IN AND FOR THE COUNTY OF NEW YORK.

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+People of the State of New+ }

+York+ }

}

AGAINST }

}

+Guy Holt, Robert M. McBride+ }

+& Company+ and }

+Robert M. McBride+. }

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Brief for Defendants on Motion to Direct an Acquittal.

The defendants have moved for a directed acquittal at the close of the

People’s case. The defendants did not dispute upon the trial the facts

which went to make up such case as the People had. That case is that

the defendants had in their possession, with intent to sell (they are

publishers) a book, “Jurgen”, by Mr. James Branch Cabell; and it is

contended that the book is lewd and obscene within Section 1141 of the

Penal Law.

1--The Question presented is one of law, which the Court should decide.

The rule here to be applied is that obtaining in all criminal cases. It

is the Court’s duty to direct an acquittal when the People’s case has

failed to show guilt beyond a reasonable doubt.

_People_ v. _Gluck_ (188 N. Y. 167);

_People_ v. _Smith_ (84 Misc. 348);

_Babcock_ v. _People_ (15 Hun 347).

The indictment is for having in possession with intent to sell, a book

offending against Section 1141 of the Penal Law. Since the defendants

do not dispute the fact that they did have in their possession the

book with intent to sell it, the simple question is whether this book

violates the criminal law of this state as expressed in the section of

the Penal Law above noted.

While it is sometimes said that this question is one of fact, upon

which it is the function of a jury to pass, nevertheless it is clear

that, when the defendant raises the question whether the book, as a

matter of law, violates the statute, that question is one of law upon

which it is the duty of the court to pass.

_People_ v. _Brainard_ (192 App. Div. 816);

_Halsey_ v. _New York Society_ (234 N. Y. 1).

“It is true that whether the book offends against this statute

is ordinarily a question of fact for the jury in the first

place to determine. It is equally true that upon the review of a

conviction for having offended against this provision, it is the

duty of this court to examine the publication and see whether

the conviction can be sustained under the facts proven. Upon an

examination of the book I am satisfied that neither defendant

has been guilty of the offense charged in the information, and

for this reason the judgment and conviction of the defendant

corporation, as well as the defendant Brainard, should be

reversed and the information dismissed.” (_People_ v. _Brainard_,

192 App. Div. 816, 821.)

2--The test is the literary as distinct from the pornographic.

It being a question of law, what are the tests which the courts use in

the determination of that question? Those tests, like all the others

which the courts have used in the application of criminal law to the

case of the individual against whom it is alleged that his act has

offended the interests of society, are simple and do not go beyond

the actual necessities. Courts in this respect have not forgotten the

lessons of history; and of these lessons one which Macaulay’s school

boy knows is that under our common law dispensation there has not

been, since the abolition of the Courts of Star Chamber and of High

Commission, nor will there ever be again, such a spirit in our law

as may result, through statute or decision, in the institution of a

censorship of the mind in its modes of expression. To use the words

of Seabury, _J._, “it is no part of the duty of courts to exercise

a censorship over literary productions” (_St. Hubert Guild_ v.

_Quinn_, 64 Misc. 336, 340). And it is in that spirit that common law

courts have approached any case such as this from the days when the

obscene became cognizable by common law courts in the exercise of a

jurisdiction which they took over from the Courts Spiritual. (_Rex_ v.

_Curl_, 17 How. St. Trials, 153.) It is true that, for a time, during

the intellectual ferment in the early part of the Nineteenth Century,

the courts, under the inspiration of Lord Eldon _did_ revert to an

idea of censorship closely resembling that which Laud advocated in the

days of Courts of High Commission; but contemporary opinion of the

best minds of the bar, as well as of the public, revolted against this

attitude, and the rule thus suggested never became a part of our law.

Seabury, _J._, has well traced this as follows:

“The early attitude of the courts upon this subject discloses

an illiberality of opinion which is not reflected in the recent

cases. Perhaps no one was more responsible for this early

position than Lord Eldon, who refused to protect by injunction

Southey’s “Wat Tyler” until the innocent character of the work

was proved. _Southey_ v. _Sherwood_, 2 Meriv. 437. He assumed a

like position in reference to Byron’s Cain (6 Petersdorff Abr.

558, 559), and expressed a doubt (which he hoped was reasonable)

as to the innocent character of Milton’s “Paradise Lost”. “When

Dr. Johnson heard of some earlier opinions to the same effect,

he is reported to have said: ‘They make me think of your judges,

not with that respect which I should wish to do.’ Judging from

the fact that a jury held the publication of Shelley’s ‘Queen

Mab’ to be an indictable offense (Moxon’s Case, 2 Mod. St. Tr.

356), it seems that jurors were no more liberal than judges in

these matters. In commenting upon some of Lord Eldon’s judgments

on the subject of literary property, Lord Campbell remarked that

‘it must have been a strange occupation for a judge who for many

years had meddled with nothing more imaginative than an Act of

Parliament to determine in what sense the speculations of Adam,

Eve, Cain, and Lucifer are to be understood.’ 10 Campbell’s Lives

of the Lord Chancellors, 257.” (_St. Hubert Guild_ v. _Quinn_, 64

Misc. 336, 339, 340.)

But the spirit of censorship, thus for a time strangely revived, soon

passed. Today therefore the courts apply simple tests, tests savoring

of nothing that involves censorship, tests necessary only for the

protection of the public against influences that directly, and without

the necessity of argument in demonstrating their effect, bear upon

public morals. It requires, therefore, but a few words to describe

these tests as they are known to the law of this state today.

In the first place, the words of the statute mean exactly what they say

and require no subtlety of interpretation. In the words of Cullen, _C.

J._, the statute “is directed against lewd, lascivious and salacious or

obscene publications, the tendency of which is to excite lustful and

lecherous desire.” (_People_ v. _Eastman_, 188 N. Y. 478, 480.) That

being true, this simple test excludes others which, however subtle may

be the argument in their support, however honest the intention of the

people who urge them, inevitably lead to the thing which Seabury, _J._,

has said,--but which everybody would know even if it had not been said

by this particular Judge,--is outside the purview of criminal law as

administered in English-speaking countries,--censorship by indictment.

In the second place this statute does not forbid publication of the

polemical. “It seems to be”, says Andrews, _J._, of the book under

review by the Court of Appeals, “largely a protest against what the

author, we believe mistakenly, regards as the prudery of newspaper

criticism.” (_Halsey_ v. _New York Society_, 234 N. Y. 1, 4.) The

prosecutor, and indeed the court itself, may not agree with what the

book may advocate, may not take the sentiment which it expresses,

but the book cannot be condemned for that. “Differ as men may as to

the views of Voltaire on many questions”, said Seabury, _J._, in the

case which we have already cited, “his works cannot be burned by the

public hangman under the guise of a section of our Penal Code.” (_St.

