May 15.
Before the Hoy. Jupce Losrncier.
U.S. v. "Sin Wan Pao" Ca.
Judgement was delivered on Saturday in the case in which the "Sin Wan Pao" Ca. is charged with with advertising the sale of indecent literature. Mr. Chauncey Holcomb, U.S. District Attorney prosecuted and Mr. W. 8. Fleming appeared for the defence. In giv judgement, his Lordship sai "Phe defendant is a corporation organized under the laws of Delaware and registered at the Ameri can Consulate-Genera in Shanghai, where it maintains and publishes, in the Chinese language, 2 daily newspaper of large circulation. The information before us charges it with having "published a notice stating where certain obscene, lewd and indecent books may be obtained," and the District Attorney asks for a conviction under the statute penalizing.
"whomever sells," or offers to sell, give away any obscene, lewd, or indecent book, pamphlet, drawing, engraving, pictttre, photograph, instrument," or article of indecent or immoral use, or advertises the sume for sale."
The language further set out in the information fully sustains the averment for the mere titles of these books, as translated in the information, are unfit to be reproduced here. The defendant, by its duly authorized attorney, enters a plea of guilty, but at the same explains that the advertisement of the books was accepted for publication and inserted in the paper by a Chinese employee without the knowledge of the directors who are, it is but fair to state, gentlemen of excellent reputation.
A Corporarion's Respowsieitity.
But, notwithstanding the plea of guilty, we must, before imposing sentence, determine whether the offence is one which the corporation, as such, could commit or
Text read from the printed page and cleaned; old type leaves the occasional error.