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A. fttll account
OF THE
T   K   I   A   L
OF
Simon  M. Landis, M. D.
FOR
UTTERING AND PUBLISHING A BOOK ENTITLED
"SECRETS OF GENERATION."
    phonographically reported


%j> C. ft. Morgan, M. D.
                 PUBLISHED BY

   THE FIRST PROGRESSIVE CHRISTIAN CHURCH
                 PHILADELPHIA.


Entered according to Act of Congress, A. D. 1870, by D. Y. Kilgore, in the Clerk's Office of the U. S.
         Oistrict Court, for the Eastern District of Pennsylvania. 
 V07-
 ico
.L2S1-T
 IB70 
         TRIAL
Before  HON.  WILLIAM  S.   PIERCE.
CHARLES  GIBBONS,  Esq.,

JOHN  G.  MICHENER, Esq.,
DAMON Y. KILGORE, Esq.,
District  Attorney.


Counsel for Defendant.
Wednesday, January  12th, 1870.
I  (fCL   ^
   The Grand Inquest, of the Commonwealth
 of Pennsylvania, inquiring for the  city and
 county of Philadelphia upon their respective
 oaths  and affirmations,  do   present,  that
            Simon M. Landis,
 late of the said county, yeoman on the twenty
 ninth day of December in the year of our
 Lord,  one thousand  eight  hundred  and
 sixty nine  at  the county  aforesaid,  and
 within the jurisdiction of this court, being a
 scandalous and evil  disposed person, and
 contriving, devising and intending  the mor-
 als as well of the  youth  as of other  good
 citizens of this commonwealth to  debauch
 and corrupt and to raise and create in their
 minds inordinate and lustful  desires,  with
 force and arms at  Philadelphia  aforesaid
 in  the  county aforesaid,  unlawfully did
 utter, publish, sell and deliver to  one S. F.
 Berneiser—a certain  lewd wicked, scanda-
 lous, infamous, filthy and obscene printed
 book entitled, "Secrets of Generation," which
 said printed book is so lewd, filthy, wicked
 and obscene  that  the  same  would  be
 offensive to the court here and improper to
 be placed upon the records thereof; where-
 fore the said Grand Inquest  does  not  set
 forth the same in  this indictment; to the
 manifest corruption and subversion of the
 youth and other good citizens  of this  Com
 monwealth, in their manners and conversa-
 tion, in contempt of the laws  of this  Com-
 monwealth, to the evil example of all others
 and contrary to the form,of the  act of the
 general assembly in such  case  made and
 provided, and against the peace and dignity
of the Commonwealth of Pennsylvania.
  So the Grand Inquest aforesaid upon the
oaths and affirmations aforesaid do further
present that the  said  Simon M.  Landis,
 of the said county, yeoman, as the day and
 year aforesaid, unlawfully and wantonly and
 maliciously  did expose to and  have for
 sale a certain lewd, filthy, wicked, scandalous
 and imfamous obscene printed book entitled
 the "Secrets  of Generation," which said
 printed book is so lewd, filthy, wicked dnd
 obscene, that the same would  be  offensive
 to the court here and improper to be placed
 upon the records  thereof,  wherefore  the
 said Grand Inquest does not set  forth  the
 same in this  indictment,  to  the manifest
 corruption and subversion of the youth, and
 other good citizens  of this Commonwealth
 in their  manners and conversation, in con-
 tempt of the laws of this Commonwealth to
 the evil example of all others, and contrary
 to the form of the act of the General As-
 sembly  in such case made and  provided
 and against the peace and  dignity  of  the
 Commonwealth of Pennsylvania.
          Charles Gibbons, Dist. Att'y.

   Mr.  Gibbons.— Gentlemen of the  Jury:
 —The Bill of Indictment which I am about
 to give you charges Simon M. Landis, with
 the uttering and publication  of  an  obscene
 printed  book,  and also   with exposing an
 obscene printed book for sale.  This, gentle-
 men of the jury, is made an  offence  under
 our criminal code as follows:—
   If any person shall publish  or  sell any
filthy and obscene libel, or shall expose  for
 sale, or exhibit for  sale  any  indecent   lewd
 and obscene print, painting or statuse,  or  if
 any person shall keep,  maintain,  any  house,
 room, or gallery for the purpose  of  exposing,
 exhibiting any lewd, indecent  obscene prints,
 pictures, paintings or  statues and  shall be
 convicted thereof sueh person  shall  bt sen- 
2
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 mat-
ter  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 Pennsylva-
nia.  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.

                 Jivry.
   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  German-
town  Avenue.

