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1. Cover Page

2. Title Page

3. Copyright Page

4. Where are the Lesson Files?

5. Contents

6. Acknowledgments

7. Important!

8. Credits

9. About the author

10. Getting Started

1. About Classroom in a Book

2. What’s in this book

3. Prerequisites

4. Installing Adobe Audition

5. Online content

6. Lesson files

7. Web Edition

8. Accessing the Lesson Files and Web Edition

9. Restoring default preferences

10. Additional resources

11. Adobe Authorized Training Centers

11. 1 Set Up Adobe Audition CC

1. Audio interface basics

2. macOS audio setup

3. Windows audio setup

4. Testing inputs

5. Using external interfaces

6. Keyboard shortcuts

12. 2 The Audition Interface

1. Two applications in one

2. Audition workspaces

3. Explore the interface

13. 3 Waveform Editing

1. Open a file

2. Video files

3. Select regions

4. Cut, Copy, and Paste

5. Use multiple clipboards

6. Mix paste

7. Create a loop

8. Showing waveform data under the cursor

9. Add fades

14. 4 Effects

1. Effects basics

2. Using the Effects Rack

3. Effect categories

4. Amplitude and Compression effects

5. Delay and echo effects

6. Filter and EQ effects

7. Modulation effects

8. Noise reduction/restoration

9. Reverb effects

10. Special effects

11. Stereo imagery effects

12. Time and Pitch effects

13. Third-party effects (VST and AU)

14. Using the Effects menu

15. Presets and favorites

15. 5 Audio Restoration

1. About audio restoration

2. Reducing hiss

3. Reducing crackles

4. Reducing pops and clicks

5. Reducing broadband noise

6. De-humming a file

7. Removing artifacts

8. Manual sound removal

9. The Spot Healing brush

10. Automated sound removal

16. 6 Mastering

1. Mastering basics

2. Equalization

3. Dynamics

4. Ambience

5. Stereo imaging

6. Push the drum hits; then apply the changes

7. Mastering diagnostics

17. 7 Sound Design

1. About sound design

2. Generate noise, speech, and tones

3. Creating rain sounds

4. Creating a babbling brook

5. Creating insects at night

6. Creating an alien choir

7. Creating sci-fi machine effects

8. Creating an alien drone flyby

9. Extracting frequency bands

18. 8 Creating and Recording Files

1. Recording into the Waveform Editor

2. Recording into the Multitrack Editor

3. Checking remaining free space

4. Dragging into an Audition editor

5. Importing tracks as individual files from an audio CD

19. 9 Multitrack Sessions

1. About multitrack production

2. Create a multitrack session

3. Multitrack session templates

4. Multitrack and Waveform Editor integration

5. Changing track colors

6. The Tracks panel

7. Loop selections for playback

8. Track controls

9. Channel mapping in the Multitrack Editor

10. The Multitrack Editor Effects Rack

20. 10 Multitrack Session Editing

1. Create a mixtape

2. Mixing or exporting a collection of clips as a single file

3. Merge clips into a single file

4. Editing clip length

5. Clip edits: Split, Trim, Volume

6. Extend a clip via looping

7. Remix

21. 11 Automation

1. About automation

2. Clip automation

3. Track automation

22. 12 Video Soundtracks

1. Multitrack session video

2. Audition integration with Adobe Premiere Pro CC

3. Automatic Speech Alignment

23. 13 The Essential Sound Panel

1. Automating tasks

2. Assigning audio types

3. Essential Sound panel presets

24. 14 The Multitrack Mixer

1. Audio Mixer basics

25. 15 Creating Music with Sound Libraries

1. About sound libraries

2. Download Adobe sound effects

3. Preparing

4. Building a rhythm track

5. Adding more percussion

6. Adding melodic elements

7. Using loops with different pitch and tempo

8. Adding effects

26. 16 Recording and Output in the Multitrack Editor

1. Getting ready to record a track

2. Setting up the metronome

3. File management