Hubert’s Guild_ v. _Quinn_, 64 Misc. 336, 342.) We need not, however,

pursue this subject further, because _People_ v. _Eastman_ (188 N. Y.

478) stands as a monument to the proposition under discussion. One

has only to read the article for which an indictment was brought (it

is repeated verbatim in the dissenting opinion of O’Brien, _J._, at

pp. 482-484) to realize that its nature was such as to excite in the

minds of thousands of our best citizens feelings which it is impossible

adequately to describe. Yet, disregarding the decision of the English

courts in _Regina_ v. _Hicklin_ (L. B. 3 Q. B. 369), where a precisely

similar book was held indictable, our Court of Appeals sustained a

demurrer to an indictment which set forth the article in question.

Nor is it necessary, in order to protect a book from indictment, that

it teach a moral lesson.

_People_ v. _Brainard_ (192 App. Div. 816);

_Halsey_ v. _N. Y. Society_ (234 N. Y. 1).

The Appellate Division of this Department has well borne out this

proposition when, in reversing a judgment of conviction, it said:

“I can see no useful purpose in the publication of the book.

I cannot agree that it has any moral lesson to teach. Its

publication might well be prohibited as a recital of life in

the underworld, as is prohibited books containing recitals of

crimes.” (_People_ v. _Brainard_, 192 App. Div. 816, 821.)

In short, this statute was not intended, as the Court of Appeals has

said in one of the cases above cited, “to regulate manners”. (_People_

v. _Eastman_, 188 N. Y. 478, 480.)

What then do these tests of the law come to? The courts in their own

words have told us that. If the book has literary merit, then it is not

within the condemnation of the statute.

O’Brien, _J._:

“It is very difficult to see upon what theory these

world-renowned classics can be regarded as specimens of that

pornographic literature which it is the office of the Society for

the Suppression of Vice to suppress, or how they can come under

any stronger condemnation than that high standard literature

which consists of the works of Shakespeare, of Chaucer, of

Laurence Sterne, and of other great English writers, without

making reference to many parts of the Old Testament Scriptures,

which are to be found in almost every household in the land. The

very artistic character, the high qualities of style, the absence

of those glaring and crude pictures, scenes, and descriptions

which affect the common and vulgar mind, make a place for books

of the character in question, entirely apart from such gross and

obscene writings as it is the duty of the public authorities

to suppress. It would be quite as unjustifiable to condemn the

writings of Shakespeare and Chaucer and Laurence Sterne, the

early English Novelists, the playwrights of the Restoration, and

the dramatic literature which has so much enriched the English

language, as to place an interdict upon these volumes, which have

received the admiration of literary men for so many years.” (_Re

Worthington Co._, 30 N. Y. Supp. 361, 362; 24 L. R. A. 110.)

Andrews, _J._:

“With the author’s felicitous style, it contains passages of

purity and beauty * * * Here is the work of a great author,

written in admirable style, which has become a part of classical

literature.” (_Halsey_ v. _N. Y. Society_, 234 N. Y. 1, 4, 6.)

Seabury, _J._:

“Offensive as some of the phrases of this book undoubtedly are

to the taste of our day, yet I do not think we can declare a

contract for its sale illegal on this account.” (_St. Hubert

Guild_ v. _Quinn_, 64 Misc. 336, 338.)

Literature, to use the phrase of Matthew Arnold, is nothing more nor

less than a criticism of life, of the relation of man to the universe

and to his fellow man. When any phase of that subject is discussed,

then you have literature, though you may not agree with the point of

view which the author advocates. Thus, in one of the cases from which

we have already frequently cited, Seabury, _J._, points out the violent

differences of opinion that arose and still exist, regarding Voltaire’s

“Maid of Orleans”:

“Frederick the Great admired it and paid it the doubtful

compliment of imitation, and Condorcet regarded it only as an

attack upon hypocrisy and superstition. Less prejudiced critics

than these condemn it with severity, and even admirers of

Voltaire regret that there are passages in it which have dimmed

the fame of its author.” (_St. Hubert Guild_ v. _Quinn_, 64 Misc.

336, 338.)

For that very reason the final test of the law, as recognized by the

courts of this State, is simple. It is only whether the thing is

literature as distinct from a simple effort to portray the obscene.

It is quite true that scattered here and there in the books, are to

be found expressions to the effect that a thing may be literature and

yet be within the statute. The argument is that there are two classes

in the community, the intelligent and the ignorant. Something may be

literature and the intelligent will so appreciate it, but the statute

is to protect the other class--the ones who ought not to be entrusted

with books at all. The _sequitur_ is that a book is unlawful unless it

can be read by the ignorant, by the child incapable of appreciating the

sustained thought. To this effect will one find expressions in _U. S._

v. _Clark_ (38 Fed. 734), and the General Term decision in _People_

v. _Muller_ (32 Hun, 209). But one will never find that the Court of

Appeals of this state has spoken to that effect, or has made that

classification. It did not do so in affirming the judgment in _People_

v. _Muller_ (96 N. Y. 408), which, by the way, dealt with a picture and

not a book; and it certainly did not do so when it expressed itself in

_People_ v. _Eastman_ (188 N. Y. 478) or in _Halsey_ v. _N. Y. Society_

(234 N. Y. 1). In _People_ v. _Eastman_, as we have said, the article

was undoubtedly such as should not fall into the hands of a child; and

in _Halsey_ v. _N. Y. Society_ the majority opinion frankly admits that

there are paragraphs in the book which, standing alone, are undoubtedly

indecent. Nor has the successor of the General Term, the Appellate

Division, spoken to that effect. Its decision in _People_ v. _Brainard_

(192 App. Div. 816) certainly does not bear out such interpretation.

Nor have judges, sitting at Special or Trial Term, or in the Appellate

Term, so expressed themselves. O’Brien, _J._, certainly made no such

distinction in _Matter of Worthington_ (30 N. Y. Supp. 363; 24 L. R. A.

110). Nor did Seabury, _J._, make any such distinction in _St. Hubert

Guild_ v. _Quinn_ (64 Misc. 336). If that were the law of this state,

we say, with all sincerity, that literature would have to be reduced to

the level of the movies; the stage would be reduced to the rendition of

charades, thousands of plays being barred, ranging from those of which

Shakespeare was the craftsman, to the productions of Somerset Maugham;

Swinburne’s Chorus in “Atalanta in Calydon” would be on the index, and

Keats would be barred from any public library because of “Endymion”

and “The Eve of St. Agnes”. Nay, Sir Walter Scott’s collection of

border minstrelsy would be barred because it contains those two

exquisite ballads, “The Eve of St. John” and “Clerk Saunders and May

Margaret”; and, incidentally, the “Oxford Book of English Verse” should

be burned because it contains reprints of all these things. But it is

useless to pursue this subject, for, to use the favorite phrase of the

late Chief Justice White, “to state the argument is to answer it”. No,

the test is whether the thing is literary; whether it is a criticism of

life; whether that effort is apparent in the book.