Witness for  the  Commonwealth.
Samuel F. Berneiser, Sworn.
        Questions by Mr. Gibbons.
  Q.—What is your occupation ?
  A.—Special Police  Officer, attachod to
the detective service.
  Q-—Do you know Simon M. Landis1?
  A.—Yes Sir.
  Q.—Personally'?
  A.—I have known him for the neighbor-
hood 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 1
  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 1
  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 Defend-
ant?
  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 refer-
 ing to the subject-matter for which he was
 indicted.
   Mr.  Gicbons.—I offer to show that this  is 
3
 the "Sharp-Shooter" bought of Mr. Landis
 at the same time that  the book was pur-
 chased, and that  it is advertised  for sale
 in this paper and thus to sustain our count
 that these  books are  for sale;  and our
 count also  that it was  exposed for sale by
 Dr. Landis.
   Mr. Kilgore.—We object to his bringing in
 a newspaper here, which is not  mentioned
 in the indictment, as evidence  of anything.
 If he bought a book he can give evidence
 of that fact. The fact that he bought some
 other paper or some other book not named
 in the  indictment we think  should have
 nothing to  do  with this  charge.
   Mr. Gibbons.—This  paper  was handed
 to the witness by Dr. Landis  himself, and
 contains an advertisement of this identical
 book.
   Objected  to; overruled so far as it relates
 to the  advertisement  of  the book  in
 question.
    Witness.—I   received that  paper from
 the hands of Dr. Landis.
   Mr.  Gibbons.—I  offer  the  book  in
 evidence called "The  Secrets  of  Gen-
 eration," also
   The paper containing the advertisement
 of the book.
   Mr. Kilgore.—I  object to  your  offering
 that paper in evidence.  According to your
 ruling, Your Honor, they have the right  to
 put in evidence that part of the  paper  in
 which  that book is  advertised,  but  I
 question if they have the right  to  put  in
 any other part.
   Court.—All that I have  ruled, is that  it
 is evidence  in that.
   Mr. Kilgore.—The District Attorney may
 cut it out.
   Mr. Gibbons.—We will give them the pa-
 per and they can read it.
   Mr. Kilgore.—We have no objection to it
 if your Honor will instruct them  to read
 simply the advertisement of that book,  and
 have it marked for that  purpose.
   Court.—Let me see  that. Hand that  to
 the Jury and let them examine it for them-
 selves.
   Mr. Kilgore.—We object to  its being
offered now  as we have not cross-examined
the witness.
   Cross-Examination, by Mr. Kilgore.
   Q.—What is your name?
   A.—Samuel F. Breneiser.
   Q.—What is your business sir ?
   A.—I am  at present a special police
 officer.
   Q.—By whom appointed ?
   A.—By Daniel M. Fox.
   Q.—Where do you do business?
   A.—I report at the central police  station.
   Q.—What is your especial business  as  a
 police officer ?
   A.—I am detailed to have charge of the
 detective department at night.
   Q.—You say you purchased this  book of
 Dr. Landis.   When ?
   A.—On the 29th tilt.
   Q.—What did you say to him when  you
 called to purchase  it ?
   A.—I asked him first  for  the  "Sharp-
 Shooter," I then asked him for  a  copy of
 his "Sense and Nonsense," I told  him there
 was another book that I wished.   He  told
 me he supposed it  was the "Secrets of Gen-
 eration," I told him yes.
   Q.—You bought them ?
   A.—I did.
   Q.—You paid for them ?
   A—I did.
   Q.—What did you pay for  this book  en-
 titled "The Secrets of Generation  ?"
   A.—I did not buy it singly, I paid for the
 whole lot.
   Q.—What is the  price of it ?
   A.—He informed me  the  price  of  that
 book was one dollar.
   Q.—Did he tell you he did not  sell it to
 minors ?
   A.—No Sir.
   Q.—Well Sir, after you went to  him  to
 purchase that book, what did you  next  do ?
   A.—I went away.
   Q.—Did you read these books ?
   A.—Part of them.
   Q.—Did you read this book mentioned in
 the indictment?
   A.—I read part of it, sir.
   Q.—What part of it did you read, sir?
   A.—If you will give me the book  I  will
show it  to  you. [the book entitled "The
Secrets of  Generation"  was shown to
the witness] I  read page 23 called,  "How 
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  state-
 ment,  I think we have a right to  show   by
 this  cross examination who this   man  is ;
 what credibility should attach to  his  testi-
 mony. 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  pur-
 pose 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 begin"
ing, but this man says  he  commenced  at
the 23d  page.
  Court.—-What do you wish to show ?
  Mr.  Kilgobe.—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  wa3  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  Attor-
 ney 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  mnch   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 per-
 secution.  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 con-
spiracy ?
  Mr. Kilgore.—I mean by conspiracy that
it is an effort  to  get  money  out  of this
defendant. 
5
  Court.—Do you mean  that it is  an  in-
dependent effort to levy black  mail?  Put
any question that will tend  to  elicit  that.
If you mean  a  combination  to persecute
this man it is quite another question.
  Mr. Kilgore.—I do not mean that.
  Mr. Gibbons.—I would like to ask him
if his  proposition  is  to prove  that  the
authorities of the Commonwealth in bringing
this prosecution have been  influenced  by
corrupt motives.
  Mr. Kilgore—Not at all.
  Court.—Then if that is not the case I do
not see what possible relevancy this question
has. I understand this allegation to be that he
is a party to levy black mail on Dr. Landis.
Now you may put any question to elicit that.
  Q.—Who sent you for that book, sir ?
  A.—I offered to  go myself.
  Q.—To whom ?
  A.—To parties with whom I  was  doing
business.
  Q.—Who are they?    4
  A.—Parties connected with the detective
service.
  Q.—Name them, sir ?
  A.—I  was doing business----
  Q.—Will you answer my question?
  A.—I  was doing  business  with Messrs
Cobb & Fletcher, any work that  was  given
me  to  do.
  Court.—I  think the  true  mode is first
to ask him any questions touching any effort
to levy black mail then to show who are the
parties to that arrangement.   It is  evident
that you are beginning at  the other end.  If
you are not  prepared to show such an effort
made you had better abandon it.
  Mr. Kilgore.—It is possible, I do not un-
derstand how to bring this  matter out.  I
think if I can approach it in this way  I
shall be more likely to get at the truth than
if I commence  at the other end.
  Court.—I suppose you have some knowl-
edge of some facts.   Now you can put some
questions directly tending  to elicit that fact.
If not, you had better begin and confine your
questions to sworn evidence.
  Mr.  Kilgore.—As  far  as   sworn  evi-
dence is concerned, I have none, but I have
been told things which 1 believe  to be true
upon which those points are  based.
   Will Your Honor instruct this witness to
give the  names of those persons who  sent
him to buy that book ?
   Court.—I think you had better  begin at
the other end and show an  effort to levy
black mail.
   Mr. Kilgore.—I wish to take the facts in
order of time, to begin at the beginning.  I
simply asked who sent him and he has re-
used to answer.
   Court.—If you offer  to follow this up
with  proof  by  facts  showing  the  parties
who  sent  him  attempted to levy  black
mail it is pertinent, on the  contrary  if  you
are not prepared with facts, then I do  not
think it is revelant.
   Mr. Kilgore.—Your Honor, if we do not
show that, I am willing  the  whole  matter
should be stricken out.
   Court.—That consumes  a large amount of
time and goes into a matter of relevancy.
   Q.—Will  you  give  me the  names   of
those who sent you ?
   Mr. Gibbons.—May it please your Honor
as the counsel does not seem  to feel dispos-
ed to act  upon the suggestion of the court I
beg leave to present you the consideration
of this single point.  This prosecution  has
been commenced by  the  representative of
the Commonwealth  as  a matter of public
duty.   He produces here a  witness upon the
stand who  purchased  this book which is
offered in evidence, the obscene book men-
tioned  in the indictment.  The witness  has
been interrogated on the part of the  prose-
cution upon a single point alone and the on-
ly question that  can  possibly come before
the jury so far as this book is concerned, is,
first, whether this book was purchased from
Dr. Landis and  secondly whether the book
is an obscene book.   If the jury find these
two facts they must convict  the defendant.
Now can it make the slightest difference to
this prosecution  or to the  defendant in this
prosecution, whether this book was pur-
chased from him  by a personal  friend or a
personal  enemy, can  it make any possible
difference whether  the witness upon  the
stand, with other  Police Officers combined
if you  choose to  obtain this  book  from  Dr.
Landis for an unworthy purpose, or not, the
fact that he did sell this book, and this man 
6
0
did obtain it  for some purpose,  no matter
what purpose, coming to the  knowledge of
the  prosecuting officers of  the Common-
wealth, this bill of indictment, founded up-
on the facts in evidence, is found and pre-
sented  by  the Grand  Jury.   Now if any
persons have unlawfully or maliciously en-
tered upon a conspiracy to  wrong this man
he has remedy at law. It certainly does not
affect the issue in this present case.  Now,
I beg your Honor to confine the cross-exam-
ination  of this  witness in  this case to the
points on which he was interrogated, in his
examination  in  chief.  If  it be  a  defence
that there was a conspiracy and  your Hon-
or thinks there was  a conspiracy, let them
introduce it in the regular  way and not in
a cross-examination  of the  witness produc-
ed by the  Commonwealth.
  Mr. Kilgore.—Your Honor, I am  very
much opposed to these arguments  because
they consume valuable time.  I have an im-
portant  case  in the  Supreme Court and
am very anxious to get through  with this
case but, Sir, I  must  insist  upon all  the
rights of this defendant under   the  law  of
the land.  There is  another   question in-
volved,  other than that to which the District
Attorney alluded, and if we can  show that
this witness engaged in this  prosecution for
the purpose of persecution, or  for  the  pur-
pose of  levying black mail  upon  the  de-
fendant, it will go directly to his  character,
with this Jury as to his  credibility.
  Court.—That I think, and  therefore  I
said  you may ask him any  question which
tended to that effect,  but  merely asking
him  these few questions unless you intend
to follow it and prove it has been done for
an unlawful  purpose.------
  Mr. Kilgore.—Your Honor,  I  propose,
not only to show, who sent him, who were
in league with him, but that  he  went  at
an improper  time, did  his work in  the
basest manner possible.  That he did  it
not as an officer of the law,  for  the public
good, but for the sole  purpose  of putting
down, crushing and making money out of a
man, who belived that he was doing God's
service.  That is why I ask  this  question
and  why I propose to follow it up with oth-
ers involving the credibility of this  witness.
  Court.—Now if you  can  show  what
that manner was, and show  some  connec-
tion between the matters  proposed  to  be
shown  by him, you  can  go on asking
what they were.
  Mr. Kilgore.—Cheerfully, Your Honor.
  Q.—When did you make  affidavit  in
reference to  the purchase of  this  book?
  On what day ?
  A.—Last Saturday a week.
  Q.—Before what magistrate.
  A.—Before  the  Clerk  of   the  Police
Magistrate Kerr, Central Station.
  Q.—What time in the day did   you get
the warrant?
  A.—I did  not get any warrant.
  Q.—Did you  arrest this  defendant ?
  A.—No sir.
  Q.—Did you go with the men  who  did
arrest him?
  A.—I went with parties up to the  Hall.
  Q.—At  the time that he was arrested ?
  A.—Yes sir.
  Q.—Did you  see him arrested?
  A.—I seen him coming out of the  Hall.
  Q.—Did you  point him out to the persons
who had the warrant ?
  A.—No sir.
  Q.—Who  had the warrant?
  A.—Messers  Cobb & Fletcher,  I under-
stood had  it,  I  did  not  see  it   in  their
hands.
  Q.—Where was you when they arrested
him?
  A.—When 1  went  into  the  Hall  they
wre coming out.
  Q.—At  what time?
  A.—I suppose it  was in the neighborhood
of seven o'clock.
  Mr. Kilgore.—I do not  want  any  of
your supposings.  About  what time was it
according  to  your  best  knowledge  and
recollection ?
  A.—According to  my  best  knowledge
and recollection it  was  seven  o'clock  in
the evening sir.
  Q.—It was sunday night ?
  A.—Yes sir.
  Q—Did you  know sir that  Dr.  Landis
was  to preach in that Hall, Fifth  and Cal-
lowhill Streets on that evening?
  A.—I had understood that he was. 
1
   Q.—You  knew  that  fact  before  you
 made this arrest ?
   A.—I did not make any arrest.
   Q.—Why did you take him at that time ?
   A.—I did not arrest him.
   Court.—Is it pertinent to  the  facts  that
 you should ask him all these questions?
   Mr. Kilgore.—I think it is your  Honor.
 I do not mean to ask a question  that  does
 not bear directly upon the  main  points at
 issue,  ami if I do not show that they  have
 a very important bearing, I will never ask
 your Honor to take my word again.
   Court.—It was near seven o'clock, at the
 time he was giving an address in Harmonial
 Hall.
   Mr. Kilgore.—He was going to preach a
 sermon, but not in Harmonial Hall.
   Q.—Had  the  people  commenced  to
 gather there ?
   A.—There were some people assembled
 in the Hall.
   Q.—Where did you take him ?
   A.—I had nothing to do with him.
   Court.—Is the question about malicious
 arrest, or the publication of a book ?
   Mr. Kilgore.—This is a malicious arrest.
 I think the question pertinent.
   Court.—I  do not  care   what   motive
 prompted the arrest for the  publication of
 this book  unless  you can show that the
 arrest  was made with a view to  some un-
 lawful design, it  does not  matter whether
 the arrested person was taken out of bed or
 in the  midst of the preaching of  a  sermon
 or attending church or elsewhere.
   Mr. Kilgore.—For the benefit  of the
 Commonwealth's officer I will say that we
 shall take the broad ground that  this  book
 is  not obscene, that it is a  privileged  pub-
 lication, that it is a scientific work, that it is
just such a work that every father  ought to
 put into the hands of his adult children.
  Court.—That is another thing,  you  can
 argue that when the book is before you.
  Mr. Kilgore.—Now I propose  to show
how this defendant was treated by this man
who is on the stand, and his  associates, in
order to black mail this defendant,  that is
my design.
  Court.—Give us the fact and show that
design.  I suppose it is unfortunate  for  a
man to be arrested under any circumstances,
any where in his  house,  at  home  or  at
church, the mere fact of his arrest does not
alter the case.
   Mr. Kilgore.—Now we propose to show
that  Doctor  Landis was taken to  the
Central Station, that he was locked up in  a
felons cell, that he  was  kept  there  until
morning with no  opportunity  of commu-
nicating with his connsel   or  friends,  that
bail was refused him----
   Court.—I told you that  is not  pertinent
at this time.  You  have a  right if you  have
been abused, to recover  by  legal process
for that  abuse.  There is a remedy for all
these things.  You can have  a  right for
trial in the civil or  criminal court, but  that
question does not  arise  here  now, the
question now is, was this book purchased
and published by the Doctor, the defendant?
2d. If so is it an obscene book?  That is the
question now.  All the matters  for law are
open for you to prove.
  Mr. Kilgore.-Does your Honor decide that
I cannot show the mode of the arrest,  what
was done at the  time and  show  this  man's
connection with  it  and why he  should not
be regarded as a credible witness?
   Court.-You can  show that by  this witness
in order to show the  bias of his  mind.
   Q.—Why did  you  go   after  this   book_
What design had you in view by its   pur-
chase ?
   Court.—I do not see that  has  anything
to do with it.  It does not  show any act or
intent or any act done by  him.
   The  fact  this  witness  purchased  the
book and that his mind  was  therefore in
a certain biased condition  would not  affect
his credibility or  if he  was  biased by
prejudice against the defendant  by   what
others may have done or  any  oppression
defendant suffered at  the hands of the
witness does not interfere in any manner
as touching the main  question or as  touch-
iugthe credibility of the witness.
   Q.—When Doctor  Landis was  brought
before a magistrate did you testify against
him?
   A.—I testified that I purchased this book.
  Q—Did you say upon the trial that  you
had never read this book ? 
  A.—No, Sir.   I told them I read part of
it.
  Q.—Has the  book demoralized you, sir ?
  Objected to.
  Q.—Is  there  anything  obscene in  that
book?
  Objected to, and withdrawn.
  Q.—Do you know anything  with  refer-
ence to this man being confined in cell num-
ber one at the Central Station ?
  Court.—I do not see what that has to do
with the question.
  Mr. Kilgore.—I wish your Honor would
instruct this witness to remain in court.
  Mr. Gibbons.—I have marked some of
the particular passages here, gentlemen of
the jury, to which I will ask your attention
when you retire to  your room.  I offer in
evidence  this advertisement of  the book
contained in this newspaper.  It is a news-
paper which  appears to be regularly  pub-
lished.   The " Sharp Shooter," price  five
cents.
  Mr. Kilgore—I object to all, your Hon-
or, except the advertisement.
          Commonwealth Closed.