4. Recording a part in a track

5. Recording an additional part (overdub)

6. Punching over a mistake

7. Composite recording

8. Exporting a stereo mix of the song

9. Exporting with Adobe Media Encoder

27. 17 Mixing

1. About mixing

2. Testing your acoustics

3. The mixing process

28. Index

1. i

2. ii

3. iii

4. iv

5. v

6. vi

7. vii

8. viii

9. ix

10. x

11. 1

12. 2

13. 3

14. 4

15. 5

16. 6

17. 7

18. 8

19. 9

20. 10

21. 11

22. 12

23. 13

24. 14

25. 15

26. 16

27. 17

28. 18

29. 19

30. 20

31. 21

32. 22

33. 23

34. 24

35. 25

36. 26

37. 27

38. 28

39. 29

40. 30

41. 31

42. 32

43. 33

44. 34

45. 35

46. 36

47. 37

48. 38

49. 39

50. 40

51. 41

52. 42

53. 43

54. 44

55. 45

56. 46

57. 47

58. 48

59. 49

60. 50

61. 51

62. 52

63. 53

64. 54

65. 55

66. 56

67. 57

68. 58

69. 59

70. 60

71. 61

72. 62

73. 63

74. 64

75. 65

76. 66

77. 67

78. 68

79. 69

80. 70

81. 71

82. 72

83. 73

84. 74

85. 75

86. 76

87. 77

88. 78

89. 79

90. 80

91. 81

92. 82

93. 83

94. 84

95. 85

96. 86

97. 87

98. 88 99. 89

100. 90

101. 91

102. 92

103. 93

104. 94 105. 95 106. 96

107. 97

108. 98 109. 99

110. 100

111. 101

112. 102

113. 103

114. 104

115. 105

116. 106

117. 107

118. 108

119. 109

120. 110

121. 111

122. 112

123. 113

124. 114

125. 115

126. 116

127. 117

128. 118

129. 119

130. 120

131. 121

132. 122

133. 123

134. 124

135. 125

136. 126

137. 127

138. 128

139. 129

140. 130

141. 131

142. 132

143. 133

144. 134

145. 135

146. 136

147. 137

148. 138 149. 139

150. 140

151. 141

152. 142

153. 143

154. 144

155. 145

156. 146

157. 147

158. 148

159. 149

160. 150

161. 151

162. 152

163. 153

164. 154

165. 155

166. 156

167. 157

168. 158

169. 159

170. 160

171. 161 172. 162

173. 163

174. 164

175. 165

176. 166

177. 167

178. 168 179. 169

180. 170

181. 171 182. 172

183. 173

184. 174 185. 175

186. 176

187. 177

188. 178

189. 179

190. 180

191. 181

192. 182

193. 183

194. 184

195. 185

196. 186

197. 187

198. 188

199. 189

200. 190

201. 191

202. 192

203. 193

204. 194

205. 195

206. 196

207. 197

208. 198

209. 199

210. 200

211. 201

212. 202

213. 203

214. 204

215. 205

216. 206

217. 207

218. 208

219. 209

220. 210

221. 211

222. 212

223. 213

224. 214

225. 215

226. 216

227. 217

228. 218

229. 219

230. 220

231. 221

232. 222

233. 223

234. 224

235. 225

236. 226

237. 227

238. 228

239. 229

240. 230

241. 231

242. 232

243. 233

244. 234

245. 235

246. 236

247. 237

248. 238

249. 239

250. 240

251. 241

252. 242

253. 243

254. 244

255. 245

256. 246

257. 247

258. 248

259. 249

260. 250

261. 251

262. 252

263. 253

264. 254

265. 255

266. 256

267. 257

268. 258

269. 259

270. 260

271. 261

272. 262

273. 263

274. 264

275. 265

276. 266

277. 267

278. 268

279. 269

280. 270

281. 271

282. 272

283. 273

284. 274

285. 275

286. 276

287. 277

288. 278

289. 279

290. 280

291. 281

292. 282

293. 283

294. 284

295. 285

296. 286

297. 287

298. 288

299. 289

300. 290

301. 291

302. 292

303. 293

304. 294

305. 295

306. 296

307. 297

308. 298

309. 299

310. 300

311. 301

312. 302

313. 303

314. 304

315. 305

316. 306

317. 307

318. 308

319. 309

320. 310

321. 311

322. 312

323. 313

324. 314

325. 315

326. 316

327. 317

328. 318

329. 319

330. 320

331. 321

332. 322

333. 323

334. 324

335. 325

336. 326

337. 327

338. 328

339. 329

340. 330

341. 331

342. 17-2

343. 17-3

344. 17-4

345. 17-5

346. 17-6

347. 17-7

348. 17-8

349. 17-9

350. 17-10

351. 17-11

352. 17-12

353. 17-13

354. 17-14

355. 17-15

356. 17-16

357. 17-17

358. 17-18

359. 17-19

360. 17-20

361. 17-21

362. 17-22

363. 17-23

364. 17-24

365. 17-25

366. 17-26

367. 17-27

368. 17-28

369. 17-29

370. 17-30

371. 332

372. 333

373. 334

374. 335

375. 336