3--In applying this test, all reasonable doubt should be resolved in

favor of the book.

The courts, to repeat, apply the simple test of literature as distinct

from the mere portrayal of the obscene. And in getting at whether a

thing is literature, they are not disposed to substitute their judgment

for that of others who speak of the book in the spirit of sincerity;

nor are they disposed to tip the scales, even if people of that sort

differ in their conclusions. “We have quoted”, says Andrews, _J._, in

the latest case, “estimates of the book as showing the manner in which

it affects different minds. The conflict among the members of this

court itself points a finger at the dangers of a censorship entrusted

to men of one profession, of like education and similar surroundings.”

(_Halsey_ v. _N. Y. Society_, 234 N. Y. 1, 6.) Likewise, the opinions

in _St. Hubert’s Guild_ v. _Quinn_ (64 Misc. 336), and _Matter of

Worthington_ (30 N. Y. Supp. 363; 24 L. R. A. 110) refer to various

criticisms of the books involved, as do the opinions of Magistrate

Simpson and Magistrate Oberwager in the very recent (and still

unreported) cases of _People_ v. _Seltzer_ and _People_ v. _Salsberg

and Boni & Liveright_. In all of those cases the criticisms were

contained in book or magazine form, which were available to the Court.

In the present case the various criticisms of the book here involved

are not available in such form, and consequently we are submitting

herewith copies of letters and newspaper clippings containing the

opinions of many competent critics concerning that book, which we

respectfully ask this Court to consider in rendering its decision upon

this motion.

4--In judging the book by the standards above indicated, it must be

read as a whole, and, on that basis, it must be upheld even though it

may contain portions which would not stand the test if isolated.

From what has already been said another conclusion follows:--The book

is to be judged not by isolated passages in it, but by the whole book.

Peculiarly is this true in the present case, where the book at large

is indicted, not parts of it, as was the case when complaint was made

in Special Sessions, but all of it without reference to any particular

part. That, when a book is indicted as a whole, no judgment can be

passed upon it which is not based upon a reading of the whole, with the

necessary test of correlation which this entails, would seem manifest

on its face. But in view of certain expressions which judicially fell

in the federal case of _U. S._ v. _Bennett_ (16 Blatchf. 338; Fed. Cs.

No. 14,571), it is just as well to refer to the fact that, both in

England and in this State, the test is the whole book, not isolated

parts to which it may please the prosecutor to point an accusing finger.

_Halsey_ v. _N. Y. Society_ (234 N. Y. 1);

_Fitzpatrick’s Case_ (31 How. St. Tr. 1170, 1186).

_St. Hubert’s Guild_ v. _Quinn_ (64 Misc. 336).

“The judgment of the court below is based upon a few passages

in each of these works, and these passages have been held to be

of such a character as to invalidate the contract upon which the

action has been brought. These few passages furnish no criterion

by which the legality of the consideration of the contract can be

determined. That some of these passages, judged by the standard

of our day, mar rather than enhance the value of these books can

be admitted without condemning the contract for the sale of the

books as illegal. The same criticism has been directed against

many of the classics of antiquity and against the works of some

of our greatest writers from Chaucer to Walt Whitman, without

being regarded as sufficient to invalidate contracts for the sale

or publication of their works.”

_St. Hubert Guild_ v. _Quinn_ (64 Misc. 336, 339).

“No work may be judged from a selection of such paragraphs alone.

Printed by themselves they might, as a matter of law, come within

the prohibition of the statute. So might a similar selection from

Aristophanes or Chaucer or Boccaccio or even from the Bible. The

book, however, must be considered broadly as a whole.”

_Halsey_ v. _N. Y. Society_ (234 N. Y. 1, 4).

The proposition thus laid down is nothing but common sense,--the common

sense which was expressed, over a century ago, in a trial in the Irish

King’s Bench, for the publication of an alleged libel:

“Mr. Burrowes.--My lords, I beg to know, whether the Court be of

opinion, that without any averment respecting other passages in

the book, the counsel for the crown are entitled to read them.

Mr. Justice Day.--In order to show the _quo animo_, they may read

those other passages.

Mr. Justice Osborne.--I think they have such right, as evidence

of the intention.

Lord Chief Justice Downes.--And the defendant, if he thinks fit,

may read all the rest of the book.” (_Fitzpatrick’s Case_, 31

Hows. St. Tr. 1170, 1186.)

It follows that if the book must be taken as a whole, then it cannot

be condemned piecemeal. No part can be read without a mind to its

relation to the whole. In the latest case on the subject, Andrews _J._,

speaking for the majority of the court, twice concedes that, taken by

themselves, certain parts of the book are not to be justified:

“It contains many paragraphs, however, which taken by themselves

are undoubtedly vulgar and indecent. * * * On the other hand, it

_does_ contain indecent paragraphs.”

_Halsey_ v. _N. Y. Society_ (234 N. Y. 1, 4, 6).

Yet the book was upheld for all that, both because, in the words

which the court adopted from the late Professor Wells of Sewanee, the

author there involved “helps us over the instinctive repulsion that

we feel for the situation”, and because he excites “a purely artistic

interest”, etc. (_Halsey_ v. _N. Y. Society_, 234 N. Y. 1, 5.)

5--The book, read as a whole, sustains the test of the law.

The following has been prepared by counsel, with full appreciation of

the fact that the book under review must, in the last analysis, speak

for itself, and that every book makes its different impression on each

mind that it reaches. The only possible aid to reflection which this

writing can constitute therefore, lies in such suggestion as it fairly

may convey, that Mr. Cabell’s book is literature, in the accepted sense

of that term, which is, as the foregoing brief shows, the legal sense

as well. It presents a theme and its object is to stimulate reflection.

The book in question is a criticism of life. It treats with satire

certain of the thoughts so current among us. It is Matthew Arnold and

Carlyle in different guise. But the guise adopted is not new or novel.

In the Sixteenth Century Erasmus put forth his comments on the ruling

ideas of his time by writing a book “In Praise of Folly”. Mr. Cabell

has adopted the same method of treatment. To his book can be applied

the words which Professor Wells spoke of a book which our Court of

Appeals has recently held _not_ to be within the condemnation of the

statute invoked in the present case: “With a springboard of fact in

the seventeenth century to start from, he * * * transfers the adventures

from the real world to a sort of forest of Arden, where the Rosalind of

Shakespeare might meet a Watteau shepherdess and a melancholy Jacques.”

(_Halsey_ v. _N. Y. Society_, 234 N. Y. 1, 5.)

But that is not the only motive of the book. It deals also with

aspirations for the unattainable, aspirations which it falls to the

lot of some men to feel,--aspirations whose portrayal finds expression

in books ranging from Goethe’s “Faust” to Sinclair Lewis’s “Babbitt”.