    Opening by  Mr.  Michener.
  Gentlemen of the Jury.—It becomes my
lot as one of  the counsel for the defendant
to lay before  you the line of  defence  that
we expect to take.   He has been indicted
and brought in here for  trial  before  you,
gentlemen, under the charge of writing and
publishing an obscene  libel.   It is not set
forth in  the  indictment—this  book  itself;
but is referred  to, as stated by the District
Attorney, as too filthy and obscene to be put
upon  the records  of this  Court.  This it
seems to me is  pre-judging the publication
itself.   We   shall take  the ground of  de-
fense  here, gentlemen, that this book  was
written and  published  by a practising phy-
sician ;  that  it  was done  upon scientific
grounds;  that he believed, as a physician.
from the large amount of experience that he
had had, that some work of this description
became absolutely necessary for the  assist-
ance of the human family ; that it is purely
a  scientific  work;  that it does not come
within the class of publications that the law
calls obscene; aud too filthy to set forth in
the bill of indictment to be placed upon the
rcords of the Court. We know very well or at
least we have reason to believe, we who are
not medical men, that in order to examina
the human body, in order to be prepared  to
assist the  unfortunate, mat it  becomes ne-
cessary for an exposure of ever part of the
human system, and in that exposure to the
medical student and to the  physician him-
self it becomes necessary, in order to  give
information to others that it  should  be
set forth so as to be printed, I may say to you
that we will bring a large uumber of medical
gentlemen  who will state that this book is
not in their view  an obscene and  filthy
publication but that it is a scientific medi-
cal work published not  with malicious views
that makes a  crime or with the  motive of
reaching the sensual  appetite and  causing
the public to come  forth and buy the book,
 hat he who published it might make the
paltry sum of one dollar upon each  copy
sold.  No, gentlemen, though  there are ob-
scene passages in this  book  perhaps under
certain  circumstances  and  under  certain
views, yet, I say,  in the hands of the scien-
tific man, or placed in the hands of any gen*
tleman of the jury who is a  member of the
community, or in the hands of his wife to.
read  with a view to receiving  information,
in order to protect the human  system, from
the injuries that arise from the careless com-
munications between the  sexes, this book is
not an obscene and filthy book. We believe
that we shall show to you, that  we have
witnesses  here  in court who have been
benefited by it.   We are  in an  age of the
world in  which many medical men have
felt and expressed themselves to the  effect
that in order to the protection of the human
family information was necessary to be giv-
en to them upon  these very subjects.  A
physician  of  high  standing  in the  city of
Boston, Mass., not perhaps in the line of this
publication, has put forth a little book called
"Why not" npon a subject of deep  interest
at this time to the whole community.  It
relates to the female population  getting rid
of the labor of bearing offspring and raising
them up, called abortion in its early stages.
Dr.  Storer  with  many   other  physicians 
#
9
 believing  that  it was injuring the  sexual
 organs and that it was a sin before God prac-
 tised by a large portion of this community,
 puts forth  this book.   It is laid before  the
 Medical Association of the United States it
 not only received their approval,  but  they
 award to him the gold medal.  The subject
 can be treated of by him in this  little book
 and in a way which may he  regarded  as
 to a very serious  extent obscene, if  spoken
 of in the family circle or  in  the  drawing
 room.
   It is believed that  that book   has been
 verj beneficial  to the community, so much
 so that he  has just published  and  has  now
 for sale  at the  various  leading  bookstores
 in this city a work called "WHy Is It" a
 work addressed to the  male portion  of  the
 population upon the  same  subject.  We
 say to you, gentlemen, then, that this publi-
 cation of ours was issued  with  the  same
 motive over the name  of  Dr. Landis  as
 you will see  when you read the   title page,
 not put forth secretly in order to  sell   the
 book upon the street without  regard to the
 morals of the community, but entered in the
 District Court of the  United States for  the
 Eastern District of Pennsylvania  and  sold
 by  him as a physician,  intended for the use
 of the adult population.
  I  think if we  succeed in showing  to  you
 that Dr. Landis is a physician; that  he  is
 in considerable  practice here,  perhaps  an
 extensive practice, I do not know  to  what
 extent; if we succeed   in  bringing  before
 you  medical gentlemen of  high  standing
 who say they have read this book, and  that
 they regard it as  a  scientific  publication
 and  that  the  motive  of its  publication
 was for the benefit of  the human   family
 and  that they believe  many  persons have
 b-en benefitted  in the circle of this practice
 by it, I think you will agree with me  that
 it is  no' obscene.  I have  been  informed
 since I have been  engaged  in   this case
 that there are  various books  sold here in
 secret.   We do  not   come  within  this
class of publications;  we publish  open-
ly;  and we sell  openly in connection  with
our practice, led to it by the many cases of
injuries brought  before us  and  the  im-
propriety of the  conduct of the parties  in
 this connection.   Now I think gentlemen,
 if we succeed in doing that, that  you  must
 acquit the defendant; you must find  that
 his motive was that  of a scientific  man
 with a view  of  benefitting  the  human
 family, whatever the book may be.  If it is
 ten times worse than  that  which  is  set
 forth, and you  find that he  is  a  scientific
 man, a physician of high standing, and  the
 book is published with the intent to  benefit
 the human family yon cannot  convict  the
 defendant.  You must put it upon the other
 ground that this book belongs to the Fanny
 Hill  publications  which  pander   to   the
 sensual appetite and injure the rising gen-
 eration  ;  but his motive  was the selling the
 book for a beneficial end ;  but if you find
 that his motive was  to  sell   the book  to
 make money you will convict him, and  his
 Honor upon the bench  convinced  by  you
 that that is a fact will give him  the whole
 penalty of the law.  I think  we  shall  be
 able to clearly satisfy you  that  there  was
 no criminal  motive and to satisfy  His Honor
 upon the bench  who  will look  carefully
 into this matter and deliver the charge  to
 you  when we  have closed.  I  think that
 we will be able to show to  you  by  our
 medical testimony  that it  seems  to  have
 become necessary  that  this  character  of
 information   should  be  conveyed   to  the
 adult membersof the community; that there
 has been so much carelessness and  as this
 book says so much beastly behavior among
 a large  portion of the male community, that
 some information  is  necessary  upon that
 subject just as it was supposed by Dr. Storer
 and  printed by him and  presented   to  the
 Medical Association of the United  States,
 that  it  should   bring   home  to   every
 family the impropriety  of destroying  the
 foetus at an early state of conception injur-
 ing the  individual, destroying  their  con-
 stitution and preventing us  from   having
 the population God intended  us  to  have.
  We shall endeavor to show to you  by our
 medical te^imony that a large  amount  of
 disease is  caused by impropriety  in   these
 matters, by  the want of knowledge;  that
it was necessary that this  publication  should
be made and that its intent is to guard the
people before it becomes too late;  to  guard 
10
them  against those injuries  that  produce
diseases before they require a medical ad-
viser.  There is no other way to reach  it
than by scientific, medical publications that
can be placed in the hands of  individuals.
Large medical publications are expensive
and thus out of their reach.
  We can show to you, if we are permitted
to do so, London Publications of the  first
standing containing the  very  things  that
are objected to in this publication.
  Gentlemen we will lay  our  testimony
before you.
   [Diploma offered in evidence datecJ 12th.
February 1853,  Eclectic  Medical  College
Philadelphia.]
   Mr. Kilgore.—We propose to prove  by
all these witnesses, that this book is not  an
obscene book ;  that Dr.  Landis is  a prac-
tising physician in  good standing in  Phila-
delphia; that his  character for purity and
morality is  unimpeachable.  We  propose
to prove by this witness, and several others
that  the  information  conveyed  in  this
book  is  valuable ;  and that the  world
needs it, and the  sufferings  of women de-
mand  it.
    Testimony for the Defence.
Dr. Joseph Longshore, affirmed.
  Mr. Kilgore.—Do you know Dr. Landis?
  A.—Yes Sir.
  Q.— How long have you known him ?
  A.—Ten  or twelve years.
  Q.—You are a practising Physician ?
  A.—Yes sir, for about fifteen years.
  Q-—Do you know others who know him ?
  A.—Yes Sir.
  Q.—What is his character  for morality?
  A.—I  never heard it called in question.
  Q.—Or for virtue and purity?
  A.—I never heard  it questioned.
  Q.—Is there  a direct communication be-
tween the brain and  the genital organs of
the human  body?
  Objected  to as irrevalent, to the character
of Dr. Landis.
  Mr. Kilgore.—I have got through with
that.
  Mr. Gibbons.—I do not see what that has
to do with the question.
  Mr. Kilgore.—I could not be  more as-
tonished than to hear such a statement from
the District Attorney. I am surprised that the
gentleman does not know,  we said we pro-
posed to show that the information, that this
book conveyed,  was necessary to  the com-
munity in which we live,  rendered  necess-
ary by  ignorance of  these  laws and the
diseases  which are the result  of ignorance
on the part of married people to whom this
book is addressed.  I. hope  it will  not be
necessary to  say  anything  further.   We
propose to show that this book is a  scienti-
fic and  medical book, and have  prepared
questions in  order to substantiate that fact,
and others,  based  upon  science,  and upon
truth which science has demonstrated with-
in the last  few  years.  The  question " Is
there a direct communication  between the
brain and the genital  organs " is the one to
which objection  is made.  On  the page
marked by the Dist. Attorney, Dr. Landis has
given proper  information to  married people
in reference to the laws of nature, in gener-
ation,  how  to generate a  race of men and
 women, that will be beautiful, healthful and
pure, instead of the criminals and  diseased
persons, three-fourths  of whom die, before
attaining to adult age.  Dr.  Landis  shows
 his  fellow-men how to commence.  And
 I  wish  to  show that  the  instruction given
 respecting this very act of commencement,
 by which a new  human soul  is generated,
 which none but ignorant or obscene persons
 will make fun of, or treat lightly, is, an im-
 portant part of the information given in this
 book.   And also  that  the instruction is in
 accordance with natures laws, and  benefi-
 cial to society, in the highest degree.  I ask
 leave, your Honor, in  these  questions,  to
 show  these  facts, because I believe  them
 vital to this case.
    Q—Now  will  yon  please  answer my
 questions ?
    Court.—I do not think it is admissible.
    Mr. Kilgore.—Is that  your decision ?
    Court.—The question  is not  admissible,
    Mr. Kilgore.—Will  your Honor  note an
 exception.   I offered this question  to show
 that this information  is in strict accordance 
II
   with science and  with natural laws and in
   order to prevent those diseases with which
   this defendant has come  in contact, and in
   order to show how those diseases might be
   prevented, by understanding the proper con-
   ditions of mind and body  in order  to pro-
   perly generate a pure and healthy child.  If
   your Honor rules this out, I wish  to except
   to this ruliDg.
    Court.—Very well, I rule it out.
    Mr. Kilgore—I now ask.  What are the
  uses of the genital organs?
    Objected to, and  ruled out.
    Mr. Kilgore.—I will ask another question
    Mr. Gibbons.—I object to all these ques-
  tions.  This  book  which  is  given in  evi-
  dence is a  strictly private book to married
  persons on the secrets of generation.
    Mr. Kilgore.—This man is charged with
  being a criminal, and he is brought  here to
  be tried because  he has  written  this book
  which goes into the philosophy of the high-
  est use of the genital organs which is " Pro
  creation."    He  has  given  us instruction
  which will prevent disease  and produce
  healthy, moral,  and  holy  offspring.   For
  that he is brought into  this  Court  as a crim-
  inal.   I asked  these  questions to  show  that
  this book is based upon a right view of this
  subject;  that it is correct in science and in
  its  deductions;  that  the  information, if
  practised as he has laid down in  his book
  which they have branded as obscene, would
  result  beneficially to all those who would
  obey its teachings.
•" I propose to show by these witnesses that
 jii the moment of generation of  a human
 being  the  condition of the  mother  gives
 character, for all time, to that immortal  be-
 ing, and that it is of the utmost importance
 that  Nature's law be not  violated ; that a
 knowledge of Nature's law on this subject
 does not  convey impurity to the  mind,  bul
 obedience  thereto  the  highest purity, and
 the highest and  holiest expression of love
 on earth for all men  and women.   To  the
 pure all things are pure. A right  use of all
 things  made by the hands of the Divine
 Being  promote purity, while  impurity and
 obscenity consist in the abuse.  I propose to
 show that  there are  several  diseases  of
 which this
    Court.—If you will direct your argument
 to the point of  relevancy  I shall  be very
 happy to hear from you.   The  question  is
 whether this is an obscene book.
    Mr. Kilgore.—That is exactly what we
 propose to  offer  in proof.   I propose to do
 >t in a scientific and strictly proper manner
 We  propose to show also that  the  law sus-
 tains us  in  the   position which we have
 taken.  The  law says : If the use to be at-
 tained is justifiable, or if the object is to give
 information to the community, to those  who
 have a right and  ought to know,  in order that
 [hey may obtain such information, the occasion
 s lawful, and the party  may then justify or
 excuse the publication, and it says this, your
 Honor, when the book  is  really objection-
 able  on account of the  language  used.  If
 your Honor notice in these  questions I have
 commenced  at the beginning, and have fol.
 lowed it up  in reference to  the very cases
 which these  physicians are called  upon to
 treat, and especially which this  defend-
 ant was  called  upon  to treat,  and  being
 moved by  the  sufferings  of his patients,
 he was  constrained  to write  this  infor-
 mation  for  the  community in  order  t0
 prevent  these diseases.  This  is wuy  we
 propose to bring in this testimony.  I deem
 this testimony of vital importance to the de-
 fendant, to  the  District Attorney, to this
 Court, these jurors,  and to  every  person
 within the  sound of  my  voice, and  all
 whom these  words may reach, to the ad-
 ministration of public justice, and the good
 of those who will  come  after us.   1 know
 that it will take  less time  than to come at
 this information in any other way.
   Court.—I think they are not  admissible.
   Mr. Kilgore.—1 take an exception to
 your Honor's ruling.
  Q.—Have  you  read this book  entitled
 >'The Secrets of Generation," Doctor?
  A.—No Sir.
  Q.—Have  you  read any parts of it?
  A.—I read  parts of  the  25th and  26th
pages.
  Q.—Those pages which are marked ?
  A.—The parts I read are  marked, Sir.
  Q.—Well now, Doctor,  do  you consider
that obscene ?
  Mr. Gibbons.—I object to that.  That is 
12
a question for the jury.  I do  not suppose
there are any experts in obscenity.
  Mr. Kilgore.—If Your Honor  please,  I
offer to prove by this  physician  who has
practised a life-time in this profession, who
has to  do with both sexes and who ought to
know in reference to the question  whether
this medical work is obscene or not obscene.
I offer  to prove  by this witness that this
book is not an obscene book, and as  a med-
ical expert I offer his testimony.   I  do not
know who would be regarded as an expert
in the mind of the District Attorney, I  think
we have  the  right to call  medical gentle-
men who have to do  with  these diseases
and with works  which  are published  for
the sake of giving information  upon  these
subjects.  I wish to show by this gentleman
and by all  who follow him that  this book
is a medical but not an obscene book.
  Court.—I think the fact of its  obscenity
will manifest itself to any one and it is not
necessary  to call an expert to  prove  that
and I overrule the offer  to show  such   a
fact.
  Mr.  Kilgore.—Will  Your  Honor note
an exception to that ruling.
  Court.—Yes sir.
  Q.—Do you regard  this book as a scien.
tific book?
  Objected  to  on  account  of  the  fact
that a scientific book may be  a  very ob-
scene book.
  Q.—Is that a scientific and medical book ?
  Objected to.
  Q.—Is that a medical book ?
  Objected to.
  Court.—You have  no  right   to  ask
whether it is a medical book or otherwise.
  Mr. Kilgore.—I offer Dr. Longshore  to
prove that this  book  is  a  medical  book
written upon  strictly  scientific  principles
as far  as  medical science  goes  and we
wish to show that it is beneficial to society
and its teaching true.
  Court.—It may be true, and it may be  a
very obscene book.
  Mr. Kilgore.—Undoubtedly, I wish   to
show that  the  law  privileges  this  book,
because it  is strictly  a  scientific  and   a
medical work.  Then  I submit that this
question is pertinent.  We have a  right   to
show that it is such from the  position   we
take under the law of the land.
  Mr. Gibbons.—I object to your showing it.
  Court.— It is overruled.
  Mr. Kilgore.—will  Your Honor note an
exception ?
  Q—In   Medical  works,  treating  upon
these subjects, is it customary to put  plates
in them showing the genial organs of  both
Sexes ?
  Objected to as irrevalent and  ruled  out.
  Q.—Have you known  Dr.  Landis as a
practitioner of medicine?
  A.—I have known him by reputation  as
a practitioner of medicine,  I am  not in-
timately acquainted with  the gentlemen. I
have seen him many times.
  Q.—Do you think the  information  con-
tained in this book is needed by the public ?
  Objected to, ruled out and  an  exception
taken.
  Q.—In your practice, Doctor,  are  there
many diseases  which  you have to  treat
occasioned by the ignorance  of  men  and
women in  the marriage relation ?
  Objected to.
  Mr. Gibbons.—No doubt the case is  so, I
object to it as it has nothing whatever to do
with the question.
  Mr. Kilgore.—Well  now, Your Honor if
we can do nothing in this case but to show
the character of  this  Defendant, we might
as well join the District Attorney  and  ask
the J»ry to convict ihis defendant at once.
  Court.—He need not be convicted if the
book does not convict him.
  Mr. Kilgore.—We  wish  to  show  that
the book does not convict him  and offer to
show that  is  no more  objectionable  than
other medical works at  large  in  the com-
munity, that are not considered obscene, and
that are sold everywhere,  even at  auctions,
that is what we propose to  prove.   The
question is shall  we have the privilege.
  Court.—Suppose  there are  fifty  books,
that does not affect the  question or  justify
the  publication of this book, if it is an  im-
proper book.
  Mr Kilgore.—I grant Your Honor,  but
I wish to show this by  medical  men,  and
to bring in the decisions of the courts in
reference to medical works which are  pnv- 
13
ileged and against which  actions have been
brought—which have  been dismissed  be-
cause they were privileged.  That is  why I
offer this testimony.  If we cannot get  the
testimony in, I do not see  how  we  can  go
on with this case. I can show this to bo the
law by the authorities.
  Court.—The positions which you  have
laid down are  very  correct.  For  instance
in order  to illustrate, we all know  it  is
necessary to view the  human body  in  all
its parts, for diseases of various  kinds,  by
physicians, eminently  proper required  by
medical science.  What  then?  Why they
should be properly treated  under  proper
circumstances.   You may  do it before  a
clinic class, you  may do it in a private cham-
ber, but  nol>ody  would contend,  that  this
thing ought  to  be brought  into  a  court-
house, and there done, or  taken upon  the
highway, and  there  expose  the  human
person.   Some things are proper to be done
in secret, and others to be  public.  A pub-
lication of a medical character may  proper"
ly  be  admitted to  a  class  of students
which certainly cannot be produced  upon
the  public  highway.   It  would  then be
obscene.  In their places they are  neces
sary to the scientific.   It is the motive ; it is
the  peculiar  circumstances  in  the case
upon  which  the   case   itself must  be
determined.
  Mr. Kilgore.—That  is just  what  we
wish to  show.
  Court.—Now if it were shown that Dr.
Landis  was  publishing  these  things any-
where to the injury of the  morals of  the
town, then  he  would  be  guilty  of an
offence   of obscene  exposure  and  yet  if
it  were  done  in a close  room or  done
in   the   private  chamber  of  a  patient,
which  would  be eminently  proper, there-
fore, gentlemen, if  this  man  does  these
things this way as a physician, it is unques
 ionably  correct. But when  a man does
these  things openly  and publicly,  which
w hen done  privately are not obscene, then
they become incorrect and cannot be justi
 fied.
   Mr. Kilgore.—If Your Honor please this
book is a "Strictly Private Book For Mar-
ried Persons, " which says also on the title
page of the book, "This Book Must Not Lib
About the house, but every male and female
should read it."   We propose to show  that
not one of these books has been for sale to
everybody like other medical works which
are ten times as  objectionable as this book,
some of them in auction  rooms in this  city,
at public sales, even.  Dr. Landis has  sold
this book himself, and to adult  persons only
He put the price at one dollar for the very
purpose  of making  it cost too much  for
children to purchase.  He  has kept these
books under his  own control.   I propose  to
prove all this by several  witnesses.
   Court.—Then your offer is  not in order.
   Mr. Kilgore.—Please note  an exception.
I propose to show that this is the law;  that
the law will not presume  malice in  this
case but on the other hand it will  presume
the innocence of the defendant.   His  mal-
ice must be shown by evidence.
   We propose  to show  further,  that  this
man has sacrificed more than  five thousand
dollars, during the last twelve  months  in
this cause.  That he is at this  present  mo-
ment not worth  a hundred dollars, although
he has an inconje. of six thousand dollars
from his practice, but that he gives nearly all
of it for the reformation of the people, believ-
ing that in this way he is doing  God's ser-
vice, and following the example of  the
meek and  lowly, but crucified Jesus.
   Now Sir, If we can show that  this  book
is a  proper book to circulate-----
   Mr. Gibbons.—Show the book to the jury
and let them say.
   Court.—I don't think  it is a question for
experts at all, every man is a judge.
   Q.—Is this information proper to be given
to the public by a physician ?
   Mr. Gibbons.—That has been ruled out
sir.
   Court.—Ruled out as  a question for the
 jury.
   Q.—Do you know Dr. Landis  to be a reg-
ular physician?
   Mr. Gibbons.—You have proved that by
his certificate.
   Q.—Do you know of similar works,  pub-
lished by physicians in regular standing?
   Objected to as having been  previously
ruled out. 
  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.
  Me.  Kilgore.—[To the witness.]   Do
you  think  the  information  contained   in
this  book  should be confined  only to col-
leges?
  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 informa-
tion 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 hnsbands 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.—\es 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. Lan-
dis?
  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 hav-^  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 ob-
scene 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 con
ceives 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 Su
preme 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. Kilgob,-&.—Do you know what Di 
 Landis' objects  were  in  publishing
 circulating this book?
   Objected to.
            Cross Examination.
   Mr.  Gibbons.—Who did  you ever hear
 speak of Dr. Landis' character as a man of
 purity?
   A-—Various members of our church.
   Q.—Name  some of them.
   A.—Mr. Hall.
   Q.—What is his first name?
   A.—Robert Hall.
   Q —What church is he a member of?
   A.—The  First   Progressive   Christian
 Church of Philadelphia, Dr. Landis pastor.
   Q—You  are one of his  congregation,
 then, are you?
   A.—I am Sir.
   Q—The  First  • Progressive  Christian
 Church?  Is that  known  as a  free  love
 church?
   Mr. Kilgore.—I have no objection  to the
 answer, but I say the  question is  an  im-
 proper  one and should not  be asked.  It is
 an insult to the witness.
   A.—I do not understand the question  as
 to what free love means.
   Mr. Gibbons.—If you do not understand
 it  I will not undertake to explain it to you.
   Q.—You have heard Mr.  Hall  say  he
 was a man of purity, when ?
   A.—I cannot say the day.
   Q.—Was it within a  week ?
   A.—It was.
   Q—Since the arrest?
   A.—Yes sir, and before also.
   Q.—How long before ?
   A.—Well probably for years, occasionally.
   Q.—Was  his character  as  a  man   of
purity, under discussion at  the time.
   A.—No sir,  not under discussion,  merely
mentioned  in  the course  of conversation,
I presume.
   Q.—Will you please to state under  what
circumstances  he  said  he  was  a  man of
purity?
   A-—I cannot say  exactly.
   Q.—Who was present when it was said?
   A.—There  was  nobody but  ourselves.
   Q—Who ?
   A.—Mr. Hall  and myself,  at his house.
   Q.—At whose  house?
15

