5
Court.—Do you mean that it is an in dependent effort to levy black mail? Put any question that will tend to elicit that. If you mean a combination to persecute this man it is quite another question.
Mr. Kilgore.—I do not mean that.
Mr. Gibbons.—I would like to ask him if his proposition is to prove that the authorities of the Commonwealth in bringing this prosecution have been influenced by corrupt motives.
Mr. Kilgore.— Not at all.
Court.—Then if that is not the case I do not see what possible relevancy this question has. I understand this allegation to be that he is a party to levy black mail on Dr. Landis. Now you may put any question to elicit that.
Q.—Who sent you for that book, sir?
A.—I offered to go myself.
Q.—To whom?
A.—To parties with whom I was doing business.
Q.—Who are they?
A.—Parties connected with the detective service.
Q.—Name them, sir?
A.—I was doing business
Q.—Will you answer my question?
A.—I was doing business with Messrs Cobb & Fletcher, any work that was given me to do.
Court.—I think the true mode is first to ask him any questions touching any effort to levy black mail then to show who are the parties to that arrangement. It is evident that you are beginning at the other end. If you are not prepared to show such an effort made you had better abandon it.
Mr. Kilgore.—It is possible, I do not understand how to bring this matter out. I think if I can approach it in this way I shall be more likely to get at the truth than if I commence at the other end.
Court.—I suppose you have some knowledge of some facts. Now you can put some questions directly tending to elicit that fact. If not, you had better begin and confine your questions to sworn evidence.
Mr. Kilgore.—As far as sworn evidence is concerned, I have none, but I have been told things which 1 believe to be true upon which those points are based. Will Your Honor instruct this witness to give the names of those persons who sent him to buy that book?
Court.—I think you had better begin at the other end and show an effort to levy black mail.
Mr. Kilgore.—I wish to take the facts in order of time, to begin at the beginning. I simply asked who sent him and he has re used to answer.
Court.—If you offer to follow this up with proof by facts showing the parties who sent him attempted to levy black mail it is pertinent, on the contrary if you are not prepared with facts, then I do not think it is revelant.
Mr. Kilgore.—Your Honor, if we do not show that, I am willing the whole matter should be stricken out.
Court.—That consumes a large amount of time and goes into a matter of relevancy.
Q.—Will you give me the names of those who sent you?
Mr. Gibbons.—May it please your Honor as the counsel does not seem to feel disposed to act upon the suggestion of the court. I beg leave to present you the consideration of this single point. This prosecution has been commenced by the representative of the Commonwealth as a matter of public duty. He produces here a witness upon the stand who purchased this book which is offered in evidence, the obscene book mentioned in the indictment. The witness has been interrogated on the part of the prosecution upon a single point alone and the only question that can possibly come before the jury so far as this book is concerned, is, first, whether this book was purchased from Dr. Landis and secondly whether the book is an obscene book. If the jury find these two facts they must convict the defendant. Now can it make the slightest difference to this prosecution or to the defendant in this prosecution, whether this book was purchased from him by a personal friend or a personal enemy, can it make any possible difference whether the witness upon the stand, with other Police Officers combined if you choose to obtain this book from Dr. Landis for an unworthy purpose, or not, the fact that he did sell this book, and this man
