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NANOMATERIALS
HANDBOOK
SECOND EDITION
and
Jilin University
Changchun, China
Edited by
Yury Gogotsi
CRC Press
Taylor & Francis Group
6000 Broken Sound Parkway NW, Suite 300
Boca Raton, FL 33487-2742
This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been
made to publish reliable data and information, but the author and publisher cannot assume responsibility for the
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vii
viii Contents
Chapter 21 Nanofiber Technology: Bridging the Gap between Nano and Macro World............603
Frank K. Ko and Lynn Yuqin Wan
Index............................................................................................................................................... 663
Preface
Nanomaterials have become the fastest growing domain of materials science and engineering. Their
impact can already be seen in everyday products with improved or novel properties. Examples range
over a wide field, from high-performance computer chips and UV-blocking sunscreens to nature’s
very own nanotechnology, including the adhesion of gecko feet to smooth surfaces or the incredible
strength of spider webs. Nanomaterials mimicking gecko foot sole have been developed, and spider
silk can be produced in industrial quantities nowadays. Both have already made their way into com-
mercial products. It has only been since the advent of high-resolution characterization techniques
and advanced computer modeling that we have started to understand the mysteries of the “nano
world” in such a way that we are able to capitalize on many unique phenomena and tailor material
properties for making a large variety of nanoscale devices. Fluorescence, extreme anisotropy of
electrical and mechanical properties, high electron mobility, tunable band-gap, and other unique
properties of nanomaterials enable new technologies, as well as lead to miniaturization of improve-
ment of existing technologies. Many of the unique properties observed at the nanometer scale are
defined by quantum confinement and may vanish in macroscale objects.
Carbon nanomaterials occupy a special place in the large nano family. Discovery of fullerenes
and nanotubes started the nanotechnology era. Graphene is the most studied material of our time.
Nanostructured carbons are already widely used in many commercial products. In mere numbers
of scientific publications, the research on carbon nanomaterials, such as graphene, nanotubes, nano-
diamonds, and fullerenes, exceed all other fields of nanotechnology. Carbon nanotechnology has
seen a continuous increase in attention (and research funding) over the past decades, significantly
energized by discoveries such as fullerenes, then carbon nanotubes, and, of course, the latest addi-
tion to the carbon family—graphene. As is common for materials science, it takes years after the
first excitement of a new discovery, for materials development to reach a mature state and for practi-
cal applications to emerge. However, it is noticeable how the speed of transferring the novel discov-
eries from the laboratory to scalable production and applications has increased significantly in this
century. For example, when looking at carbon nanotubes, the manufacturing costs have constantly
been decreased over the last 30 years and today, large amounts of nanotubes are available for vari-
ous applications. Tons of nanotubes are used in manufacturing of lithium-ion batteries that are used
in every cell phone, laptop, and a large variety of other devices. Currently, we see the same trend
for graphene, yet at an even faster pace. Due to its ability of sp, sp2, and sp3 hybridization, carbon
is truly the most versatile element in the periodic table with a large variety of allotropes and struc-
tures of various dimensionality, and it is exciting to see how new carbon materials with unique
properties are discovered and explored for various applications—ranging from energy or gas stor-
age, to catalysis, water desalination, medical implants, drug delivery, electronics, and many more.
However, the world of nanomaterials is not limited to carbons. A variety of other inorganic
and organic nanomaterials are being explored and already used in many applications. Of course,
it is impossible to cover them all in a single book. CRC Press recently published the 2nd edition of
Carbon Nanomaterials, edited by Professor Volker Presser and myself, which covered a variety of
carbon nanomaterials and their applications. Extensively expanding Carbon Nanomaterials, this
book adds additional chapters on nanocarbons, but also includes chapters on ceramics, fibers, and
nanomaterials safety. I could probably call it Nanomaterials Handbook: Carbons and Beyond.