These are things which, to use the words of Magistrate Simpson in

the recent (and still unreported) case of _People_ v. _Seltzer_,

are not “naturally calculated to excite in the susceptible impure

imaginations”. And if we want a moral lesson, we have it, because these

desires are shown to be useless. _The conventional cannot be escaped by

fleeing to sin, for wickedness itself is conventional._

And may we observe in passing that the author, Mr. Cabell, is no

radical? He makes no plea for reform by way of sociological experiment.

Indeed, as expressed in “Beyond Life”, his contempt for sociology has

been condemned by one of the apostles of the new Reign of Science and a

lecturer in the Rand School (Robinson, “The Mind in the Making”, page

208). “What we want”, said Mr. Gradgrind, “are facts”. Mr. Cabell’s

book now under attack deals with things not within the spectrum of the

Gradgrind School,--eternal things which continue whether the world

happens to be of the “New Philosophy” mode of thinking, or to have

returned to the Age of Faith. How well he succeeds with what he has

undertaken is quite another matter; in law it is sufficient that he has

assumed the task. And with this in mind, the following undertakes to

tell what one reader, at least, may think that “_Jurgen_” is about.

Jurgen’s name is “derived from jargon, a confused chattering such as

birds give forth at sunrise” (183).[5] He is a pawnbroker, and he lives

in Poictesme, but it might just as well be Kennaquhair. In his youth

he had been in love with a Lady Dorothy; at forty-four we find him

a pawnbroker, settled down to business, with a wife who has all the

virtues of the good wife; somewhat henpecked, longing, like Sinclair

Lewis’ Babbitt, for he knows not what. He has not the culture of Faust,

he is not a Ph.D.; but, like the doctor of Leipzig whose venturings as

set forth in legend attracted Marlowe and then Goethe, Jurgen yearns

for “the distant land”, where he shall be able “to grasp infinite

nature”. He thinks that he is a “monstrous clever fellow”;--so did

Faust, the learned doctor,--in the end he reaches his salvation through

a return to the routine from whence he came. Like Faust he assumes to

unravel a tangled knot. Life is a riddle, nature is a mystery, justice

has an indefinable basis. The learned man in Goethe’s poem seeks

to find out why these things are so; Mr. Cabell’s hero is a man of

ordinary station, but he, too, pursues the quest.

Jurgen passes from his routine of life, as Faust does, through

communion with spirits that partake of the power of darkness. It all

starts with one night when, on his way home from a day of trafficking

in his shop, Jurgen passes a Cistercian monk who, having stumbled over

a stone, is cursing the devil that had placed it there. “Fie, brother”,

says this wordly wise, this all sufficient Jurgen, “have not the devils

enough to bear as it is?” (1) This attracts the attention of an earth

spirit, one Koshchei, “who made things as they are”.

For that reason this spirit, Koshchei, has his limitations. To him love

is impossible--not carnal love, but the love of God, such love as never

enters into Hell (257); such love as Jurgen’s grandmother, instructed

by the priest, has for God (299, 302). Also to this earth spirit,

Koshchei, is pride impossible (303). Of heavenly love the earth spirit

cannot conceive, because he “made things as they are, and day and night

he contemplates things as they are”. “How then”, says God Himself, “can

Koshchei love anything?” (303). Pride, as the philosophical Satan tells

Jurgen, is impossible to whoever it was that made things as they are,

because he has to look at them, having nothing else to look at, so how

can he be proud? (257). Almost, having in mind a certain treatise, _De

Civitate Dei_, we can imagine St. Augustine speaking. The things of this

world, the things as they are, are not to be loved, and he who made

them, assuredly not the real God, finds love foreign to his breast.

Anyhow, this Koshchei, “monstrously pleased” with Jurgen’s defense of

the devils against the Cistercian monk, puts himself in Jurgen’s way.

Appearing to the hero in the shape of a small black gentleman, the

earth spirit promises Jurgen a reward (10-11).

What that reward is to be soon develops. Arriving home, Jurgen finds

his wife has vanished. She has gone to a cave, of evil magic, across

Amneran Heath. On Walpurgis night, that night renowned in the calendar

of demonology, Jurgen follows her there; but first, at her bidding he

must remove from his neck a cross which had hung there, the gift of his

dead mother (13).

Then comes a medley of classic, of Russian, and of Norse mythology.

Jurgen finds in the cave a centaur, who gives him a Nessus-shirt

(16)--“an old poet, loaned at once a young man’s body and the Centaur’s

shirt” (131)--the young man’s body which Faust desired, but the

Nessus-shirt which even Hercules could not wear for long. Jurgen is now

off for his tour of the infinite.

And yet it is not the real Jurgen who makes this voyage. The real

Jurgen, where is he? There are, in fact, many Jurgens. One of these

is a little boy in Heaven. “That boy”, says God, “is here with me as

you yourself have seen. And today there is nothing remaining of him

anywhere in the man that is Jurgen” (297). Another Jurgen is “a young

man barely come of age” (23) who had loved the young girl Dorothy,

and who sees the Jurgen of today only “as one might see the face of

a dead man drowned in muddy water” (31). Then there is the Jurgen of

today, the Jurgen who “retains his shop and a fair line of business”,

the Jurgen whose _confiteor_ is that Koshchei, the earth spirit “who

made things as they are”, has dealt with him very justly. “And probably

his methods are everything they should be; certainly I cannot go so far

as to say that they are wrong; but still, at the same time--” (368).

And, separate from all these Jurgens, the little boy who loved God,

the youth who cherished the normal things of youth, and the Jurgen of

middle age who worships things as they are, is yet another Jurgen--the

Faust-Jurgen, who, by favor of the powers of darkness, goes careering

on his voyage of the world of fancy, the world of vision, the world of

regrets, the world of disillusion.

The sequence of his adventures may easily be traced.

In the first episode Jurgen visits a garden between dawn and sunrise.

It is a garden where “each man that has ever lived has sojourned for a

little while, with no company save his illusions” (20). And the spirit

of it all is shown forth in the people whom he first encounters. For

they are a small boy and a girl who forever walk in the glaze of a

mustard jar (19),--forever, that is, like the youth and the maid on the

Grecian urn which drew the immortal gaze of Keats. The glance sweeps

forward soon, however, and hence presently in this garden of memory

Jurgen meets the girl Dorothy, meets her and talks with her (24-33).

When she had gone all was gone and so, when the sun rose, it was simply

“another workday” (34). The Philistine spirit blew upon the garden, it

was to be remodelled and all the gold was to be rubbed away (36-7).

Then follows a visit to a character of many names, but always the same.

Jurgen calls her Sereda, after the manner of Russian mythology, but

she corresponds with the Roman Cybele, the Goddess of Earth (210, 316)

and in the Norse she is called Æsred (176-7). Goddess of Earth, she

takes the color out of all things. The Fates spin the glowing threads

and weave them into curious patterns; but when she is done with them

there is no more color, beauty or strangeness apparent “than in so many

dishrags” (40), for she bleaches where others have colored. Naturally

enough she refers Jurgen back to Koshchei, the spirit who made things

as they are. Once more, through his intervention, Jurgen meets Dorothy.

