Lenny Bruce Trial: 1964
Adjourned For Vacation
Yet another adjournment—this time so that Judge John Murtagh could take his summer vacation—gave the prosecutor ample time to line up his own witnesses. When the trial reopened, John Fischer, editor of Harper's magazine, and the Reverend Daniel Potter, executive director of the Protestant Council, both opined that Bruce's work was obscene. Testimony concluded July 28, after which Judge Murtagh instructed counsel that the bench would consider written briefs instead of the customary oral closing arguments.
On November 4, the court reconvened to deliver its verdict. Bruce, who had remained silent throughout, chose this moment to dismiss his lawyers and belligerently insist that he be allowed to conduct his own defense. Judge Murtagh denied the request and read the verdict. "The court, Judge Creel dissenting, finds the defendants Lenny Bruce and Howard Solomon guilty. The court by unanimous vote finds the defendant Ella Solomon not guilty." Sentencing was deferred until December 21, 1964, at which time Bruce received four months Solomon was fined.
The verdict seemed to unhinge Bruce. He became obsessed with appellate litigation. Those legal wheels were still grinding when, on August 3, 1966, he was found dead in his Hollywood home, a hypodermic syringe nearby. An autopsy revealed the presence of morphine. Death was recorded as accidental.
Lenny Bruce's trial attracted immense publicity, a torrent of self-righteous indignation from protagonists on either side of the debate, and still no firm understanding of what constitutes obscenity. At its conclusion, Bruce's life and career were in shambles—vivid proof that free speech is never free, and often costly beyond measure.
—Colin Evans
Suggestions for Further Reading
Bruce, Honey and Dana Benenson. Honey. Chicago: Playboy, 1976.
Goldman, Albert. Ladies And Gentlemen—Lenny Bruce!! New York: Random House, 1974.
Moretti, Daniel S. Obscenity And Pornography. New York: Oceana, 1984.
Morgenstern, Joe. "Lenny Lives!" Playboy, (August 1991): 82ff.
Thomas, William Karl. Lenny Bruce, Hamden Conn: Archon, 1989.
Additional topics
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972Lenny Bruce Trial: 1964 - Adjournment For Illness, Adjourned For Vacation