Leading experts in their respective fields authored chapters in this book to provide a “first-hand”
experience to the reader. Twenty-two chapters in the current compilation cover a range of materi-
als, their properties, and applications, from energy conversion and electronics, to mechanics, field
emission, water treatment, and biomedicine. The broad variety of topics is tailored to help graduate
students and scientists starting to work in the field to become familiar with the current topics in
carbon and some other nanomaterials.
ix
x Preface
The chapters reprinted from the 2nd edition of Carbon Nanomaterials have only been slightly
edited, but several chapters represent completely new contributions. For example, a large new fam-
ily of two-dimensional materials (carbides and nitrides of transition metals known as MXenes)
was discovered in 2011, after publication of the 1st edition of Nanomaterials Handbook. Chapter 4
dedicated to MXenes is written by one of the pioneers of the field, Dr. Michael Naguib, and pro-
vides a very important addition to the book, as MXenes promise to become the largest family of
2D materials offering truly unique properties. Concerns about the safety of nanomaterials have
been holding imple-mentation of many new materials and technologies, and it is very important to
address those in advance to ensure that introduction of new materials will benefit the society, not
put people at risk. Therefore, Chapter 22 is dedicated to the safety of nanomaterials on molecular
and cellular scale.
Yury Gogotsi
Philadelphia, USA, and
Changchun, China
Acknowledgments
First, I am deeply grateful to my wife and children for their support, patience, and understanding
over the many busy years of my scientific career. I would also like to thank all contributing authors
for taking the time off their schedules to write excellent chapters. My current and former colleagues,
postdocs, and students did a fantastic job in conducting some of the research described in this book.
In particular, I would like to thank my excellent assistant and associate director of the A.J. Drexel
Nanomaterials Institute, Mrs. Danielle Kopicko, for helping at all stages—without her help this
book would never have been completed. Professor Volker Presser helped me at the initial stages of
preparation of this volume and invited some of the contributors. Also, I am thankful to the staff
of Taylor & Francis/CRC Press who helped immensely in preparing this volume for publication.
Finally, I would like to acknowledge funding for my research on nanomaterials that came from
a variety of sources, including the U.S. National Science Foundation (NSF), the Department of
Energy (DOE), international agencies, and many private corporations. In particular, I would like to
thank Dr. David Wesolowski from the Oak Ridge National Laboratory for his support through the
FIRST Energy Frontier Research Center and for providing an outstanding research environment.
xi
Editor
Yury Gogotsi is a distinguished university professor and trustee
chair at the Department of Materials Science and Engineering of
Drexel University, Philadelphia, Pennsylvania. He also serves as
the director of the A. J. Drexel Nanomaterials Institute. Since
2016, Yury Gogotsi also serves as 1000 Talents Plan distinguished
foreign professor at Jilin University, Changchun, China. He earned
his MS (1984) and PhD (1986) from Kiev Polytechnic and a DSc
from the Ukrainian Academy of Sciences in 1995. He did his post-
doctoral research in Germany supported by the Alexander von
Humboldt Foundation, in Norway supported by NATO (North
Atlantic Treaty Organization), and in Japan, supported by the
Japan Society for the Promotion of Science (JSPS). His research group works on nanostructured
carbons and other nanomaterials. He has coauthored more than 500 journal papers and is a Fellow
of AAAS (American Association for the Advancement of Science), MRS (Materials Research
Society), ECS, (The Electrochemical Society), RSC (Royal Society of Chemistry), and ACerS
(American Ceramic Society) and a member of the World Academy of Ceramics.
