4
to generate healthy and talented babies," and soon, up to page 28, "How to prevent Conception," and page 28, from page 23 to the balance of the book.
Q.—Now Sir why did you commence at page 23?
Mr. Gibbons.—I object.
Q.—Did you read that book by yourself alone?
Mr. Gibbons.—The only question is as to whether he purchased the book, the design is not to examine him as to the contents of the book. All I have called him for is to prove the purchase of the book, the cross examination should be confined to that point.
Mr. Kilgore.—I differ, with the District Attorney, with regard to that last statement, I think we have a right to show by this cross examination who this man is; what credibility should attach to his testimony. I asked him the question if he read the book alone and they object to it.
I insist it is a proper question and is pertinent.
Court.—In what way is it pertinent as to the purchase of the book?
Mr. Kilgore.—It is pertinent in this way it will show the animus, the intent of this man in the purchase of this book.
Court.—I do not see how it will show that. Suppose he purchased this book with the design of bringing this action, you may ask him those questions direct.
Mr. Kilgore.—Well your Honor, if we show by this examination that this man is a mere tool in other parties' hands; that he commenced this business for the purpose of black mail; have we the right to ask this question?
Court.—You can ask any question that will affect the credibility of the witness. To ask him how or where he read the book does not affect his credibility, or the fact that he purchased the book, or read it, I do not see the pertinency.
Mr. Kilgore.—Usually your Honor, when people read books they begin at the begining, but this man says he commenced at the 23d page.
Court.—What do you wish to show?
Mr. Kilgore.—It is pertinent to show the object this man had in view in getting this book.
Court.—Very well, as touching that you can show that.
Mr. Kilgore. If this was man actuated by an unworthy motive, if it was not for the public good, it bears directly upon his character, as a witness.
Court.—Put it in plain language, as to what you intend to show by this witness. If you show a mean motive, now tell what the motive is.
Mr. Kilgore.—Black mail, and not to benefit the public.
Court.—Very well, it is admitted.
Q.—Now Sir, did you read that book, in company or by yourself?
A.—I read it by myself, there was no one near me.
Court.—I ruled that question out in so far as it stood, if it is for you to show any corrupt motive, or levying black mail.
Q.—Who sent you to purchase this book? Objected to by Mr. Gibbons.
Court.—I think this whole business can be disposed of at once. The District Attorney had his attention drawn to it, as a publication. He thought it was a case which called the attention of the authority, and Mr. Breneiser was, by authority of the Court, brought here simply to testify as to his agency. Now what may have been his motive has nothing to do with the question, in as much as this prosecution is before the Court and Jury on authority of the District Attorney.
Mr. Kilgore.—I asked of the witness, Your Honor, who sent him to Dr. Landis, to purchase that book.
Court—In what way is that material I do not see the materiality of it.
Mr. Kilgore.—Your Honor this is a persecution. It is a conspiracy against this defendant, and I propose to show by the commonwealth's main witness, that he is a party in it, and a party to it.
Court.—What do you mean by a conspiracy?
Mr. Kilgore.—I mean by conspiracy that it is an effort to get money out of this defendant.