376. 337

377. 338

378. 339

379. 340

380. 341

381. 342

Adobe Audition CC Classroom in a Book®, Second Edition

© 2019 Adobe All rights reserved

Adobe Press is an imprint of Pearson Education, Inc For the latest on Adobe Press books, go to www adobepress com To report errors, please send a note to errata@peachpit com For information regarding permissions, request forms and the appropriate contacts within the Pearson Education Global Rights & Permissions department, please visit www pearsoned com/permissions

If this guide is distributed with software that includes an end user license agreement, this guide, as well as the software described in it, is furnished under license and may be used or copied only in accordance with the terms of such license Except as permitted by any such license, no part of this guide may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of Adobe Systems Incorporated Please note that the content in this guide is protected under copyright law even if it is not distributed with software that includes an end user license agreement

The content of this guide is furnished for informational use only, is subject to change without notice, and should not be construed as a commitment by Adobe Systems Incorporated Adobe Systems Incorporated assumes no responsibility or liability for any errors or inaccuracies that may appear in the informational content contained in this guide

Please remember that existing artwork or images that you may want to include in your project may be protected under copyright law The unauthorized incorporation of such material into your new work could be a violation of the rights of the copyright owner. Please be sure to obtain any permission required from the copyright owner.

All sound examples provided with the lessons are copyright © 2013 by Craig Anderton and © 2018 by Maxim Jago However, purchasers of this book are granted a non-exclusive, royalty-free license to use any of these loops and samples in their own projects, as part of musical compositions This license prohibits using them commercially, in loop libraries, or in sound libraries of any kind The video file used in Lesson 12 is courtesy of Harmony Central Inc , and used with permission

Any references to company names in sample files are for demonstration purposes only and are not intended to refer to any actual organization

Adobe, the Adobe logo, Adobe Media Encoder, Audition, Classroom in a Book, and Premiere Pro are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries Apple, Mac, and macOS, are trademarks of Apple Inc , registered in the U S and other countries Microsoft, Windows, Windows 10 are either registered trademarks or trademarks of Microsoft Corporation in the U S and/or other countries All other trademarks are the property of their respective owners.

Adobe Systems Incorporated, 345 Park Avenue, San Jose, California 95110-2704, USA

Notice to U S Government End Users The Software and Documentation are “Commercial Items,” as that term is defined at 48 C F R §2 101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C F R §12 212 or 48 C F R §227 7202, as applicable Consistent with 48 C F R §12 212 or 48 C F R §§227 7202-1 through 227 7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U S Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741 The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference

Writer: Maxim Jago

Executive Editor: Laura Norman

Development Editor: Victor Gavenda

Technical Reviewer: Alberto Moreno

Senior Production Editor: Tracey Croom

Copyeditor: Linda Laflamme

Composition: Danielle Foster

Proofreader: Becky Winter

Indexer: Jack Lewis

Cover Illustration: behance net/petergaillard

Cover Designer: Eddie Yuen

Interior Designer: Mimi Heft

ISBN-13: 978-0-135-22832-6

ISBN-10: 0-135-22832-8

1 18

Where

are the

Lesson Files?