    A.—At Mr. Hall's house ?
    Q—Now was this since the commence-
  ment of this  prosecution,  the  occasion  to
  which you now refer ?
    A.—It was.
    A.—Did you ever hear anybody else say
  he was a man of purity of character?
    A.—I cannot remember of any.
    Q-—Then how can  you  say to this jury
  upon your oath that his reputation is  that
  of a man of purity of  character?
    A.—By  my knowledge  of the man—by
  being associated with  him.
    Q-—Then you only know from your own
  experience and from  intercourse with the
  man himself?
    A.—Yes sir.
    Q.—From  that  you  infer his general
  character is that of purity?
    A.—Yes sir.
            Redirect Examination.
    Mr. Kilgore.—Do you not know that Dr.
  Landis is regarded  by  the whole congrega-
  tion to be a pure man ?
    Objected  to as a  leading question,  and
  that he  has  already stated his means of
  knowledge.
    Court.—He said he  never heard any one
  speak of it but Mr. Hall.
    Mr. Kilgore—Very well, I will change
  my  question.  Do you  know  the estimate
  in which Dr. Landis is held by his congre-
  gation as a moral Christian  minister ?
    Objected to.
    Court.—What is his  general character for
  parity ?  Did you ever hear it questioned by
  any member of his congregation ?
    A.—I did not.
    Mr. Kilgore.—Is his congregation a very
  large one?
    A.—What would you call a large one ?
    Q- — How many persons  go  to hear him
  preach ?
    A.—On Sunday night I judge there must
  have been a thousand.
    Q.—Is it  usual for him to have as many
 as that?
   A.—It  is when he has a large hall  for
 their accommodation. When he preaches in
 a small hall he preaches to  smaller congre-
 gations. 
16
Charles  Wagner sworn.
  Mr. Kilgorb.—You know Dr. Landis?
  A.—Yes sir.
  Q.—How long have you known him ?
  A.—Eight or nine years.
  Q.—Have you known him intimately ?
  A.—Yes sir.
  Q.—Do  you  know  others  who  know
him?
  A.—Yes sir.
  Q.—What is his character for purity as a
man and as a minister ?
  Mr. Gibbons.—We object to his character
as a minister, that is not  involved.
  Q —Well, is he a pastor of the First Pro-
gressive Church ?
  A.—Yes sir.
  Q.- Does a large congregation attend there
usually?
  A.—Yes sir.
  Q.—Do you know a large number of peo-
ple who know Dr. Landis ?
   A.—Yes sir.
  Q.—He is an outspoken man is he?
  A.—Yes sir.
  Q.—He is not  a man likely to conceal his
motives.
   A.—No sir.
   Objected to as a matter that has nothing
to do with  his book.
   Mr. Kilgore.—I think if our friends will
object less, they would get at  the  truth
faster.  I wish to know his reputation for
purity.
   Court.—You must confine your remarks
to character.
   Mr. Kilgore.—We caji prove that by no
witness.  There  is no  human being who
can testify to your Honor's character  for
purity.   The character is beyoud the ken of
of any human being.  Reputation is  what
others  think  of you,  character is what you
are.  I  will withdraw that question.
   Q.—Did you ever hear Dr. Landis' char-
acter for purity questioned by any person of
respectable character in  Philadelphia ?
   Objected to.
   Q.—What  is his  genuine character for
purity ?
   A.—As far as I know it is good.
   Q.—Did you ever  hear it called in ques-
tion?
  Mr. Gibbons.—We object to that as open-
ing the door to show cases of immorality.
           Cross Examination.
  Q.—When did you hear his character for
purity spoken of?
  A.—Since the arrest, and I  have  heard
before that.
  Q.—Who spoke of it ?
  A.—A friend of mine.
  Q.—Please to name him sir.
  A.—William Ahles.
  Q.—When was it spoken of by William
Ahles?
  A.—A short time past.
  Q.—When?
  A.—I could not tell how long ago.
  Q.—When?
  A.—Five or six years ago.
  Q.—When was it last spoken of  to  you
by Mr. Ahles1?
  A.—Not lately, I  have not seen  him
lately.
  Q —When  did  you  last   see  him sir,
how long ago?
  A.— I saw him last Sunday.
   Q.—Did not he speak of it then?
   A.—No sir.
   Q.—You have not heard William Ahlesi
speak of it for a long time, have you?
   A.—Yes sir.
   Q.—Can you name any other person?
   A.—A young lady, a friend of mine.
   Q.—Who was the young lady?
   A.—Miss Amber.
   Q.— When did she speak of it?
   A.—Since the arrest.
   Q.—Any body else ?
   A.—No.
   Q.—Where did Miss Amber speak of it?
   A.—At my house.
   Q—All the persons   whom  you  have
heard speak of the character  of Dr. Landis
for purity, are Miss  Amber  and  William
Ahles?
   A.—Yes sir.
   Q.—These are the only persons?
   A.—Yes sir.