For in his attempt to answer life’s riddle, he must perforce return

to the girl whom he had loved while young. If but they two could be

together again in youth, would not the failures of his life, the

disappointments of the middle years, be but as things that never had

happened? (See 55.)

While the glamour still holds its spell, to Jurgen this is the young

Dorothy, the girl who has not yet married; and so, on the moonlit ramp

of her father’s castle they talk of many things as young lovers would.

To them soon comes the girl’s future husband, but to Jurgen the magic

makes it the appearance simply of a rival suitor; and, the magic having

not yet exhausted its force, the conventional will have it that, in

the words of the old stage directions, “they fight, and the rival is

slain”. Then the conqueror turns to the lady, but dawn is coming and

the magic is spent. Jurgen finds that this is not the Dorothy whom he

had seen in the garden between dawn and sunrise (47-60). She is now

repulsive, and he repels her. It is meet and right, therefore, that the

next place to which Jurgen comes is a cave where are the bodies of many

whom he had formerly known (60-65).

Winding his way through this cave he comes to Guenevere. She is held

by the power of a giant; and from that giant does Jurgen rescue her

(66-78).

Guenevere, of course, is the lady, charming but of errant fancy, to

whom the chronicles Morte d’Arthur and Mabinogion were devoted, and

of whose vagaries speak Tennyson’s “Idyls of the King.” At this time

her marriage to Arthur has been arranged, and Lancelot is coming as

his master’s envoy to arrange the details of the wedding. In the end

Lancelot captures the heart of Guenevere (147) but, meanwhile her

inclinations have their way with Jurgen. For Jurgen abides with her

father in the latter’s city of Cameliard, which, of course, is but

another name for Camelot (78-146). It is, to use the words of our time,

a house party; and, like many house parties, it brings forth various

events. To the guest Jurgen it befalls to do things ancient and modern,

to rescue a princess from a giant, after the fashion of Sir Thomas

Malory (82-3), to converse with ghosts in a haunted bed room (145-9)

and to carry on with the fickle Guenevere, whose outstanding trait is

“her innocence, combined with a certain moral obtuseness” (108). Her

worldlywise father learns of the affair, talks it over with Jurgen,

and reminds him of the duty apparent in the circumstances, that,

if necessary, Jurgen should lie like a gentleman (93). The matter,

however, comes to nothing, for the time of Guenevere’s marriage to

Arthur is at hand. So she and Jurgen part, she with her mind already

full of Lancelot (147) and Jurgen being taken with the charms of a

new person of the play, of whom presently. In short, Jurgen leaves

Guenevere where Tennyson takes her up, the stage being thus cleared for

the drama of Lancelot.

Jurgen leaves Cameliard with one who is called Anaitis (147). But even

as Guenevere typifies innocence combined with obtuseness (108) Anaitis

is the personification of a capital sin. Like the earth goddess Sereda,

known also to men as Cybele and Æsred (of whom _supra_) this Anaitis

bears different names in different places. But always she is the same.

In the Arthurian legend she is the Lady of the Lake (109), in classic

lands she was Venus, on Eastern soil she was Ashtoreth. She serves

the moon (150), she is the sun’s daughter (173); and in all lands

from Paphos to Babylon do men rear temples in her honor (341-3). But

the breath of evil nevertheless goes forth from her; and in her train

follows Alecto, whose quality is retribution (178).

With this Venus, this Anaitis in her land of Cocaigne, Jurgen lives for

a time. But he is not the only guest of whom legend bears record, not

the only visitor of whom contemporary literature and art have spoken.

Mr. Cabell, however, preserving that balance of humor which always

in this book is kept level, has given this situation a new color.

Tannhäuser is tempted to return to the Venusberg; Jurgen leaves Anaitis

with never a glance behind.

But while he stays there, things of black magic happen. Nor is that

strange. Anyone familiar with the legend embodied in “Tannhäuser” might

expect to find that all things abhorred by Christians are practiced in

the land of Venus, the Cocaigne of Anaitis.

And so we are able truly to understand the episode, occurring while

Jurgen abides in this country of Cocaigne, to which so much attention

has been directed by Mr. Sumner (chap. 22, pp. 151-158). This Moon

Goddess (159) “who ruled not merely in Cocaigne but furtively swayed

the tides of life everywhere the Moon keeps any power over tides”

(159) had but one mission, “to divert and to turn aside and deflect”

(159). Goethe puts into the mouth of Mephistopheles the tremendous

words, “I am the spirit that always denies”. The episode in the present

book simply shows forth the action of the spirit that denies, for to

deflect is to deny. What occurs in the passage to which Mr. Sumner

objects is nothing but a repetition of the mediæval practice of the

Black Mass, the Devil’s Mass. It is certainly not against the dictates

of literature to publish what the author conceives as a detail of the

mysterious Black Mass; for if so then the novel, “Black Diamonds”,

by the famous Hungarian novelist of a generation ago, Maurice Jokai,

would never have been allowed in translation. And that the ceremony in

question was a Black Mass is clear after we read, not merely the words

describing the ceremony itself, but the references to it that follow.

In the inner sanctuary we find a toad nailed to a cross (157). The

incident occurred “on the eve of the Nativity of St. John the Baptist”

(159), in other words Midsummer Night’s Eve, at which time, according

to mediæval tradition, the powers of darkness are allowed abroad.[6]

Let us remember that in the country of Venus “the Church is not

Christian”, and the law is “do that which seems good to you” (161). The

very goddess herself was “created by perversity, and everyone knows

that it is the part of piety to worship one’s creator in fashions

acceptable to that creator” (165). That goddess, whose mission it was

to divert, to deny, naturally enjoyed “the ceremony of God-baiting” as

Jurgen calls it (157). Tannhäuser abode in the Venusberg, and nobody

has dreamed of forbidding Wagner’s opera based on that. Jurgen lived

in precisely the same place, but simply described with more cynicism.

Really, we have nothing but “Tannhäuser” as it would have been written

by Heine, if he had happened to take up the German legend in the spirit

of his own cynical wit. Wagner took it seriously, and Mr. Cabell does

not take it seriously; that is all the difference.

It will probably be advisable at this point to explain the details of

the lance and the veil as used in this Devil’s Mass. The explanation,

fortunately, can be shortly put. The lance was a real lance, which

the hooded man handed to Jurgen (153). The veil was also real. It

hung before the _adytum_ (Gr. = inner part of a temple) and inside

this adytum, beyond the veil, was the cross with a toad nailed upon

it (157). The tip of the lance was red (154) and with it the veil

was pierced that concealed the cross, but upon the cross hung the

disgusting figure of a toad. The whole thing was, as Jurgen called it

on the spot, a piece of “God-baiting”, a mockery, after the manner of

the mediæval necromancers, of the mystery of the Passion of the Cross,

of the lance that pierced a sacred Side, of the veil of the Temple that

broke with a certain event which changed all the tides of history.

