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Q.—How long have you known Dr. Landis?
A.—About two years.
Q.—Do you know others who know him?
A.—Yes sir.
Q.—What is his character for purity?
A.—Good.
Court.—How many witnesses have you called on character now?
Mr. Kilgore.—I do not know your Honor.
I. P. Benner, sworn.
Court.—Is this a witness as to character?
Mr. Kilgore.—He has been a music teacher in this church.
Mr. Gibbons.—I object to any further evidence on this question.
Court.—You said you had some physicians as reserve witnesses, I think you had better call them. The fact which you have offered to prove is established all it can be.
Mr. Kilgore.—Do I understand your Honor that I cannot examine this witness with regard to this book whether it has benefited him?
Court.—There must be an end to this thing and when all has been said on the subject which can be said, I think there is no use in evolving further facts.
Mr. Kilgore.—I now offer the affidavit of Dr. McClintock.
Mr. Gibbons.— We object to the contents of the affidavit being read.
Recess of fifteen minutes.
Miss Jennie Hall, sworn.
Mr. Kilgore.—Are you the bookkeeper of this defendant?
A.—I am.
Q.—How long have you been employed in that capacity?
A.—Five years next June.
Q.—Are you the daughter of Robert Hall and Mrs. Hall who have been examined?
A.—Yes sir.
Q.—Are you a member of that church?
A.—Yes sir, I am.
Q.—Do you know as to the money accounts of the defendant during the past year, how he has spent his money?
Mr. Gibbons.—We object to this.
Mr. Kilgore.—The gist of this offence, is malice, provided the jury come to the conclusion that this book is obscene. If it is not obscene, the Commonwealth's case falls; if it is obscene and the Commonwealth fail to prove malice, the Commonwealth's case falls. We bring this witness to show that during the past year, this defendant has expended over $5,000 in this cause for the advancement of these doctrines, in reference to right generation according to the laws of nature and that he did not publish this book for the purpose of making money. I think that bears directly upon the point of intent or motive, and I hope my brethren will not object to it.
Court.—I do not see the gist of it.
Mr. Kilgore.—Will your Honor note an exception.
Q.—You are a member of the 1st Progressive Christian Church?
A.—Yes sir.
Cross-Examination.
Mr. Gibbons.—Is that the church which is advertized in this paper you referred to?
A.—Yes sir, that is the church.
Re-direct Examination.
Mr. Kilgore.—You have been five years the book-keeper of this defendant?
A.—Yes sir.
Q.—Do you know what motive actuated the defendant in the publication and sale of this book?
Mr. Gibbons.—We object to this question as being the one previously overruled.
Mr. Kilgore.—Do you know other people who know him?
A.—I do.
Q.—Many?
A.—Yes sir.
Q.—What is his character for virtue, purity, morality, humility and all the Christian graces?
Mr. Gibbons.—We object to the question.
Mr. Kilgore.—What is his character for purity?
A.—The very best that a man could have.
Mr. Kilgore.—That is good enough.
Testimony for the defence here closed.
