Kern: The defendant rests. Justice Breslin: We will hear motions now. 2019 Mr. Kern: Now, if the Court please, I re- spectfully move to dismiss this information on three grounds: First: That the prosecution has failed to prove beyond a reasonable doubt that, as charged in Counts 1 to 62 of the information, inclusive, the defendant sold, lent, gave away, distributed, showed, or offered to sell, or possessed with in- tent to sell, lend, give away, certain obscene, lewd, lacivious, filthy, indecent, sadistic, maso- chistic, and disgusting books, magazines, pam- phlets, story paper, writing, or paper of an in- 2018 eS rt cs cans EIR 9 LTR RII RE PEST NEO IE AE TE TE ee OO OP 2020 2021 2022 674 Motions decent character, under any titles listed in any one of the 62 counts of the information referred to. I move to dismiss, further, on the ground that the prosecution has failed to prove beyond a rea- sonable doubt that the character of these vcoks or writings come within the meaning of the description in Section 1141 of the Penal Law; that is, that any of those books were obscene, lewd, lacivious, filthy, indecent, sadistic, mas- ochistic, or disgusting. I further move to dismiss the information on the ground that Section 1141 of the Penal Law is unconstitutional in that it violates the First Amendment of the Constitution of the United States, which declares that Congress shall make no law abridging freedom of speech and freedom of the press, and that the said section is further in violation of the Fourteenth Amendment of the Constitution of the United States, which for- bids the states of the Union to infringe upon the principle which is contained in the First Amend- ment to the Constitution of the United States; and I further move to dismiss the information on the ground that the same violates the Constitu- tion of the State of New York. Now, if the Court please, may I direct the Court’s attention to the fact—this is not for the purpose of any extended argument, but only for the purpose of illustrating the grounds for the motions to dismiss. The prosecution charges in the various counts of this information that this defendant possessed the books and papers which are complained of. As a matter of fact, in the bill of particulars, ~Y " En, Te eee Nip Oe Ar, * . oie gale esti a. c A SETA tee ade eta Sr PRED E REIS OF CN TNS RNIN ABST Ye HEANOR NCES DO Tea Mage is Boma, ROS ae oc 33 —— 675 Motions which is to be considered, of course, part of the ‘nformation on file in this court—the bill of particulars furnished by the district attorney pursuant to the order of this court, dated August 31, 1960, the case of the prosecution rests—at least the counts from Number 1 to 62, inclusive —upon the claim that the defendant possessed with intent to sell, lend, give away, and show the articles referred to therein. And, furthermore, pursuant to the second paragraph of that bill of particulars, that at the time the articles re- ferred to under Counts 1 through 62 were ob- tained by members of the Police Department. They were not in the immediate physical pos- session of the defendant. Now, I respectfully submit—and this further is in support of motions which are made—that the evidence shows that police officers went to premises in a certain basement at Number 37 West 20th Street—24 West 20th Street, Borough of Manhattan, State of New York. At those premises there was a quantity of books; as a matter of fact, most of the books which are the subject of this information were seized at those premises. The evidence is beyond dispute that this defendant had no connection whatever with that basement. As a matter of fact, the point which I am making is rooted further in the fact that the prosecution has had, in support of the essential element of possession on the days mentioned in the information, the testimony of Norman Levenhberg, who must he considered an accomplice in this case. I don’t believe the Court will disagree when I say that the facts may he proved in a court of law, and certainly in a criminal case, in 2023 2024 SOA NAR EY NDP ARIS ANETRSS ENA TIL A ABT TERS 2027 2028 676 Motions certain ways. There is direct evidence, and there is circumstantial evidence; and in these particu- lar cases, being precise about the counts in the information, possession may ke actual or it may be constructive. I don’t believe that the prosecu- tion will contend for one single moment that they have proven actual possession. As a matter of fact, the bill of particulars intimates that they are relying upon constructive possession. Now, again I respectfully submit that the prosecution in this case is attempting to prove constructive possession by circumstantial evi- dence, because there is not a single iota of evi- dence in this case anywhere that this defendant at any time on any day mentioned in any one of these counts had physicial possession of these books. and papers which are complained of. Now, Your Honors, if this case—Well, I say just plainly and frankly that I have never seen a case where, as in this case, all of the evidence, or all the conclusions that the Court is asked to reach in this case, are the result of at least one inference. based upon at least one other in- ference. I need not labor the rule of law with regard to circumstantial evidence. None of these books. are items in evidence having been found in the immediate physical possession of this de- fendant, then the prosecution must be relegated to prove by circumstantial evidence. And again I submit they cannot prove posses- sion by the testimony of an accomplice unless that accomplice’s testimony is corroborated; and there is no corroboration of Levenberg’s testimony that on the 12th day of January, 1960, the books which were in the basement, which had been removed by him into the basement from Room 908, which 677 Motions he, himself, had leased from the owner of the puilding, and books which he had removed from the basement, or from Room 908, to a storeroom out in the Bensonhurst section of Brooklyn, premises which were rented by him, which were paid for by him, with which this defendant never had any physical—any written connection, then that is not sufficient to establish possession in ac- cordance with the claim in the bill of particulars on the part of this defendant. Now, the prosecution attempted to prove pos- session of books in a place of business known as Publishers Outlet and another place of business known as Midget Book Store. Now, I respectfully submit that the prosecu- tion’s proof has fallen far short of proving that this defendant owned or possessed or controlled any books—certainly the books in evidence here today—located in Publishers [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386411_0230%3A01. Public record. Not legal advice.