   Dr. Mincer,  affirmed by the  uplifted
hand.
   Mr. Kilgore.—Do you know the defend-
 ant? 
17
  A.—I do sir.
  Q.—How long  have  you known  him?
  A.—I think about seventeen years.
  Q.—Do you know  others  who  know
him ?
  A.—Yes sir, I do.
  Q.—What is his reputation and  general
character for purity?
  A.—I have never heard it questioned.
  Q.—Have you been accustomed to  listen
to his lectures?
  A.—No sir, nor have I  ever  seen  his
book except in court.
  Q.—You have read this paragraph,  the
one that is marked ?
  A.—Yes sir.
            Cross Examination.
  Mr. Gibbons.—I understand you to  say
you never heard  anything said  about  his
character for purity?
  A.—I will state what he stated to  me
some seventeen years ago.----
  Mr. Gibbons.—That is not evidence.
          Redirect Examination.
  Mr.  Kilgore.—The District Attorney,
did not quote  you quite right,  you  stated
that you  had  never  heard his character
questioned.  Do you know that his charater,
for purity is good ?
  A.—I never heard it  called  in  question
by any one.
  Mr. Gibbo>:s.—My friend stated that  I
misquoted  you, will  you  now  please  to
state whether you ever heard his character
for purity discussed?
  A.—No sir, except  in this Court Room,
just now.
  Mr. Gibbons.—So I supposed.
  Mr. Kilgore.—If I  do  not  mistake,  you
have known him for about 17 years?
  A.— Ves sir.

