24
OPENING ARGUMENT FOR THE COMMONWEALTH
BY
HON CHARLES GIBBONS,
District Attorney.
MAY IT PLEASE YOUR HONOR
Gentlemen of the Jury
As I stated to you at the commencement of this case, the bill of Indictment which you will have in charge presents the de fendant with publishing, selling and deliver ing to one Breneiser, a certain filthy and ob scene book called "The Secrets of Generation." That is the first count. I have shown you a book of that title.
The second count charges him with publishing a certain filthy, infamous and obscene book, entitled "The Secrets of Generation."
These are the two counts, in this indictment upon which you will be called up on to pass. In relation to the first count, I presume, upon the question of the sale of the book, you can have no doubt. Mr. Breneiser, has testified to you, clearly and distinctly that he purchased this book and some other books from the defendant. That fact being clearly established you are then to consider whether this is a lewd and obscene book. As to that question, gentlemen of the jury, I have only to say, that the book must speak for itself. I will point out to you some portions of it, which you can read when you retire to your room. I should be very sorry to read them to this public audience, and I do not believe, gentlemen of the jury, that there are a dozen men in this court room, who could stand up in the face of this audience and read without shame and confusion that portion of the book alluded to, to which I shall hereafter direct your attention.
As to the second count in this indictment, which charges that the defendant has exposed for sale this particular book—there is other evidence than the testimony of Mr. Breneiser. You might find the fact, gentle men of the Jury, from his testimony, he bought this book, and the defendant had it for sale. But we have his own declaration, the declaration of the defendant, the very strongest evidence upon that point which you can possibly have. This paper, gentlemen of the Jury, which was handed by the defendant to Mr. Breneiser, so far as it refers in any of its columns, to this particular book is a declaration of the defendant himself respecting it.
Mr. Kilgore.—Your Honor, I did not understand that that paper was in evidence except the advertisement of this book, I though the District Attorney intimates to
