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with science and with natural laws and in
order to prevent those diseases with which
this defendant has come in contact, and in
order to show how those diseases might be
prevented, by understanding the proper conditions of mind and body in order to properly generate a pure and healthy child. If
your Honor rules this out, I wish to except
to this ruling.
Court.—Very well, I rule it out.
Mr. Kilgore.—I now ask. What are the uses of the genital organs?
Objected to, and ruled out.
Mr. Kilgore.—I will ask another question
Mr. Gibbons.—I object to all these questions. This book which is given in evidence is a strictly private book to married persons on the secrets of generation.
Mr. Kilgore.—This man is charged with being a criminal, and he is brought here to be tried because he has written this book which goes into the philosophy of the highest use of the genital organs which is "Procreation." He has given us instruction which will prevent disease and produce healthy, moral, and holy offspring. For that he is brought into this Court as a criminal. I asked these questions to show that this book is based upon a right view of this subject; that it is correct in science and in its deductions; that the information, if practised as he has laid down in his book which they have branded as obscene, would result beneficially to all those who would obey its teachings.
I propose to show by these witnesses that in the moment of generation of a human being the condition of the mother gives character, for all time, to that immortal being, and that it is of the utmost importance that Nature's law be not violated; that a knowledge of Nature's law on this subject does not convey impurity to the mind, but obedience thereto the highest purity, and the highest and holiest expression of love on earth for all men and women. To the pure all things are pure. A right use of all things made by the hands of the Divine Being promote purity, while impurity and obscenity consist in the abuse. I propose to show that there are several diseases of which this
Court.—If you will direct your argument to the point of relevancy I shall be very happy to hear from you. The question is whether this is an obscene book.
Mr. Kilgore.—That is exactly what we propose to offer in proof. I propose to do it in a scientific and strictly proper manner We propose to show also that the law sustains us in the position which we have taken. The law says: If the use to be attained is justifiable, or if the object is to give information to the community, to those who have a right and ought to know, in order that they may obtain such information, the occasions lawful, and the party may then justify or excuse the publication, and it says this, your Honor, when the book is really objection able on account of the language used. If your Honor notice in these questions I have commenced at the beginning, and have followed it up in reference to the very cases which these physicians are called upon to treat, and especially which this defendant was called upon to treat, and being moved by the sufferings of his patients, he was constrained to write this information for the community in order to prevent these diseases. This is why we propose to bring in this testimony. I deem this testimony of vital importance to the defendant, to the District Attorney, to this Court, these jurors, and to every person within the sound of my voice, and all whom these words may reach, to the ad ministration of public justice, and the good of those who will come after us. I know that it will take less time than to come at this information in any other way.
Court.—I think they are not admissible.
Mr. Kilgore.—I take an exception to your Honor's ruling.
Q.—Have you read this book entitled "The Secrets of Generation," Doctor?
A.—No Sir.
Q.—Have you read any parts of it?
A.—I read parts of the 25th and 26th pages.
Q.—Those pages which are marked?
A.—The parts I read are marked, Sir.
Q.—Well now, Doctor, do you consider that obscene?
Mr. Gibbons.—I object to that. That is