Adam bmith, sworn.
  Mr. Kilgore.—Do  you know  the  de-
fendant ?
  A.—I do.
  Q.—How long have yon known him ?
  A.—Some five or six years.
  Q.—He is your family physician?
  A.—He is sir.
  Q.—You know  other people  who  know
him?
  A.—I could not say.
  Mr.  Kilgore.—I ask that  question be-
cause it is one of the questions which  have
been stereotyped  in this  court, and  one
they confine counsel to,  when they examine
witnesses as to character.
  Q—You say you have  known him, do
you know other people who know him ?
  A.—I think the  whole community knows
him.
  Q.—Is he a man very generally known?
  A.—I think he is.
  Q.—What is his character for purity ?
  A.—As far as I  know him it is good.
  Q.—Did  you  ever hear it called in  ques-
tion  by any person who knew him ?  I do
not mean by men  prejudiced  against  him,
I mean by those who know him?
  A.—No sir.
           Cross-Examination.
  Mr.  Gibbons.—Do you mean  you  never
heard his character for purity called in ques-
tion?
  A.—Not  that I remember of.
  Q.—You have heard other people  ques-
tion his character for purity have you ?
  A.—Not  that I recollect.
  Q.—Did  you ever hear anybody speak of
his character for purity at all ?
  A.—I  never took any notice of that.
  Q.—Whom  do you  know who  know
Landis, beside yourself?
  A.—I think every body knows  him?
  Q.—Well name  somebody, some of your
friends who know him?
  A.-—I do not anybody except I name half
of Philadelphia.
  Q.—You cannot name any one individual
in the community.
  A.—No  sir.
          Re-dircct Examination.
  Q.—Do you know Robert Hall ?
  A.—I  do.
  Q.—Do you know that he knows him ?
  A.—I do not.
  Q.—Do you know that Adam Smith knows
him or Dr. Mincer?
  A.—I do not know those gentlemen.
  Q.—Well!  Do you know a great many
men who do know Dr.  Landis ?  Are you
acquainted  with them  in  this community
although  their names do not occur to you ? 
18
A.—I could not think at present.
A. Hallman, sworn.—
  Mr. Kilgore—Do you know Dr. Landis ?
  A.—Yes sir.
  Q.—Do you know other people who know
him?
  A.—I believe not.
  Q.—Don't you know of any persons  who
know Dr. Landis ?
  A.—No I believe I do not.
  Q.—Do you know Robert  Hall,  Evans,
and Wagner, who  have just testified ?
  A.—No I do not  know either one of them.
  Q.—Is he your family physician ?
  A.—I have no family.  I have been un-
der his treatment.
  Q.—Has  he cured you ?
  Mr.  Gibbons.—It  makes no  difference
whether he has  or  not, you seem to be  in
good health now.
James Miller, Sworn.
  Mr. Kilgore.—Do you know Dr. Landis ?
  A.—I do sir.
  Q.—How long have you known him ?
  A.—Since 1857.
  Q.—You know other people  who know
him?
  A.—Yes  sir,  I  can  see a  great many
people around here who know  him.
  Q.—What is  his  general character,  by
that I mean his  reputation, amongst  those
who know him ?
  A.—As far as I have heard others speak,
they have spoken very well of him.
  Q.—Do those  who know  him  best love
him most?
  A.—That I cannot say.
  Objected to.
  Q.—Did you ever hear his character  for
purity called in  question by any man  or
woman who knew  him?
  A.—I never did.
         No Cross Examination.

