**note: click on back button to return to home page** ARRESTS AND PROSECUTIONS OF SAMUEL ROTH Note: the date at the top of each entry is that of the arrest or citation. For explanation of source abbreviations see _Bookleggers and Smuthounds_, "Notes" (p.309), and "Selected Bibliography, Archival Sources," (pp.381-82) JANUARY 1923 charge: mailing obscene lit. (Perfumed Garden--"Kama Shastra Society") disposition: guilty--6 months, sentence suspended source: New York City police dept memo, 26 Feb. 1954 (Winchell archive) JANUARY 1928 Charge: mailing obscene circular (for Perfumed Garden) disposition: $500 fine; 6 months in jail (sentence suspended) source: Ledgers, 1928; Roth, Stone Walls I: 115-18; "Summary of Report . . . ," HH-Misrep. JUNE 1928 charge: possessing indecent materials with intent to sell (at Book Auction bookshop) disposition: three months in workhouse (for violating parole) source: New York City police dept memo, 26 Feb. 1954 (Winchell archive); Ledgers, 1928; FBI Files (document: NY71-780). OCTOBER 1929 charge: possession and sale of indecent literature (Lady Chatterley's Lover, Ulysses, Fanny Hill, other titles and pictures seized at Golden Hind Press) disposition: two sources (Winchell archives, Ledgers) say charges were dismissed. Roth could not be directly linked to the sale of the books. But he was clearly involved in the operations of the Golden Hind. The "jacket" of the Indictment of U.S. v. Samuel Roth, C53-79, U. S. District Court, So. District of N.Y., states he was sentenced to "six months imprisonment in the Detention Headquarters, NYC" for violation of parole. Sentence reduced to four for good behavior. source: see disposition JUNE 1930 charge: sale and possession of obscene books (Ulysses) in Philadelphia disposition: 60 days in Moyemensing Prison, to which Roth was remanded after serving his time in New York source: Winchell archive; FBI files (says prison was Holmsburg); affidavit by Mark Hughes, 1 May 1959, U.S. v. Samuel Roth, Cr148-9, U. S. District Ct, So. District of N.Y., #24030 (1959). FEBRUARY 1931 charge: "unlawfully distributing by mail an indecent circular . . ., advertising in an indecent manner certain obscene books or books purporting to be obscene, and stating where and how they could be obtained . . ." disposition: case dismissed source: " People v. Samuel Roth and People v. Julius Moss, Memorandum for People," (Magistrates' Court), File #90, MLE Papers, pp. 2-4. MARCH OR APRIL 1934 Charge: selling obscene book (Anecdota Americana) disposition: $100 fine or 20 days in jail (paid fine) source: Hughes affidavit; letter, Sumner to C. S. Bodwell, 30 June 1934, Paige Box 3, WW Papers; NYSSV ledgers for 1934 (states 13 books were involved) SEPTEMBER 1936 Charge: "Unlawfully, willfully, and knowingly depositing and causing to be deposited nonmailable matter and depositing certain obscene books, etc. in express [i.e., Railway Express] office for carriage from one state to another, and conspiracy to do so." disposition: three years and twenty days (Lewisburg penitentiary); then five years probation; $2000 fine (fine suspended) source: US v. Pauline Roth and Samuel Roth C99-114, US District Ct., So. District of NY, 1936; Hughes affidavit; FBI Files (document: 71-889-7) APRIL 1941 Charge: mailing obscene book (Davies, A Bed of Feathers and Tale) disposition: term of probation extended source: Hughes affidavit; Winchell Archive NOVEMBER 1947 charge: mailing salacious advertisements for obscene books (Self Defense for Women, Waggish Tales of the Czechs) and fraudulently advertising his novel Bumarap as salacious. disposition: loss of mailing privileges for various trade names under which Roth advertised the books (Arrowhead Books, Candide Books, Psychic Research Press) source: Transcript of Proceedings Before the Solicitor For the Post Office Dept., In the Matter of Arrowhead Books, Nov. 7, 1947, US Dept. of Justice, Central Files, No. 145-5-301, NA; Roth v. Goldman, US Court of Appeals, 2nd Circuit, So. District of New York, Transcript of Record; Roth v. Goldman 172 F.2d 788 (1949). OCTOBER 1950 charge: fraudulent mailings of salacious advertisements for books not in themselves deemed obscene (The Human Beast, Radiquet's The Devil in the Flesh and de Jong's The Desperate Children) disposition: loss of mailing privileges for various trade names under which Roth advertised the books source: Roth v. Goldman, Civ. 62-397, US District Court, So. District of New York (filed 19 June, 1951) MARCH 1951 charge: mailing obscene book (his Beautiful Sinners of New York) disposition: acquitted source: Hughes affidavit APRIL 1954 charge: possession of obscene books, magazines and pamphlets (50,000 books and list of 300,000 mail order customers seized). Also charged with assault on a police officer (see below). disposition: after Roth promised not to sue, case dismissed due to vagueness of search warrant and illegal methods of search and seizure. On this occasion, New York police, under direction of an assistant District Attorney, raided the office of The Seven Sirens Press on Lafayette Street and Roth's apartment on the upper West Side. All books, correspondence, and furniture was removed from the office. Roth attempted to leave the apartment to make a telephone call and an altercation with a police officer occurred. source: PW 8 May, 1954: 1994-95; PW 28 May 1955: 2359; Talese, Thy Neighbor's Wife, 103-04; FBI files, memo from SAC to the Director, 4 March 1955. JULY 1955 charge: mailing obscene advertisements and obscene books (26 count federal indictment) disposition: five years in Lewisburg Penitentiary source: Grand Jury Indictment, U.S. v. Samuel Roth, Cr 148-9, U.S. District Ct., So. District of N.Y. (1956); NYT, July 21, 1955: 48; PW 21 Jan. 1956: 241. copyright Jay A. Gertzman, 1999. Fair Use provisions acknowledged.