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Mr. Kilgore.—I understood the District Attorney to assume the responsibility of this prosecution?
Mr. Gibbons.—I do sir, as the Officer of the Commonwealth in my official capacity.
Mr. Kilgore.—[To the witness.] Do you think the information contained in this book should be confined only to colleges?
Objected to as being the same question given in another form.
Q.—Do you think the world is suffering in consequence of a lack of the very information which is found in this book?
Court.—That is a question for the jury to determine.
Q. — In your practice have you had occasion to treat females for diseases, which have been caused in consequence of the ignorance of their husbands on the subjects treated in this book?
Objected to.
Q.—Is that what you would call a book under seal?
Objected to.
Court.—A book under seal of secrecy.
Mr. Gibbons.—I do not care what the Doctor calls it, it makes no difference.
Mr. Kilgore.—That will do Doctor. They do not want the truth.
Robert Hall sworn.—
Mr. Kilgore.—You know Dr. Landis?
A.—Yes sir.
Q.—How long have you known him?
A.—About eight or ten years.
Q. — Is he your family physician ?
A.—Yes sir.
Q.—Has been?
A.—Yes sir.
Q.—Do you know others that know him.
A.—Yes sir.
A.—If you are intimately acquainted with him, what is his character for purity?
A.—Very good.
Q.—Do you know anything of this work called "The Secrets of Generation."
A.—I have never read it, I have heard of it.
No Cross Examination.
Lloyd Evans sworn.
Mr. Kilgore.—Do you know Dr. Landis?
A.—I do sir.
Q.— How long have you known him
A.—About five years.
Q.—You know others who know him?
A.—I do.
Q.—What is his character, and reputation among those who know him, for purity?
A.—Very excellent, sir, a very proper citizen I should presume.
Q.—Has he been your physician, sir?
A.—He has.
Cross Examined.
Mr. Gibbons.—Who have you heard speak of his character as a man of purity?
Mr. Kilgore.—One moment before you cross-examine. [To the witness.] Do you know anything of his sacrificing his money freely for this reformation?
Objected to and overruled as irrevalent.
Mr. Kilgore.—Now sir, the law is plain, that if this man has written an obscene book in the opinion of these twelve men, and they think he did it with a good motive, to benefit the community, (and we shall ask your Honor to so charge the jury) they cannot convict him. We offer to show that this man did not write this book for the purpose of making money; but on the other hand, that he gives all his income for the dissemination of these truths he conceives necessary for the benefit of society.
Court.—That is your own opinion. If he should set fire to your house do you think I should instruct the jury to acquit because he did it for the benefit of society?
Mr. Kilgore.—I think your Honor should so instruct them.
Court.—I have the decision of the Supreme Court on that point, sir.
Mr. Kilgore.—I propose to show the authority to so charge the jury.
Court.—Unless he pleads to insanity. If you put that plea in
Mr. Kilgore.—We do not put that plea in at all, your Honor.
Court.—There is no other way I can see.
Mr. Kilgore.—Do you know what Dr.
