Mr. Segal. All answers received from comics are automatically considered children. First of all, that book on hypnotism———
Mr. Hannoch. I did not ask you about it. I asked you how you knew whether it was a child.
Mr. Segal. Any coupon coming from a comic is automatically considered a child, and we do not mail to it.
Mr. Hannoch. It is put on a different list?
Mr. Segal. Yes.
The Chairman. Are there any farther questions? If not, Mr. Segal, the Chair thanks you very much, You have been very helpful.
Mr. Segal. Thank you, Mr. Chairman.
Mr. Beaser. Mr. Samuel Roth.
The Chairman. Do you swear that the evidence you are about to give before this subcommittee will be the truth. the whole truth, and nothing but the truth, so help you God?
Mr. Roth. Yes, sir.
The Chairman. You may be seated. Please situate your full name, address, and association for the record.
TESTIMONY OF SAMUEL ROTH, PUBLISHER, NEW YORK, N. Y.
Mr. Roth. My name is Samuel Roth, I live at 11 West 85th Street.
Mr. Beaser. What is the business you are engaged in?
Mr. Roth. The business is publishing books and magazines and selling them.
Mr. Beaser. Under what names do you publish?
Mr. Roth. Would you forgive me if I have an important question to ask the Chairman? It is very important.
The Chairman. I am at present accused in New York County of a violation of section 1141 of the penal law, relating to alleged obscene publications, and of section 580 of the penal law, relating to conspiracy to effect snch a violation, I deny ewilt and contest the validity of the process there.
In view of this fact I feel that to answer the questions now to be put by yonr committee may place me in a position where, contrary to my constitulional guaranties, I may be forced to acense niyself or provide evidence by which I may be accused. 2
In yiew of that ] mnst invoke my constitutional rights, protecting me against being made to accuse myself, and decline to auswer.
Tadd that 1 do so with profonnd respect for the committee, and that 1 will comply with any competent order to testify if it is found I am under law obliged te do so, and in doing so, am afforded immunity provided in section 3486 of title 18 of the United States Code, ;
The Chairman. Do you invoke the fifth amendment of the Constitution?
Mr. Roth. I don't like the sound of the fifth amendment.
The Chairman. You invoke your constitutional rights?
Mr. Roth. Yes.
The Chairman. I want to ask the witness a question. First, did you say that you were presently under indictment?
Mr. Roth. No. I haven't been charged. but I am a prisoner of New York County.
The Chairman. Senator Hennings.
