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tenced to pay a fine not exceeding five hundred dollars, and undergo an imprisonment not exceeding one year.
A libel, gentlemen of the jury, is defined to be any malicious publication expressed either in print or in writing, or by signs, or by pictures tending to injure society at large, to defame the memory of the dead, or destroy the reputation of the living.
The publication of obscene printed matter was an offense at common law, and an indictable offense, and always has been. When I speak of common law, gentlemen, of the jury, I speak of time immemorial; it has been an indictable offense from time immemorial in that country from which we derive the most of our laws.
It was not incorporated into our criminal code until a few years ago, under the revision of the code made by the direction of the Legislature, although it was then an indictable offense at common law, and always has been in the State of Pennsylvania. It is an indictable offence under this statute which I have just read to you.
This bill of Indictment gentlemen, of the jury, charges that the offence consists in the sale, publication, or in the sale of a book entitled "The Secrets of Generation," and the indictment sets forth that it is so lewd and filthy, and obscene that it is unfit to be spread upon the records of this court.
I shall proceed to lay before you, gentle men of the jury, the evidence which will consist of the book itself. And I shall ask you to take that book to your room, to look at it for yourself, for you may very well imagine, if it is too obscene and lewd and filthy to be spread upon the records of the court it is too filthy and obscene to be read in the presence of a public audience.
Jury.
T. M. Lewis, Gentleman, 2145 Camac St.
Michael R. Tallman, Clerk, 309 Queen St.
Nicholas Rittenhouse, Gent. Ridge Road.
Charles Newkirk, Varnisher, 226 N. 4th St.
Joseph Fox, Manufacturer, 210 Green St.
Jacob Dixey, Pumpmaker, 1178 N. 13th St.
David Levzly, Merchant,Green St.
David Bell, Cabinet Maker, 119 N. 17th St.
Wm. Farrel, Cabinet Maker, 225 Poplar St.
William H. Rice, Grocer, 1312 Ellsworth St.
James Warnick, Painter, 1735 Carpenter St.
John Krugg, Storekeeper, 1220 Germantown Avenue.
Witness for the Commonwealth.
Samuel F. Berneiser, Sworn.
Questions by Mr. Gibbons.
Q.—What is your occupation?
A.—Special Police Officer, attached to the detective service.
Q.—Do you know Simon M. Landis?
A.—Yes Sir.
Q.—Personally?
A.—I have known him for the neighborhood of twenty five years.
Q.—That is the man is it?
A.—Yes Sir.
Q.—Will you look at that book and state whether you ever saw it before?
A.—I have Sir.
Q.—Where did you see it, Sir?
A.—I purchased this book, I saw it first in the hands of Dr. Landis and I purchased it from him.
Q.—Where was he when you saw him?
A.—In a building at the North West corner of Thirteenth Street and Girard Ave.
Q.—What kind of a building is it? Is it a store?
A.—No Sir, there was a printing office in part of the room and a lecture room in the middle, and in the back part, it seemed as if there was a private apartment, I was not in that.
Q.—You purchased that book of Defendant?
A.—Yes Sir.
Q.—Did you get anything else from him at the same time?
A.—Yes Sir, I purchased his "Sharp-shooter," and "Sense and Nonsense," and he threw in the purchase his "Key to Heaven."
Paper offered in evidence, entitled "The Sharp-Shooter"
Mr. Kilgore.—He was not indicted for issuing a "Sharp-Shooter" or "Key to Heaven," and we object to this as not refering to the subject-matter for which he was indicted.
Mr. Gibbons.—I offer to show that this is