xiii
Contributors
Marina Baidakova Liming Dai
Centre of Nanoheterostructure Physics Department of Macromolecular Science and
Ioffe Institute Engineering
St. Petersburg, Russia Case Western Reserve University
Cleveland, Ohio
P. M. Biesheuvel
Centre of Excellence for Sustainable Sheng Dai
Water Technology Oak Ridge National Laboratory
Leeuwarden, the Netherlands Oak Ridge, Tennessee
and and
xv
xvi Contributors
Peng-Xiang Hou
Dong-Keun Lee
Shenyang National Laboratory for Materials
UCLA School of Dentistry
Science
Los Angeles, California
Institute of Metal Research
Chinese Academy of Sciences
Shenyang, China Christopher Y. Li
Department of Materials Science and
Desiree Hsiou Engineering
UCLA School of Dentistry Drexel University
Los Angeles, California Philadelphia, Pennsylvania
and Applications
Zongbin Zhao and Jieshan Qiu
CONTENTS
1.1 History and Development.......................................................................................................... 2
1.2 Synthesis of Graphene............................................................................................................... 3
1.2.1 Mechanical and Ultrasonication Exfoliation.................................................................3
1.2.1.1 Mechanical Exfoliation................................................................................... 3
1.2.1.2 Ultrasonication Exfoliation.............................................................................5
1.2.2 Epitaxial Graphene from Silicon Carbide..................................................................... 5
1.2.3 Chemical Vapor Deposition........................................................................................... 6
1.2.4 Chemically Derived Graphene.................................................................................... 10
1.2.4.1 Thermal Expansions..................................................................................... 11
1.2.4.2 Microwave Irradiation-Assisted Exfoliation................................................. 12
1.2.4.3 Plasma-Assisted Exfoliation......................................................................... 12
1.2.4.4 Photothermal Reduction............................................................................... 12
1.2.4.5 Chemical Reduction of GO........................................................................... 13
1.2.4.6 Green Reduction Agents............................................................................... 13
1.2.5 Graphene Nanoribbons................................................................................................ 14
1.2.5.1 Direct CVD Method..................................................................................... 15
1.2.5.2 Nanocutting................................................................................................... 15
1.2.5.3 Unzipping of CNTs....................................................................................... 15
1.2.5.4 Total Organic Synthesis................................................................................ 18
1.3 Structures and Physical Properties of Graphene..................................................................... 19
1.3.1 Structures..................................................................................................................... 19
1.3.1.1 Ripples and Wrinkles in Graphene...............................................................20
1.3.1.2 Structural Defects......................................................................................... 21
1.3.1.3 Edge States.................................................................................................... 22
1.3.2 Properties..................................................................................................................... 23
1.3.2.1 Electronic Properties.................................................................................... 23
1.3.2.2 Optical Properties.........................................................................................25
1.3.2.3 Mechanical Properties..................................................................................26
1.3.2.4 Thermal Properties....................................................................................... 27
1.4 Chemistry of Graphene...........................................................................................................28
1.4.1 Hydrogenation and Fluorination.................................................................................. 29
1.4.2 Covalent Functionalization.......................................................................................... 30
1.4.3 Noncovalent Functionalization.................................................................................... 31
1.4.3.1 Noncovalent Functionalization with Aromatic Molecules........................... 33
1.4.3.2 Noncovalent Interaction with Polymers........................................................ 33
1.4.3.3 Biomolecule-Based Noncovalent Functionalization..................................... 33
1
2 Nanomaterials Handbook
Preparing graphene consisting of a few layers is quite simple and is encountered on a daily
level while using a simple pencil. However, the isolation, identification, and characterization of
single-layer graphene are not a trivial task because depending on the synthesis method, the mono-
layers are only the minority phase which are accompanied by thick flakes.15 Geim’s group was
the first to isolate single-layer graphene from graphite and to identify its structure. In November
2005, the exciting electron transport measurement results reported by Geim et al. and the group
of P. Kim16,17 sparked off the exponentially growing graphene research worldwide. The interest
in graphene was also fueled by the extensive amount of studies on carbon nanomaterials, such
as fullerenes18 or CNTs,19 and this had laid a solid foundation for the rapid development of gra-
phene and graphene-based composite materials. Until now, many excellent reviews that focused
on graphene have been included20−26 and, at the same time, novel applications and properties are
being investigated. This chapter summarizes the recent progresses in the research of synthesis,
structures, and properties of graphene and graphene-related materials and their applications in
various fields.
1.2.1.1.1 Nanomanipulation
Nanomanipulation is possible by using atomic force microscope (AFM) and scanning tunneling
microscope (STM). Several groups have investigated nanomanipulation of graphitic sheets on
the surface of highly oriented pyrolytic graphite (HOPG), mostly by using AFM and/or STM
tips as the operating tools. 3D “Origami” graphene was proposed by Ebbesen and Hiura in 1995
as they used scanning probe microscopy to create folds in graphene layers on the surface of
HOPG.27 AFM and STM tips were used to manipulate, fold, and tear graphitic carbon layers
while trying to control the properties of graphitic sheets by tailoring their curvature or geometry.