Purchase of this Classroom in a Book in any format gives you access to the lesson files you’ll need to complete the exercises in the book.

You’ll find the files you need on your Account page at peachpit com on the Registered Products tab.

1. Go to www.peachpit.com/register.

2. Sign in or create a new account.

3. Enter the ISBN: 9780135228326.

4. Answer the questions as proof of purchase.

5. The lesson files can be accessed through the Registered Products tab on your Account page.

6. Click the Access Bonus Content link below the title of your product to proceed to the download page. Click the lesson file links to download them to your computer.

Contents

GETTING STARTED

About Classroom in a Book

What’s in this book

Prerequisites

Installing Adobe Audition

Online content

Lesson files

Web Edition

Accessing the Lesson Files and Web Edition

Restoring default preferences

Additional resources

Adobe Authorized Training Centers

1 SET UP ADOBE AUDITION CC

Audio interface basics

macOS audio setup

Windows audio setup

Testing inputs

Using external interfaces

Keyboard shortcuts

2 THE AUDITION INTERFACE

Two applications in one

Audition workspaces

Explore the interface

3 WAVEFORM EDITING

Open a file

Video files

Select regions

Cut, Copy, and Paste

Use multiple clipboards

Mix paste

Create a loop

Showing waveform data under the cursor

Add fades

4 EFFECTS

Effects basics

Using the Effects Rack

Effect categories

Amplitude and Compression effects

Delay and echo effects

Filter and EQ effects

Modulation effects

Noise reduction/restoration

Reverb effects

Special effects

Stereo imagery effects

Time and Pitch effects

Third-party effects (VST and AU)

Using the Effects menu

Presets and favorites

5 AUDIO RESTORATION

About audio restoration

Reducing hiss

Reducing crackles

Reducing pops and clicks

Reducing broadband noise

De-humming a file

Removing artifacts

Manual sound removal

The Spot Healing brush

Automated sound removal

6 MASTERING

Mastering basics

Equalization Dynamics

Ambience

Stereo imaging

Push the drum hits; then apply the changes

Mastering diagnostics

7 SOUND DESIGN

About sound design

Generate noise, speech, and tones

Creating rain sounds

Creating a babbling brook

Creating insects at night

Creating an alien choir

Creating sci-fi machine effects

Creating an alien drone flyby

Extracting frequency bands

8 CREATING AND RECORDING FILES

Recording into the Waveform Editor

Recording into the Multitrack Editor

Checking remaining free space

Dragging into an Audition editor

Importing tracks as individual files from an audio CD

9 MULTITRACK SESSIONS

About multitrack production

Create a multitrack session

Multitrack session templates

Multitrack and Waveform Editor integration

Changing track colors

The Tracks panel

Loop selections for playback

Track controls

Channel mapping in the Multitrack Editor

The Multitrack Editor Effects Rack

10 MULTITRACK SESSION EDITING

Create a mixtape

Mixing or exporting a collection of clips as a single file

Merge clips into a single file

Editing clip length

Clip edits: Split, Trim, Volume

Extend a clip via looping

Remix

11 AUTOMATION

About automation

Clip automation

Track automation

12 VIDEO SOUNDTRACKS

Multitrack session video

Audition integration with Adobe Premiere Pro CC

Automatic Speech Alignment

13 THE ESSENTIAL SOUND PANEL

Automating tasks

Assigning audio types

Essential Sound panel presets

14 THE MULTITRACK MIXER

Audio Mixer basics

15 CREATING MUSIC WITH SOUND LIBRARIES

About sound libraries

Download Adobe sound effects

Preparing

Building a rhythm track

Adding more percussion

Adding melodic elements

Using loops with different pitch and tempo

Adding effects

16 RECORDING AND OUTPUT IN THE MULTITRACK EDITOR

Getting ready to record a track

Setting up the metronome

File management

Recording a part in a track

Recording an additional part (overdub)

Punching over a mistake

Composite recording

Exporting a stereo mix of the song

Exporting with Adobe Media Encoder

17 MIXING (ONLINE)

INDEX

Acknowledgments

Producing effective learning materials for such an advanced technology is a team effort. Friends, colleagues, fellow filmmakers, and technology experts have all contributed to this book.