Taking it by itself this incident is not obscene or lewd; for mockery

of sacred belief does not, as matter of law, fall into that class. An

attack on religious belief cannot be indictable as an obscenity under

Section 1141 of the Penal Code; if prosecuted, it must be indicted as

a libel (_People_ v. _Eastman_, 188 N. Y. 478). _But we will not allow

the defendants, nor Mr. Cabell, the author, to remain for a moment

solely under that protection. This book puts forth the attack upon

the Christian belief, not to support the attack, but to deride the

attack itself._ It is a matter of common observation that _infidelity

itself partakes of a religious fervor, and it is of that fervor that

Jurgen makes fun_. “Well, well!” says Jurgen, “but you are a little old

fashioned, with all these equivocal mummeries” (157). Being “skeptical”

(165) he denies that “death is going to end all for him” (171). And so

Cocaigne “does not satisfy him” (172), he expresses his discontent at

length (163-170) until Anaitis, in wrath, calls him “irreverent” (167),

and that leads to their parting.

Surely that is a moral ending! Jurgen leaves Anaitis, his heart and

mind not going along with the beliefs and practices of a goddess who

enjoys every “far-fetched frolic of heathenry”, and who goes forth into

the world to tempt people like St. Simeon Stylites and the hermits of

the Thebaid (176). If it is unlawful to say that in print, then we

must suppress Flaubert’s “Temptation of St. Anthony”, and we should

certainly never permit “Tannhäuser” or “Thais” to be sung at the

Metropolitan.

Then what survives all of this? What indeed but the words of one of the

goddess’ friends, the Master Philologist, who says: “The Jewish mob

spoke louder than He Whom they crucified. But the Word endures” (182).

Jurgen, in short, tires of this place, a place where “it appears that

their notion of felicity is to dwell eternally in a glorified brothel”

(187).

He is now looking for Helen of Troy. Of course it is not criminal to

think about her, since otherwise the second part of Faust should not be

allowed in print, nor should Tennyson’s “Dream of Fair Women”. So it

is lawful for Jurgen to look for her, and he does look. But on his way

comes another episode.

In the domain of Leuke (192) he meets a hamadryad named Chloris. Leuke

is the land of conventionality where nobody ever does anything except

what he has been accustomed to do, and would never dream of doing a

thing which nobody ever heard of doing (203-204). Consequently the

wisest person among them is the god Silenus, the god of drunkenness,

and he is always drunk in order to escape the conventional (208-9).

That of course is not right, but the indictment is not drawn under the

Volstead Law. Jurgen stops among these people and marries a little

hamadryad, who is all that a wife should be (215) and who puts up a

lunch for him when he goes for a walk (215). So conventional is Leuke,

be it noted, that even a stroll is out of keeping. In this country of

conventionality the people have never taken a holiday, nobody ever

having heard of such a thing (206). It is the Utopia of the Podsnaps of

Dickens’ time, of the Rotarians of our own. But his life in this happy

place, where nothing out of the ordinary ought in nature’s course to

happen, does not last long. War is threatened by the Philistines.

Be it observed, from what has already been said, that the Philistines

and the people of Leuke were made by the same creator, the power that

made things as they are, and consequently it does not much matter who

will win, because all it will amount to is that “dullness will conquer

dullness” (209). Yet in the matter of dullness the balance is with the

Philistines. Fire is their means of sacrifice, not because of the

glow, but because it ends in ashes, and the gray of ashes is their

favorite color (230). They are Realists (231) and they believe that

there is no art except it “teach something” (241). Their high priests

claim to have read every book ever written, and denounce those who

doubt the assertion (244). Knowing everything, believing in nothing

that is not practical, they have a summary way of dealing with those

who presume to disagree. All such recalcitrants are sent to Hell,

“relegated to Limbo” (242).

Against the people of Leuke, the ordinary conventionalists, came

these Philistines, the militant Realists. Naturally the Philistines

conquered, and the people of Leuke were condemned to death. Jurgen’s

wife, the little hamadryad whose life was bound up with that of her

tutelary tree (215) perished with its felling. The Philistine Queen

took a fancy to Jurgen, but he, “coming of morbid ancestry” (247)

declined to abide in Philistia; and so they sent him to the limbo which

they call Hell (250).

A better fate befalls the allied city of Pseudopolis. There live those

of the Grecian spirit, of that spirit of Hellenism which, according to

Matthew Arnold, wars always with the genius of Philistia. There abides

Helen of Troy. Her Jurgen sees (224-9) the occasion being much the same

as that which is pictured in Keats’ “St. Agnes Eve”. These people the

Philistines could not slay, for “when the Philistines shouted in their

triumph, Achilles and all they who served him rose from the ground like

gleaming clouds and passed above the heads of the Philistines, deriding

them” (231). But Jurgen and the people of ordinary conventionality

perished, and thus our next view of Jurgen finds him in Hell.

The Hell to which he has gone is the Hell of his forefathers, being

in truth but a monument to their egotism. They built it “out of the

pride which led them to believe that what they did was of sufficient

importance to merit punishment” (253). There Jurgen sees his father

standing calmly in the midst of an especially tall flame, and very

well satisfied with it, because of his confidence that he is important

enough to deserve a special place in Hell. Therefore he is angry when

the attendant devil does not sufficiently tend his furnace (254, 260-7).

It is not obscene, at least at common law, to speak lightly of Hell.

If it were otherwise a great many books would be condemned. Every

lawyer knows what was said about Lord Hatherley, when he, sitting in

the Privy Council, held that the calvinistic idea of Hell was not

part of the religion of the Church of England. It was said that Lord

Hatherley had dismissed Hell with costs and had deprived thousands of

their hope of everlasting damnation. Nor is it obscene to represent

that there are people whose sense of personal importance rules even

in death, people who think that their sins are greater than the sins

of anybody else, not because of their quality as sins but because of

the persons who commit them. And, pausing yet further at this point,

let us suggest that if it is lewd to make fun of Philistia, then all of

Matthew Arnold’s books should be burned by the hangman; and certainly

Whistler’s book, “The Gentle Art of Making Enemies”, should never have

been allowed in public print. Indeed it was Arnold, the father-in-law

of a late most respectable member of this Bar, who invented the term

Philistines as used in the present connection. Mr. Cabell has simply

put in another form the protest that can be made against this point of

view. At least it is open to protest.

Of course, we may not be able to agree with all of Mr. Cabell’s

classifications as to what pertains to Philistia. Many of us are

citizens of that country without knowing it. But it is not obscene or

lewd for some one else to call us Philistines because of the views

we may happen to hold dear. Legally we cannot object; practically we

conserve our energies by not doing so. Like the famous Bishop Bonner of

Queen Mary’s time, we may do well to laugh at the caricatures which the

heretics make of us.