Gustave Epard,  sworn.—
  Mr. Kilgore.—Do you know Dr. Landis?
  A.—Yes sir.
  Q.—How long have  you known him ?
  A—About fourteen years  ago, I read a
piece in the Public Ledger, and ever  since
I have heard many of his lectures.
  Q.—Are  you  a  member  of  his con-
gregation ?
  A.—No sir.
  Q.—Do you know others  who  know
him?
  A.—Yes sir.
  Q.—What  is his character  for   purity
amongst those who know  him ?
  A.—For my part I  believe he is as  pure
a man as walks the face of the earth.  In
1857, he had a great debate in  Jaynes  Hall,
and I saw hundreds  of them there  who
thought he was the greatest man living.
  Q—Have you ever  heard his character
for purity questioned,  by those who  knew
him or  were intimately  acquainted  with
him?
  A.—Well  I heard a  few  old  women
where I lived say they did not like him.
  Q.—Did they know him?
  A.—I do not know  whether they  knew
him or not, my boarding mistress has said—
  Objected to as hearsay, not evidence.
  Q.—You never heard those who  knew
him call in question his character  for  pur-
iy?
  A.—No.
         No Cross Examination.
H. Bartman, sworn.
  Mr. Kilgore.—Do  you know  the  def-
endant?
  A.—I do sir.
  Q.—How long have you known him ?
  A.—About four years.
  Q.—Do you  know other  people  who
know him ?
  A.— No sir.  I only have  an acquain-
tance myself with him  in my official ca-
pacity, as a physician.
  Q—You know other people  who know
him.
  A.—No sir.
  Q.—You have heard  these  men  testify
to day, you.know some of them ?
  A.—No sir.
  Q.—Do you not know  some of them?
  A.—No sir.
  Q.—Don't you know  any person  who
knows Dr. Landis? 
  Q.—Have you ever attended his lectures?
  A.—One or two times.
  Q.—He has been your physician?
  A.—Yes sir,  I  have  been  under  his
treatment twice.
  Q.—Have  you  been benefited  by  his
treatment?
  Mr. Gibbons.—That is  inadmissable, it
is not  evidence, I do not see why we should
waste time in this case.
  Q—Did you ever hear his character for
purity questioned?
  A.—I never heard  any  direct conversa-
tion about his character for purity, never
heard it questioned, neither spoken of.
Mrs. Lizzie Hall, sworn.
  Mr. Kilgore.—Do you know Dr. Landis?
   A.—Yes sir.
  Q.—How long have you known him ?
  A.—For seven years.
   Q.—You know others who know him?
  A.—Yes sir.
  Q.—Do  you  know  his  character  for
purity ?
  A.—I think I never heard anybody call
his character for purity in question.
  Q.—Has he been your family physician?
  A.—Yes sir.  That is the way I became
acquainted with him.
  Q.—How long has  he been your family
physician ?
  A.— For seven years.
  Q.—He so continues?
  A.—Yes sir.
  Q.—You consider his character for purity
good ?
  A.—Yes sir.
            Cross-Examination.
  Mr. Gibbons.—Mrs. Hall, you are the wife
of Robert Hall ?
  A.—Yes sir.
  Q.—Did you ever hear Dr. Landis' char-
acter for  purity, made the  subject of discus-
sion ?
  A.—I  have heard that  he was so  pure
that he was considered wicked.
  Q.—When did you hear that?
  A.—At different times.
  Q._How lately?
  A.—I cannot tell how lately.
  Q.—Since he was arrested?
  A.—No sir.
  Q.—You have not heard anybody say any-
thing about it since he was arrested?
  A.—No sir.  I have seen nobody but his
wife since he was arrested.
  Q.—You say so pure that he was wicked ?
  A.—Well  that he  was mistaken, people
mistook him.