Everything on these pages was inspected by a team of experienced editors who checked and corrected typos, spelling errors, naming errors, false attributions, suspect grammar, unhelpful phrasing, and inevitably inconsistent descriptions. This wonderful team didn’t just highlight text that needed correcting. They offered perfect replacements that I could simply agree to, so in a literal sense, this book is the product of many people’s contributions. I’d like to thank the teams at Peachpit and Adobe Press, who made it possible to produce such a beautifully finessed work.

As each draft chapter was completed, the most amazing and highly experienced Victor Gavenda checked over the text to make sure it was ideally accessible for learners, and all references to the technology were run by the remarkable audio expert Alberto Moreno, a multi-award-winning sound engineer with an incredible understanding of audio workflows. The extraordinary copy editor Linda Laflamme helped make sense of complex technical descriptions for new readers, and Tracey Croom made sure the layout was clear and accessible

A considerable amount of the content of this book is derived from material written by Craig Anderton in the previous edition. Craig worked out the original table of contents. Although I have updated his chapters, rephrased and reworded them, a substantial amount is significantly informed by his original work, especially the step-by-step exercises and most of the media assets. I tip my hat to Craig for such an incredible understanding of audio technology.

And let’s not forget Adobe! The passion and enthusiasm demonstrated by those wonderful individuals, who are so committed to creatives like you and me is quite extraordinary. Many thanks to the whole team.

Maxim Jago

Filmmaker, Futurist, Keynote Speaker maximjago.com

Important!

The video clips, audio clips, and other media files provided with this book are practice files, provided for your personal use in these lessons. You are not authorized to use these files commercially or to publish, share, or distribute them in any form without written permission from Adobe Systems, Inc., and the individual copyright holders of the various items. Do not share videos or audios created with these lesson files publicly This includes, but is not limited to, distribution via social media or online video services including YouTube and Vimeo. You will find a complete copyright statement on the copyright page at the very start of this book.

Credits

Video from the film Journey To New York, © Maxim Jago 2017. All other sound media © Craig Anderton 2013 Used by permission

Another random document with no related content on Scribd:

The Project Gutenberg eBook of Jurgen and the law

This ebook is for the use of anyone anywhere in the United States and most other parts of the world at no cost and with almost no restrictions whatsoever. You may copy it, give it away or re-use it under the terms of the Project Gutenberg License included with this ebook or online at www.gutenberg.org. If you are not located in the United States, you will have to check the laws of the country where you are located before using this eBook.

Title: Jurgen and the law

A statement, with exhibits, of the Court's opinion, and the brief for the defendants on motion to direct an acquittal

Editor: Guy Holt

Release date: August 24, 2023 [eBook #71475]

Language: English

Original publication: United States: Robert M. McBride & Company, 1922

Credits: Charlene Taylor, Terry Jeffress and the Online Distributed Proofreading Team at https://www.pgdp.net (This file was produced from images generously made available by The Internet Archive/American Libraries.) *** START OF THE PROJECT GUTENBERG EBOOK JURGEN AND THE LAW ***

Jurgen and the Law

This edition is limited to one thousand and eighty numbered copies, of which one thousand are for sale.

Copy Number 675

JURGEN AND THE LAW

A STATEMENT

With Exhibits, including the Court’s Opinion, and the Brief for the Defendants on Motion to Direct an Acquittal

1923

Copyright, 1922, by R M. MB C.

