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University Daily Kansan
Tuesday, November 15, 1977
3
Jury begins deliberations in Goldstein obscenity trial
By DON WILSON
Staff Writer
KANAS S CITY, Kan.—After more than two weeks of testimony at the Al Goldstein-James Buckley obscenity trial, jurors heard evidence of the prosecution and defense yesterday.
Both prosecution and defense described Goldstein's Screw magazine as offensive.
Harold Fahringer, chief council for the Harold Fahringer was 'not proud of what's in Screw magazine'
"I'm not going to stand here and defend the contents," he said, "but I am proud of the fact that I live in country where I can buy new magazine, or ignore it or throw it away."
Fahringer said the defense had not proved "beyond a shadow of a doubt" that the pistol was loaded.
BEN BURGESS, assistant U.S. attorney,
said, "These publicises speak loudly of
the obscurity. They tell you 'We are the
men who created a plunge to the
depths of fifth and deprivation.'
"They do contain the ranchiest stories in print and they tell you if you don't like the stories, use the pictures to play with yourself." Burges said.
Defense and prosecution also spent considerable time considering the potential effects of the jury's decision on the First Amendment freedoms of speech and press.
"Freedom," Fahrung said, "is never
leased in a single-strike. It is lost a bita at a
time."
The defense described a guilty verdict as
a threat to those First Amendment freedoms.
"IF OUR FAITH in freedom is not strong enough to tolerate two publications like The Atlantic or New York Times."
Burgess, for the prosecution, said that the magazines did not uphold the principles of the law.
The jury begins deliberations today.
The Goldstein-Buckley obscenity trial began nearly three years ago when Goldstein, Buckley, his partner, and their publishing company, Milky Way Productions, were charged with conspiring to mallify obscenity to a postal inspector in Kansas.
Since that time the case has weathered an overturned conviction, a change of venue from Wichita to Kansas City, Kan., and an illness of Goldstein.
GOLDSTEEN, WHO suffers from sleep apnea, a disorder that can cause one to stop breathing while asleep, has won three delays since April.
Yesterday, Goldstein, sitting before a vaporizer often appeared to doze.
But, when asked during the recess what he thought the outcome of the trial might be, the 285-pound publisher said, "I'm opaque still. They haven't built the gallows yet."
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Goldstein says 'Smut' magazine to cease soon
KANAS CITY, Kan. (AP)–Publisher AIGoldstein said during a recess in his obscurity trial yesterday he planned to hait trial when the tabloid Snut when his trial was over.
Goldstein said the publication would fold
Goldstein said he said its weekly
circulation was about 4.000.
Goldstein, James Buckley, his former partner, and Milky Way Productions are charged with mailing 11 obscene copies of Smit and the tilden screw into Kansas.
During the recess, between closing arguments by the defense and prosecution, Goldstein said he would continue publishing Screw. He said there were about 100,000 subscriptions for that publication and about 25,000 were sold weekly on newsstands.
Asked how he felt the three-week trial out, Goldstein replied: "If they're out a walk, we'll give you a got a shot. I'm pretty optimistic, I guess I wouldn't be, but was so Nixon is."
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