Interestingly, these folds and tears occurred preferentially along the symmetry axes of graph-
ite.28 Ruoff’s group developed this technique greatly and made it more reliable and controllable
by the pattern pillar approach (Figure 1.1a and 1.1b).29 To determine the mechanical strength of
graphite in the basal plane, HOPG was patterned lithographically by oxygen plasma etching.
Periodic arrays of islands, or holes of several microns on an edge of thin graphene sheets, were
obtained on freshly cleaved HOPG surfaces.29,30 Most importantly, it was demonstrated that
such peeled graphite platelets can be transferred to another substrate, such as silica on silicon
(SiO2/Si) wafers. On the basis of these studies, it is possible to obtain very thin graphite layer
from the surface of HOPG. For example, AFM cantilevers were used to rub the lithographically
4 Nanomaterials Handbook
3 μm 3 μm 1 μm
FIGURE 1.1 Mechanical exfoliation of graphite to graphene. (a) SEM of individual HOPG island; (b) stacked
thin platelets of graphite; (c) AFM image of graphene from Scotch tape. (From Lu, X. et al., Nanotechnology,
10, 269, 1999; Novoselov, K. S. et al., Proc. Nat. Acad. Sci., 102, 10451, 2005. With permission.)
patterned pillar to make thin graphite layers and to study their electron transport properties.31,32
In earlier studies, graphitic layers with tens and hundreds of graphene layers were produced by
the mechanical method.
1 nm
(c) (d)
1.00
(f )
dI/dV (nA/V)
0.10
SiC
0.01
Graphite –1.0 –0.5 0.0 0.5 1.0
Sample bias (V)
FIGURE 1.2 (a–d) Low-energy electron diffraction (LEED) patterns from graphene on SiC(0001) obtained
at different temperatures. (a) 1050°C for 10 min, (b) 1100°C, 3 min, (c) 1250°C, 20 min, (d) 1400°C, 8 min,
(e) STM image of a surface region of the sample described in Figure 1d, (f) dI/dV spectra (log scale) acquired
from the regions marked with corresponding line types in the image at the top. (With permission from Berger,
C. et al., J. Phys. Chem. B, 108, 19912, Copyright 2004, American Chemical Society.)
close to equilibrium. This method substantially improves the quality of graphene on both polar faces
of the SiC crystals by increasing the growth temperature and decreasing the Si sublimation rate.
The growth of epitaxial graphene with different layers on single-crystal silicon carbide sub-
strates has also been accomplished. This was accomplished on a single crystal that was treated by
oxidation or H2 etching to improve surface quality. After removal of the oxide layer by electron
bombardment in UHV at 1000°C, the samples were heated to 1250–1450°C, resulting in the for-
mation of thin graphitic layers. This approach offers the advantage that high-quality layers can be
grown on large area substrates.44
(a) (c)
CVD graphene
10
~3L
2
1L
0
500 μm
1500 2500
(b) (d)
6 HOPG graphene
2L
SiO2 2
1L
0
500 μm
1500 2500
FIGURE 1.3 (a) Optical image of a prepatterned Ni film on SiO2/Si. (b) Optical image of the grown gra-
phene transferred from the Ni surface in panel (a) to another SiO2/Si substrate. (c) Raman spectra of 1, 2, and
≈3 graphene layers from a CVD graphene film on SiO2/Si. (d) Raman spectra of 1, 2, and 3 graphene layers
derived by microcleaving of HOPG for comparison. (With permission from Reina, A. et al., Nano Lett., 9, 30,
Copyright 2009, American Chemical Society.)