With this in mind we might get enjoyment out of Jurgen’s observations

as to the real issue between Heaven and Hell. The war between them

is not as Milton saw it. Rather, the war is between autocracy and

democracy; and Hell is fighting to make the universe safe for democracy

(287). Everybody knew how Satan came to be the chief magistrate of

Hell, he was elected to that office, and he has continued in office

so long simply because elections are inadvisable in war time (278-9).

And while Hell used vigorous methods against dissenters, that was only

because of necessary war time legislation (278-9). But Heaven was

indisputably an autocracy, because nobody knew how God derived his

power. He had been there through the ages, and He proposed to have no

successor (286). Such, then, was the issue. Of its outcome, the shrewd

Jurgen was inclined to favor Heaven, because of its superior military

efficiency (287). And so, although Jurgen’s friends in Hell try to

dissuade him (288), although he has married in Hell a vampire who is

quite conventional, and life there is conventional also--“Hurry”,

says his wife, “for we are spending the evening with the Asmodeuses”

(277)--Jurgen leaves Hell and visits Heaven.

At that moment the mood of the author changes. Jurgen ascends to Heaven

leaving irreverence behind, and the pictures now uncovered are of

different tone and motive. The first person whom he sees is a little

boy who was once Jurgen himself. When Jurgen meets God he says, “Once

very long ago I had faith in you”; to which the reply is, “No, for

that boy is here with me as you yourself have seen, and today there

is nothing remaining of him anywhere in the man that is Jurgen”

(297).[7] Heaven contains children, mothers and grandmothers. Logic

cannot lead one to it, because logic does not exist there. Therefore,

children, mothers and grandmothers can ascend to Heaven where people

like Jurgen cannot. Taking Heaven as an illusion, Jurgen finds none of

his own illusions there, and hence he must “return to such illusions

as are congenial, for one must believe in something” (306). And yet he

has stood motionless for thirty-seven days in that place, “forgetful

of everything save that the God of his grandmother was love” (306-7).

Nobody else, he is told, has willingly turned away so soon, and it is

supposed that this is due to some evil wrought in the Nessus shirt he

was wearing, the like of which was never seen in Heaven (307). And

finally this wayfarer, this man of modern philosophy, says that he

turned away from Heaven because he seeks for justice and he cannot find

it in the eyes of God, “but only love and such forgiveness as troubled

him” (307). To which archangels reply that because of that very fact he

should rejoice (307).

If that is obscene, then “The Little Flowers” of St. Francis D’Assisi

should at once be suppressed by Mr. Sumner. If it is lewd to teach that

none of us would go to Heaven if we had justice done us, Christianity

once more should betake itself to the catacombs.

We are let down from these heights by way of an interview between

Jurgen and St. Peter. The Saint has something to say about prohibition

(311-313) with which, theoretically speaking, many might disagree. But

as the defendants are not indicted under the prohibition laws, it is

needless to go into this discussion. The Saint also represents Heaven

as pacifistic (312-313); but Mr. Cabell wrote after the Armistice, and

pacifism is not, legally speaking, obscene or lewd, whatever else it

undoubtedly is.

The travels of Jurgen now draw near to their end, the rest of the book

simply rounding out the ideas suggested. Returning to earth, he meets

once more the earth goddess Sereda, and the pith of their talk is the

conclusion, not that “there is no meaning in anything”,--that, both

agree, nobody really could face,--but that the lower god, Koshchei,

who made things as they are, “is in turn the butt of some larger jest,

* * * that all of us take part in a moving and a shifting and a reasoned

use of things * * * a using such as we do not comprehend and are not fit

to comprehend” (317). The quest of Jurgen ends, fitly enough, with a

return to this lower power (329), this power that made things as they

are, but is controlled, however rebellious, by a higher force beyond

him (333).

We then have a return, in pageant form, of the women with whom, in

this year of pilgrimage just ended (319), Jurgen has foregathered.

First there is Guenevere (335) who is now ready to be his wife, Arthur

being gone into Avalon and Lancelot being turned monk (335); Anaitis

follows (340), then Helen of Troy (345). But all of them he refuses.

“For I am transmuted by time’s handling. I have become the lackey of

prudence and half measures” (348). Then appears to him his wife (350)

who disposes of Koshchei “casually, for she believed him to be merely

Satan” (353). After ordering Jurgen to be sure to be home in time for

supper and to stop on the way to get a half pound of butter, she passes

out “neither as flame nor mist, but as the voice of judgment” (355).

Jurgen follows her (356), but on the way he sees Dorothy, Dorothy as

she is and not as she had lived in either memory or imagination (364).

He arrives home recollecting that he had forgotten to do the errand his

wife told him to perform, but reflecting that after all things were

just about as well with him as could be. He has his wife, he has his

business, and the god of things as they are has probably dealt with him

very justly. “And probably his methods are everything they should be;

certainly I cannot go so far as to say that they are wrong; but still

at the same time--Then Jurgen sighed and entered his snug home” (368).

Doubtless we have erred in many ways in our interpretation of the book

under attack: we are quite sure that we have not done it justice.

After all, it must speak for itself, for everyone has his own reading

of whatsoever comes to his notice. But of one thing we are sure, that

it fills the test of literature as distinct from pornography; that it

has a theme, sustains a thought, criticises life. _It attempts, among

other things, to show the futility of escaping from conventionality by

way of seeking sin, for sin itself has its conventions. It pictures sin

in this spirit, and in doing so it perforce speaks of sin._ But it must

be judged as a whole, not by a sentence here, or even by a page there

(_Halsey_ v. _N. Y. Society_, 234 N. Y. 1). And, as decided in the case

just cited, a publication can be lawful even if it should happen to

contain indecent passages.

6--The passages, to which reference has been made in the complaint

originally filed in Special Sessions, are not indecent.

We submit that, having in mind the context, there is nothing in

“Jurgen” which is indecent. A man studiously on the alert for the

indecent can put his finger on certain words in the book; but the

very meaning of these words is decent if we will but read them in the

connection to which they are meant to refer. And other things that

are said, so far from being indecent, are things lawfully to be said,

unless the body of our literature should perish from the earth.

All of this is illustrated by the bill of particulars which Mr.

Sumner, one of the prosecutors in this case, furnished when he filed

a complaint in the Special Sessions. Mr. Sumner there enumerates the

pages containing, as he thinks, lewd and obscene matter. We shall now

deal with the particulars thus furnished.

What is there to complain of on pages 59, 88, 99, 114, 134-5, 275?

Pages 88 and 99 require no discussion. On pages 134-5 Guenevere takes

leave of Jurgen, that is all. On page 59 occurs “temptress”, which is

not obscene. On page 114 the ghost of Smoit tells Jurgen that he is his

grandfather, instead of the putative ancestor whom Jurgen had always

accepted. But if this is lewd, then we must stop the sale of such books

as Thackeray’s “Henry Esmond”. On page 275 Jurgen stops his vampire

wife from sucking his blood through biting his chest. Burne-Jones’

painting “The Vampire”, is familiar,--even to those of us who never

frequent galleries at home or abroad,--through Kipling’s famous poem.

