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a question for the jury. I do not suppose there are any experts in obscenity.
Mr. Kilgore.—If Your Honor please, I offer to prove by this physician who has practised a life-time in this profession, who has to do with both sexes and who ought to know in reference to the question whether this medical work is obscene or not obscene. I offer to prove by this witness that this book is not an obscene book, and as a medical expert I offer his testimony. I do not know who would be regarded as an expert in the mind of the District Attorney, I think we have the right to call medical gentle men who have to do with these diseases and with works which are published for the sake of giving information upon these subjects. I wish to show by this gentleman and by all who follow him that this book is a medical but not an obscene book.
Court.—I think the fact of its obscenity will manifest itself to any one and it is not necessary to call an expert to prove that and I overrule the offer to show such a fact.
Mr. Kilgore.—Will Your Honor note an exception to that ruling.
Court.—Yes sir.
Q.—Do you regard this book as a scientific book?
Objected to on account of the fact that a scientific book may be a very obscene book.
Q.—Is that a scientific and medical book?
Objected to.
Q.—Is that a medical book?
Objected to.
Court.—You have no right to ask whether it is a medical book or otherwise.
Mr. Kilgore.—I offer Dr. Longshore to prove that this book is a medical book written upon strictly scientific principles as far as medical science goes and we wish to show that it is beneficial to society and its teaching true.
Court.—It may be true, and it may be a very obscene book.
Mr. Kilgore.—Undoubtedly, I wish to show that the law privileges this book, because it is strictly a scientific and a medical work. Then I submit that this question is pertinent. We have a right to show that it is such from the position we take under the law of the land.
Mr. Gibbons.—I object to your showing it.
Court.—It is overruled.
Mr. Kilgore.—will Your Honor note an exception?
Q.—In Medical works, treating upon these subjects, is it customary to put plates in them showing the genial organs of both Sexes?
Objected to as irrevalent and ruled out.
Q.—Have you known Dr. Landis as a practitioner of medicine?
A.—I have known him by reputation as a practitioner of medicine, I am not intimately acquainted with the gentlemen. I have seen him many times.
Q.—Do you think the information contained in this book is needed by the public?
Objected to, ruled out and an exception taken.
Q.—In your practice, Doctor, are there many diseases which you have to treat occasioned by the ignorance of men and women in the marriage relation?
Objected to.
Mr. Gibbons.—No doubt the case is so, I object to it as it has nothing whatever to do with the question.
Mr. Kilgore.—Well now, Your Honor if we can do nothing in this case but to show the character of this Defendant, we might as well join the District Attorney and ask the Jury to convict this defendant at once.
Court.—He need not be convicted if the book does not convict him.
Mr. Kilgore.—We wish to show that the book does not convict him and offer to show that is no more objectionable than other medical works at large in the community, that are not considered obscene, and that are sold everywhere, even at auctions, that is what we propose to prove. The question is shall we have the privilege.
Court.—Suppose there are fifty books, that does not affect the question or justify the publication of this book, if it is an improper book.
Mr. Kilgore.—I grant Your Honor, but I wish to show this by medical men, and to bring in the decisions of the courts in reference to medical works which are priv-