In this work, Fe3+ was used as the etchant to release graphene grown on the surface of substrates via
the following reactions:
The large amount of carbon absorbed on the reactive nickel foils readily leads to thick graphite
crystals rather than monoatomically thin graphene films. By varying the thickness of the metal and
the temperature-dependent solubility of carbon atoms dissolved in the metal, the thickness of the
graphite film can be controlled.49 However, graphene grown on Ni seems to be limited by its small
grain size, the presence of multilayers at the grain boundaries, and high solubility of carbon (≈0.1
at.% at 900°C). By taking advantage of low carbon solubility in copper (≈0.001 at.%, at 900°C),
Ruoff’s group developed a large-scale graphene CVD growth process on copper foils (Figure 1.4).50
The low solubility of carbon in copper appears to help make this growth process self-limiting, and
in agreement, the two- and three-layer flakes do not grow larger with time. Compared to graphene
growth on Ni, the films grow directly on the surface by a surface-catalyzed process rather than pre-
cipitation process. As a result, single-layer graphene, with only a small coverage of few layers, was
formed predominantly across copper surface steps and grain boundaries. The graphene film formed
on copper was released by iron etching of the copper substrate and transferred to another substrate:
1L 2L
(a) (b)
Flake
0.34 nm
Cu grain
Step boundary
Wrinkle
100 µm 5 µm
(c) (d)
Glass
1 cm
Graphene Graphene
SiO2
FIGURE 1.4 (a) SEM image of graphene on a copper foil with a growth time of 30 min. (b) High-resolution
SEM image showing a Cu grain boundary and steps, two- and three-layer graphene flakes, and graphene
wrinkles. (c and d) Graphene films transferred on to an SiO2/Si substrate and a glass plate, respectively. (From
Li, X. et al., Science, 324, 1312, 2009. With permission of AAAS.)
Graphene 9
Using this method, dual-gated field-effect transistors were fabricated on SiO2/Si substrates and
an electron mobility as high as 4050 cm2/V s with the residual carrier concentration at Dirac point
of n0 = 3.2 × 1011 cm−2 at room temperature was achieved.
On the basis of the work of the Ruoff group, graphene layers with a diagonal length of up to 30 in.
were produced and transferred to transparent flexible substrates with a time- and cost-effective
roll-to-roll process (Figure 1.5).51 In this process, graphene is first grown by CVD on a roll of cop-
per foil. A thin thermal release tape polymer film support is then attached to graphene by passing
between two rollers. Thereafter, graphene is released by chemical etching of the copper substrate
and transferred to the thin polymer film. Finally, graphene mounted on thermal release tape (poly-
mer film) and the target substrate is inserted between rolls, and, under heat treatment, the detaching
graphene film is attached to a target substrate. By repeating these steps on the same substrate, mul-
tilayered graphene films can be prepared to obtain enhanced electrical and optical properties. By
using the layer-by-layer stacking process, a doped four-layer film was fabricated which gave a sheet
resistance as low as ≈30 Ω/sq at ≈90% transparency. The low resistance and high optical transmit-
tance of the graphene films make them promising candidates to replace the commercial transparent
electrode indium tin oxide (ITO), which are currently used in flat panel displays and touch screens.
The limitations in a real sample size and material quality are the main bottlenecks in build-
ing graphene-based electronic devices currently, and strategies to overcome these limitations are
extensively being studied. For example, the fabrication of single-crystalline graphene monolayer as
large as a few millimeters with good continuity and perfect crystallinity was reported via thermal
(a) Graphene on
Polymer support Released
polymer support
polymer support
Target substrate
Graphene on Cu foil Cu etchant Graphene on target
(b) (c)
8 in.
After
heating
Before
heating
39 in.
FIGURE 1.5 (a) Schematic illustration of the roll-based production of graphene films grown on a copper
foil. The process includes adhesion of polymer supports, copper etching (rinsing), and dry transfer-printing
on a target substrate. Wet-chemical doping can be carried out using a set-up similar to that used for etching.
(b) Copper foil wrapping around a 7.5-in. quartz tube to be inserted into an 8-in. quartz reactor. The lower
image shows the stage in which the copper foil reacts with CH4 and H2 gases at high temperatures. (c) Roll-
to-roll transfer of graphene films from a thermal release tape to a PET film at 120°C. (With permission from
Macmillan Publishers Ltd., Nat. Nanotechnol., Bae, S. et al., 5, 574, Copyright 2010.)