But as perhaps it is not suitable thus to summarize the particulars

which Mr. Sumner was at such pains to gather, we will take the other

pages which he mentions and deal with them _seriatim_.

Pages 57-8--Jurgen’s conversation with Dorothy in the garden. A kiss is

not indecent. Temptation came, but it was dispelled.

Page 61--Reference to “the bed” is made--But for whom? The bride. A

bridal bed is not obscene or lewd. _Vide_ wedding march in “Lohengrin”,

and the relative chapters in Scott’s “The Bride of Lammermuir”.

Page 63--“Had wondered if he were really the first man for whom she had

put a deceit upon her husband”, etc. If this is obscene, then nearly

all current fiction is, to say nothing of the classics, ancient or

modern.

Page 64--Jurgen counts up his conquests. But so did Don Juan. “The end

of all is death”--but so said Villon--“_Ou sont les nieges d’antan?_”

Page 67--Speaks simply of a kiss. Whether long or short, a kiss is not

lewd.

Page 80--Jurgen is talking about Guenevere to her father--“I can get

justice done me anywhere, in all the bed chambers of the world.” If

this is lewd, then we should abolish Ophelia’s mad song in Hamlet.

Anyhow, Jurgen goes on to say (same page) “I only meant in a manner of

speaking, sir.”

Pages 84-6--Jurgen tells Yolande she must reward him by candle light,

etc. This contains no description of any offensive act. There is

nothing explicit.

Page 89--Guenevere’s father suspects that she was not entirely chaste

while in the giant’s cavern. Has literature, ancient or modern, never

previously exposed a father’s doubt of his daughter’s chastity? Did no

one ever study the Greek tragedies?

Page 90--The King wonders whether “a thing like this is happening” in

his city in many places, and Jurgen says that it probably is. Sinclair

Lewis has similar speculations in “Babbitt”. The references to a

“breakage” refer to infractions of moral law.

Page 92--The King says that, if Jurgen has had improper relations with

Guenevere, he should lie like a gentleman. Where is the obscenity? Has

not that phrase become time-worn, in literature and conversation, since

the late eighties?

Page 98--Jurgen looks forward “to more intimate converse” with the

lady. Entirely compatible with just what it says. The dreadful word

“liaison” also is used. But the late war has brought it into such

use--“liaison officer”; “liaison between the Y. M. C. A. and the

chaplains’ corps”, etc.--that the word now has _Anglice_ the extensive

meaning that the French always allowed it.

Pages 100, 102, 104-8--These deal with Jurgen’s affair with Guenevere.

If read as a whole, bearing in mind the outstanding point, that

Guenevere’s characteristic was “her innocence, combined with a certain

moral obtuseness” (108) there is nothing lewd or obscene in this any

more than in Hardy’s “Tess of the D’Urbervilles”. Reference may be made

to page 102, where Jurgen had his answer to the question, what sort of

service did women most cordially appreciate. He believed they did not

really desire to be served as (103) a symbol of Heaven’s perfection,

as (336) half goddess, half bric-a-brac. But this opinion was not

suitable for a mixed audience in Glathion, where people believed

otherwise (104-108). They are not said to have done anything but kiss

and talk. The reasons for their talking in privacy are logical. If any

improprieties took place the text nowhere alludes to them. Compare the

first part of Goethe’s “Faust,” Scott’s “The Heart of Midlothian,”

George Eliot’s “Adam Bede” and “Middlemarch,” or Stevenson’s “Weir of

Hermiston,” for precisely similar seductions.

Page 120--Jurgen gets into the bedroom of the Bishop. “His eminence was

not alone, but as both occupants of the _apartment_ were asleep, Jurgen

saw nothing unepiscopal”.--If we are to be literal, then let us observe

that this passage does not say (_a_) that the other was a female; (_b_)

that they were in bed together. Sterne’s “Sentimental Journey” has

passages much more explicit.

Page 144--Jurgen talks concerning Guenevere and Lancelot. Tennyson, in

verse, discoursed of the same thing.

Pages 161-8--Deal with Jurgen’s matrimonial quarrels with Anaitis,

who, for all she is a nature myth and believes in symbolism, is

quarrelsome. She does not like Jurgen to “talk so flippantly about her

religion” (165) and regrets his dislike of his “in-laws”, such as Apis,

the well-known Egyptian god, who “will go about in public wearing

a bull’s head”. What is lewd or obscene here? Surely not the terms

“sacti-sodhana” and “muntrus”. They may look obscene because they are

in an unfamiliar language, but in that language, Sanscrit, counsel are

informed, they refer to religious rites of the Brahmins, who are not

commonly rated as lewd.

Pages 170-1--Shows that nature myths last only as long as the

philologists let them, hence they are Epicureans. But Jurgen, being a

doubter, is not sure that death ends all. Is there anything Lewd or

obscene in this quaint turning of the tables on the materialists?

Pages 174-7--Continues the matrimonial life of Jurgen and Anaitis,

ending with the conviction, forced on him, that the ruling spirit

of this land of hers is nothing else but Cybele, the Roman goddess

of earth, or Æsred, or Sereda, as she is variously called. And so

he became convinced “that all such employment was a peculiarly

unimaginative pursuit of happiness” (177). Surely a good moral lesson,

if anything.

Page 186--Simply a symbolic way of telling us that “Time begets

nothing”. He sleeps in Atlantis, while Briareus watches. Life is a

ceaseless round, history is a ceaseless round, of old things. It is a

commonplace of Greek mythology that Chronos, [Time] was mutilated by

his son Zeus.

Pages 186, 321, 154--Carry reference to the fact that there are such

things as eunuchs. If it is wrong to refer to eunuchs, then most

literature, not only of the East, but referring to it, should be

expunged. St. Philip’s first convert was an eunuch (Acts VIII, 26-40).

In “Innocents Abroad” Mark Twain gives the story of the revenge which

Heloise’s uncle caused to be taken upon Abelard.

Page 211--Refers to the priests of Cybele. If they were eunuchs,

that would not be, as said above, an obscene fact. But they were not

eunuchs, as it happened. The priests of Cybele were madmen: that

is, they had been deprived of their wits, and had thus “parted with

possessions which Jurgen valued”. Above all things the practical-minded

Jurgen valued sanity. See Tooke’s “Pantheon,” p. 172: “The Priests of

Cybele were named Galli, from a river of Phrygia. Such was the nature

of the water of this river, that whoever drank of it immediately grew

mad. The Galli, as often as they sacrificed, furiously cut and slashed

their arms with knives; and thence all furious and mad people were

called Galantes.”

Jurgen and the law · 第 12 / 16 题