Printed in the United States of America

Published, January, 1923

JURGEN AND THE LAW A STATEMENT

A STATEMENT

If Mr. Cabell had not pre-empted the phrase, the words with which he characterized the tale Jurgen might well be used as a title for an account of the tale’s adventures with the law. Those adventures, which the matter of this book commemorates no less effectively than it helped to divert them from a less happy outcome, form indeed a comedy of justice: a comedy which, perhaps, aroused more of indignation than of mirth, and which, in its duration, somewhat exceeded the time-limit that a canny dramatist allots himself, but which ended appropriately on a note of justice, and thus showed Mr. Cabell to be not only the maker of a happily descriptive phrase but also somewhat of a prophet.

Well, the comedy of Jurgen’s suppression is ended. The book is admitted once more to the freedom of the library, and the pawnbroker is again at liberty to wander throughout the universe in search of rationality and fair dealing. And in due course, time and the wisdom of other generations will decide whether the pawnbroker, or the book, or the adventures of either be in any way memorable.

Today, however, the vicissitudes of Jurgen are of indisputable importance, if only because similar misfortunes may overtake yet other publications. At the moment it appears that the position of literature is less precarious than it has been in the recent past. For the courts, of late, with gratifying accord have failed to detect obscenity in a number of volumes at which professional righteousness has taken offense, and there apparently is cause to hope that legal precedent will dispel the obscurity which so long has surrounded decency—within the meaning of the statute. Yet it is still possible for an incorporated organization to waylay and imprison art: to exercise by accusation a censorship which impermanence makes no less dangerous. Until the difference between the liberty permitted to art and the license forbidden to the vulgar be clearly defined, it remains impossible for any artist to foreknow how fully he may describe and thereby interpret life as he sees it, or for the community

to enjoy uninterrupted access to much of the best of ancient and modern literature.

In the pages which follow is printed an argument that expressly defines the test whereby that which is legally permissible and that which is prohibited may be determined. It is, explicitly, an argument in behalf of Jurgen, submitted at the trial of the publishers of that book: and it is published in book form, in part because of its intrinsic interest to all readers of Cabell, in part because it is a valuable addition to the literature of censorship. But here there seems need to preface the argument with a brief history of the Jurgen case.

II

It is now a trifle less than three years ago that a Mr. Walter J. Kingsley, a theatrical press agent, sent to the literary editor of a New York newspaper a letter[1] directing attention to James Branch Cabell’s Jurgen as a source of lewd pleasure to the sophisticated and of menace to the moral welfare of Broadway. Hitherto Jurgen had found some favor with a few thousands of discriminating readers; it had been advertised—with, its publishers must now admit, a disregard of the value of all pornographic appeal—as literature. Critics, with varying degrees of enthusiasm, had applauded the book as a distinguished addition to American letters; three editions had been printed and the tale promised to enjoy the success to which its wit, its beauty and the profundity of its theme entitled it. No one, until Mr Kingsley broke silence, had complained of Jurgen as an obscene production; no letters of condemnation had been received by the publishers; and the press had failed to suggest that decorum, much less decency, had anywhere been violated.

Mr. Kingsley’s letter altered affairs. Immediately a chorus in discussion of Jurgen arose. In the newspapers appeared many letters, some in defense of the book, others crying Amen to Mr. Kingsley. Within a week, the merry game of discovering the “key” to Jurgen was well under way and a pleasant, rather heated controversy had begun. In the upshot some one sent a clipping of

the Kingsley letter to Mr John S. Sumner, secretary of the New York Society for the Suppression of Vice, calling upon him to do his duty. Mr. Sumner procured a copy of the book, and, on January 14th, 1920, armed with a warrant, he entered the offices of the publishers, seized the plates and all copies of the book and summoned the publishers to appear in court the following day on a charge of violating section 1141 of the Penal code.[2]

Thereafter the record is uneventful. Mr. Sumner’s complaint[3] was duly presented and the case was called for formal hearing in the magistrate’s court on January 23. Upon that date the defendants waived examination and the case was committed for trial in the Court of Special Sessions. The trial was set for March 8, but upon motion of Mr. John Quinn, then Counsel for the Defense, who appeared before Justice Malone, the case was submitted for consideration to the Grand Jury which found an indictment against the publishers[4] thereby transferring the case to the Court of General Sessions and enabling the defendants to secure a trial by jury. On May 17, 1920, the publishers pleaded not guilty ... and, until October 16, 1922, awaited trial.