10 Nanomaterials Handbook
annealing of a ruthenium single crystal (Ru (0001)) containing carbon. Analysis of Moire pat-
terns supported by first-principles calculations shows that the graphene layer is incommensurate
with the underlying Ru (0001) surface, forming an N × N superlattice with an average lattice strain
of +0.81%.53 Also, the growth of millimeter-sized hexagonal single-crystal graphene films was
reported on Pt by ambient pressure CVD at low temperature.54 It was demonstrated that the size of
hexagonal single crystalline graphene grain grown on the Pt substrate was strongly dependent on
the concentration of CH4 in CH4/H2: lower the CH4 concentration, larger the hexagonal graphene
grain size. After the CVD process, PMMA-coated graphene/Pt was used as a cathode with a Pt foil
as the anode in a water electrolysis process. Owing to the formation of H2 bubbles, graphene was
readily detached from the Pt surface. This nondestructive transfer enables the repeated use of the Pt
substrate, and graphene obtained from this method shows a high crystalline quality with a carrier
mobility greater than 7100 cm2/V s.
In addition to flat metal surfaces, graphene can also grow on the curved surface of metals. This
enables novel ways to design and nanoengineer more complex shapes of graphene materials. Cheng
et al. reported the direct synthesis of 3D graphene foams by template-directed CVD.55 Using com-
mercial Ni foam as the substrate and methane as carbon source, a 3D, flexible, electrically conduc-
tive, and highly interconnected graphene network was produced on the Ni foam. Graphene foam/
poly(dimethyl siloxane) composites show a very high electrical conductivity of 10 S/cm with gra-
phene foam loading as low as 0.5 wt%. This illustrated the great potential of such composites for
flexible, foldable, and stretchable conductors.
PECVD offers graphene synthesis at a lower temperature compared to thermal CVD.56 The
advantages of plasma deposition include very short deposition time (<5 min) and a low growth
temperature of only 650°C compared to approximately 1000°C for conventional thermal CVD. The
growth mechanism involved a balance between graphene deposition through surface diffusion of
carbon-containing species from the precursor gas and etching caused by atomic hydrogen.
It was demonstrated that large area, high-quality graphene with controllable thickness, can be
grown from different solid carbon sources, such as polymer films or small molecules deposited on
a metal catalyst substrate at temperatures as low as 800°C.57 The solid carbon source used was a
spin-coated PMMA thin film (100 nm), and the metal catalyst substrate was a Cu film. At a tem-
perature as low as 800°C or as high as 1000°C for 10 min, with a reductive gas flow (H2/Ar) and
under low-pressure conditions, a uniform monolayer of graphene was formed on the substrate. Much
less expensive carbon sources, such as biomaterials (food, insects, and waste), can be used without
purification to grow high-quality monolayer graphene directly on the backside of Cu foils under
a flowing H2/Ar atmosphere.58 Furthermore, Eduardo Ruiz-Hitzky et al. have prepared graphene-
like materials supported on porous solids using natural resources,59 such as sucrose disaccharide
(table sugar) and gelatin, and the synthesis was carried out in the absence of oxygen at relatively low
temperatures (<800°C). After carbon deposition, the inorganic host was eliminated using an acid
treatment, the remaining well-stacked carbon layers showed good electrical conductivity.
In summary, compared with other methods, CVD can produce graphene with high quality, in large
scale, and cost-effectively. By using different catalysts, carbon sources, and integration of novel tech-
niques to production, the number of layers, quality, and areas of graphene can be controlled. Graphene
from CVD process shows great potential in the applications of electronics and solar cells.
Language: English
A STATEMENT
With Exhibits, including the Court’s Opinion, and
the Brief for the Defendants on Motion to Direct
an Acquittal
EDITED BY
GUY HOLT
NEW YORK
ROBERT M. McBRIDE & COMPANY
1923
Copyright, 1922, by
Robert M. McBride & Co.
Printed in the
United States of America
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.
Guy Holt.
New York City,
November 14, 1922.
BRIEF FOR THE DEFENDANTS ON
MOTION TO DIRECT AN
ACQUITTAL
INDEX
PAGE
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.
against