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did obtain it for some purpose, no matter what purpose, coming to the knowledge of the prosecuting officers of the Common wealth, this bill of indictment, founded up on the facts in evidence, is found and presented by the Grand Jury. Now if any persons have unlawfully or maliciously entered upon a conspiracy to wrong this man he has remedy at law. It certainly does not affect the issue in this present case. Now, I beg your Honor to confine the cross-examination of this witness in this case to the points on which he was interrogated, in his examination in chief. If it be a defence that there was a conspiracy and your Hon or thinks there was a conspiracy, let them introduce it in the regular way and not in a cross-examination of the witness produced by the Commonwealth.
Mr. Kilgore.—Your Honor, I am very much opposed to these arguments because they consume valuable time. I have an important case in the Supreme Court and am very anxious to get through with this case but, Sir, I must insist upon all the rights of this defendant under the law of the land. There is another question involved, other than that to which the District Attorney alluded, and if we can show that this witness engaged in this prosecution for the purpose of persecution, or for the purpose of levying black mail upon the defendant, it will go directly to his character, with this Jury as to his credibility.
Court.—That I think, and therefore I said you may ask him any question which tended to that effect, but merely asking him these few questions unless you intend to follow it and prove it has been done for an unlawful purpose.
Mr. Kilgore.—Your Honor, I propose, not only to show, who sent him, who were in league with him, but that he went at an improper time, did his work in the basest manner possible. That he did it not as an officer of the law, for the public good, but for the sole purpose of putting down, crushing and making money out of a man, who belived that he was doing God's service. That is why I ask this question and why I propose to follow it up with others involving the credibility of this witness.
Court.—Now if you can show what that manner was, and show some connection between the matters proposed to be shown by him, you can go on asking what they were.
Mr. Kilgore.—Cheerfully, Your Honor.
Q.—When did you make affidavit in reference to the purchase of this book? On what day?
A.—Last Saturday a week.
Q.—Before what magistrate.
A.—Before the Clerk of the Police Magistrate Kerr, Central Station.
Q.—What time in the day did you get the warrant?
A.—I did not get any warrant.
Q.—Did you arrest this defendant?
A.—No sir.
Q.—Did you go with the men who did arrest him?
A.—I went with parties up to the Hall.
Q.—At the time that he was arrested?
A.—Yes sir.
Q.—Did you see him arrested?
A.—I seen him coming out of the Hall.
Q.—Did you point him out to the persons who had the warrant?
A.—No sir.
Q.—Who had the warrant?
A.—Messers Cobb & Fletcher, I under stood had it, I did not see it in their hands.
Q.—Where was you when they arrested him?
A.—When I went into the Hall they were coming out.
Q.—At what time?
A.—I suppose it was in the neighborhood of seven o'clock.
Mr. Kilgore.—I do not want any of your supposings. About what time was it according to your best knowledge and recollection?
A.—According to my best knowledge and recollection it was seven o'clock in the evening sir.
Q.—It was sunday night?
A.—Yes sir.
Q—Did you know sir that Dr. Landis was to preach in that Hall, Fifth and Callowhill Streets on that evening?
A.—I had understood that he was.