For, in New York, a “crime wave” was in progress. The courts were crowded with cases which involved other than a possible technical violation of the laws; and, however anxious to rid the docket of the Jurgen case, neither the courts nor the District Attorney’s office could do other than give precedence to the trials of persons charged with more serious offenses.

On October 16, then, two and one half years after the indictment, the Jurgen case was called before Judge Charles C. Nott in the Court of General Sessions. A jury was drawn, the book was submitted in evidence and the people’s case was presented. The defendants, through their attorneys, Messrs. Goodbody, Danforth and Glenn, and their counsel, Mr. Garrard Glenn, moved for the direction of a verdict of acquittal, submitting, in behalf of their motion, the brief which is printed hereinafter. The trial was adjourned for three days; and on October 19, 1922, Judge Nott rendered his

decision, which also appears hereinafter, and directed the jury to bring in a verdict of acquittal.

III

There ends the record of the tale Jurgen’s adventures with the law. The record is, as has been said, uneventful. A book had been impugned, that is all. An author had been vilified and his publishers indicted; certain thousands of readers had been deprived of access to a book which critical opinion had commended to their interest; and author and publishers both had been robbed of the revenues from whatever sale the book might have had during the nearly three years in which it was removed from publication.

True, Mr. Cabell and his book had received much publicity.... There is a legend, indeed, that the author of Jurgen (and of a dozen other distinguished books) owes much of his present place in letters to the advertising which Mr. Sumner involuntarily accorded him. But one may question that. An examination of the publishers’ files seem to show that most of the expressions of admiration for Jurgen were repetitions of an enthusiasm expressed before the book’s “suppression.” And if the enthusiasm and the sympathy of Mr. Cabell’s admirers were hearteningly evident, the attacks of his detractors did not flag; and an inestimable number of persons, knowing Mr. Cabell’s work only through the recorded opinions of Messrs. Kingsley and Sumner, did certainly condemn him unread and, shuddering, barred their library doors against him.... No, Mr Cabell owes no debt of thanks to the accusers of Jurgen

But all this is by the way. The argument, which appears in the following pages, is of importance not alone because it so ably defends Jurgen, but because it defines, more clearly than any other recent document, the present legal status of literature in America in relation to permissible candor in treatment and subject matter. The brief is not in any sense an argument in behalf of unrestricted publication of any matter, however obscene, or indeed in behalf of the publication of obscenity in any form. It is not a denial of the community’s right to protect itself from offenses against good taste or

against its moral security, or to punish violation of the laws by which the public welfare is safe-guarded.

But one need not be an apologist of license to perceive that there is in a thoughtful consideration of every aspect of life no kinship to indecency; or to perceive that the community cannot, without serious danger to its own cultural development, ignore the distinction between the artist’s attempt to create beauty by means of the written word, and the lewd and vulgar outpourings of the pornographer. When these two things are confused by a semi-official organization which is endowed with suppressive powers, even when the courts fail to sustain its accusations, the menace to the community is measurably increased. As a protection against this menace the brief presents, with admirable clarity, a legal test, the validity of which common sense will readily recognize, for the determination of literature as distinct from obscenity.

New York City, November 14, 1922.

BRIEF FOR THE DEFENDANTS ON MOTION TO DIRECT AN ACQUITTAL

INDEX

I. The question presented is one of law, which the Court should decide 20

II. The test is the literary as distinct from the pornographic 21

III. In applying this test, all reasonable doubt should be resolved in favor of the book 30

IV. 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 31

V. The book, read as a whole, sustains the test of the law 34

VI. The passages, to which reference has been made in the complaint originally filed in Special Sessions, are not indecent 57

VII. In conclusion 68

Court of General Sessions of the Peace

IN AND FOR THE COUNTY OF NEW YORK.

P S N Y

G H, R M. MB

C and R M. MB

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

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