[3] “John S. Sumner, Agent New York Society for the Suppression of Vice, being duly sworn, says: That on the 6th day of January, 1920, and prior, and sworn thereto at the city and county aforesaid Robert M. McBride & Company, a corporation, and Guy Holt, manager of said corporation, Book Department, did at No. 31 East 17th Street in the city and county aforesaid, unlawfully print, utter, publish, manufacture and prepare, and did unlawfully sell and offer to sell and have in their possession with intent to sell a certain offensive, lewd, lascivious and indecent book, in violation of Section 1141 of Penal Code of the State of New York. At the time and place aforesaid, the said Robert M. McBride & Company by and through its officers, agents and employees did print, publish, sell and distribute and on information and belief the said Guy Holt did prepare for publication and cause to be printed, published, sold and distributed a certain book entitled Jurgen by one James Branch Cabell, which said book represents and is descriptive of scenes of lewdness and obscenity, and particularly upon pages 56, 57, 58, 59, 61, 63, 64, 67, 80, 84, 86, 89, 92, 93, 98, 99, 100, 102, 104, 105, 106, 107, 108, 114, 120, 124, 125, 127, 128, 134, 135, 142, 144, 148, 149, 150, 152, 153, 154, 155, 156, 157, 158, 161, 162, 163, 164, 165, 166, 167, 168, 170, 171, 174, 175, 176, 177, 186, 196, 197, 198, 199, 200, 203, 206, 207, 211, 228, 229, 236, 237, 238, 239, 241, 242, 271, 272, 275, 286, 321, 340, 342, 343, thereof, and which said book is so obscene, lewd, lascivious and indecent that a minute description of the same would be offensive to the Court and improper to be placed upon the records thereof. Wherefore a fuller description of the same is not set forth in this complaint....”
[4] COURT OF GENERAL SESSIONS OF THE PEACE IN AND FOR THE COUNTY OF NEW YORK
People of the State of New York:
vs
Guy Holt, Robert M. McBride & Co.,
and Robert M. McBride:
THE GRAND JURY OF THE COUNTY OF NEW YORK by this indictment, accuse Guy Holt, Robert M. McBride & Co. and Robert M. McBride of the crime of UNLAWFULLY POSSESSING AN INDECENT BOOK, committed as follows:
The said Guy Holt, Robert M. McBride & Co., a corporation at all times herein mentioned existing under the laws of the State of New York, and Robert M. McBride, acting together and in concert, in the County of New York aforesaid, on the 14th day of January, 1920, and for a considerable time prior thereto, with intent to sell and show, unlawfully possessed a lewd, lascivious, indecent, obscene and disgusting book entitled JURGEN, a more particular description of which said book would be offensive to this Court and improper to be spread upon the records thereof, wherefore such description is not here given; against the form of the statute in such case made and provided, and against the peace of the people of the State of New York, and their dignity.
Edward Swann,