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Q.—You knew that fact before you made this arrest?
A.—I did not make any arrest.
Q.—Why did you take him at that time?
A.—I did not arrest him.
Court.—Is it pertinent to the facts that you should ask him all these questions?
Mr. Kilgore.—I think it is your Honor. I do not mean to ask a question that does not bear directly upon the main points at issue, ami if I do not show that they have a very important bearing, I will never ask your Honor to take my word again.
Court. — It was near seven o'clock, at the time he was giving an address in Harmonial Hall.
Mr. Kilgore. — He was going to preach a sermon, but not in Harmonial Hall.
Q. — Had the people commenced to gather there?
A. — There were so me people assembled in the Hall.
Q. — Where did you take him?
A. — I had nothing to do with him.
Court. — Is the question about malicious arrest, or the publication of a book?
Mr. Kilgore. — This is a malicious arrest. I think the question pertinent.
Court. — I do not care what motive prompted the arrest for the publication of this book unless you can show that the arrest was made with a view to some unlawful design, it does not matter whether the arrested person was taken out of bed or in the midst of the preaching of a sermon or attending church or elsewhere.
Mr. Kilgore. — For the benefit of the Commonwealth's officer I will say that we shall take the broad ground that this book is not obscene, that it is a privileged publication, that it is a scientific work, that it is just such a work that every father ought to put into the hands of his adult children.
Court. — That is another thing, you can argue that when the book is before you.
Mr. Kilgore. — Now I propose to show how this defendant was treated by this man who is on the stand, and his associates, in order to black mail this defendant, that is my design.
Court. — Give us the fact and show that design. I suppose it is unfortunate for a man to be arrested under any circumstances, any where in his house, at home or at church, the mere fact of his arrest does not alter the case.
Mr. Kilgore. — Now we propose to show that Doctor Landis was taken to the Central Station, that he was locked up in a felons cell, that he was kept there until morning with no opportunity of communicating with his counsel or friends, that bail was refused him
Court. — I told you that is not pertinent at this time. You have a right if you have been abused, to recover by legal process for that abuse. There is a remedy for all these things. You can have a right for trial in the civil or criminal court, but that question does not arise here now, the question now is, was this book purchased and published by the Doctor, the defendant? 2d. If so is it an obscene book? That is the question now. All the matters for law are open for you to prove.
Mr. Kilgore—Does your Honor decide that I cannot show the mode of the arrest, what was done at the time and show this man's connection with it and why he should not be regarded as a credible witness?
Court.—You can show that by this witness in order to show the bias of his mind.
Q.—Why did you go after this book, What design had you in view by its purchase?
Court.—I do not see that has anything to do with it. It does not show any act or intent or any act done by him. The fact this witness purchased the book and that his mind was therefore in a certain biased condition would not affect his credibility or if he was biased by prejudice against the defendant by what others may have done or any oppression defendant suffered at the hands of the witness does not interfere in any manner as touching the main question or as touching the credibility of the witness.
Q.—When Doctor Landis was brought before a magistrate did you testify against him?
A.—I testified that I purchased this book.
Q—Did you say upon the trial that you had never read this book?