Mrs. Mary Snow, sworn
  Mr. Kilgore.—Do you know Dr. Landis?
  A.—Yes sir.
  Q.—How long have you  known him?
  A—Six years.
  Q.—Is he  your family physician ?
  A.—Yes sir.
  Q.—You know others who  know him ?
  A.—Yes Sir.
  Q.—What is his character  for purity?
  A.—The best that ever was.
Mrs. Cooper^ sworn.
  Mr Kilgore.—Where do you reside?
  A. —1016 Stiles St.
  Q.—Do you know Dr. Landis ?
  A.—Yes sir.            .
  Q.—How long have you  know him ?
  A.—Three or four years.
  Q.—Is he your family physician ?
  A.—No sir.
  Q.—Do you know others who know him ?
  A.—Yes sir.
  Q.—What is his character for purity ?
  A.—Well  I can only  speak of my own
opinion.
  Q.—Have you ever heard others speak of
him ?
  A.—No sir.
  Q.—Did you ever hear his  character for
purity brought in question ?
  A.—I never heard it spoken of.

Mrs. Wagner, sworn.
  Mr. Kilgore.—Where do you reside?
  A.—Tenth street.
  Q.—What  number?
  A.—Numher 433.
  Q.—Do you know Dr. Landis ?
  A.—Yes sir.
  Q.—How long have you known him? 
20
  A.—Five years.
  Q —Do you know others who know him ?
  A.—I have very slight acquaintance with
other people who know of him.
  Q.  Have you heard others speak of him
frequently ?
  A.—Yes sir.
  Q.—What is his character for purity ?
  A.—Perfectly good.
           Cross-Examination.
  Mr. Gibbons.—Did you  ever  hear  it
talked of at all  ?
  A.—No sir.

Mr. Bradfield, affirmed.
  Mr. Kilgore  Do you know  Dr.Landis?
  A.—Yes sir,  I have  known  him a year
and a half.
  Q.—Do you know others who know him?
  A.—I have met several at his lectures, to
whom I talked of his system of treatment,
but the question of his moral character was
never brought in question before me, I was
treated for weak eyes.

F.  W. Steiger, sworn.
  Mr. Kilgore.—Where  do you reside?
  A.—Number 26 north 4th street.
  Q.—Do you  know Dr. Landis?
  A.—Yes sir.
  Q.—How long have you known him ?
  A.—Four or five years.
  Q.—Do you know others who know him ?
  A.—Yes sir.
  Q.—What is his character for purity?
  A.—Very good to the best of my  know-
ledge.
            Cross-Examination.
  Q.—When did you hear it spoken of.
  A.—Never  heard  it questioned  to  my
knowledge.
  Q.—When did you hear it spoken of,  his
character for purity ?
  A.—It has been some years ago.
  Q—Not lately?
  A.—No  sir.

R.  M. Pancoast, M. D. affirmed.
  Mr. Kilgore.—Do you know Dr. Landis?
  , A.—I do sir.
  Q_How long  have you  known  him?
  A.—Ten or twelve years.
  Q.—Do you  know  others  who   know
him?
  A.—I do.
  Q.—What is his character for purity ?
  A.—I  do  not remember  ever hearing
anything said against him for purity.
  Q.—You never heard  it   brought  in
question ?
  A.—I  remember  hearing  persons say
that they had no doubt of his sincerity.

Dr. Rittenhouse affirmed.
  Mr. Kilgore—Do you know Dr. Landis?
  A.—Yes sir.
  Q.—How long have you known him?
  A.—About six years.
  Q.—Do you  know  others  who   know
him?
  A.—Yes sir.
  Q.—What is his character for purity.
  A.—Very good so far as 1 know.
  Q.—Did you ever hear it questioned?
  A.—Not with  regard  to  his  purity,  I
have heard his doctrines, questioned.
             Cross Examined.
  Mr.  Gibbons.—You  never  heard  his
character for purity discussed ?
  A.—No sir.

Mrs. Sarah Wadlow, sworn.
  Mr.  Kilgore.—Where do  you  reside ?
  A.—533 South Street.
  Q.—You are  a married  woman?
  A.—Yes sir.
  Q.—You know this  defendant,  Doctor
Laridis ?
  A.—Yes sir.
  Q.—Is he your physician ?
  A.—He is  sir.
  Q.—You know other people  who  know
him?
  A.—Yes sir, I  know  some persons who
know him.
  Q.—What is his character for purity ?
  A.—Well!  All I  know, that know Dr.
Landis, speak well of him.
  Q.—Have  you attended his  private lec-
tures to females? 
21
  A.—No sir, I have not attended his pri-
vate lectures to females.
  Q-—Have you read  this book, Madam,
that is in question ?
  A.—I read some of it.
  Q-—Have you been benefited by it ?
  A.—Yes sir.
Mrs. Wagner, re-called.
  Mr. Kilgore.—You are  a married  wo-
man ?
  A.—Yes sir.
  Q.—Have you read the book in question ?
  A.—I have sir.
  Q.—Have you been benefited by it ?
  A.—Very much.
  Objected to.
           Cross-Examination.
  Mr. Gibbons.—Will you  please  to point
out what part has benefited you ?
  A.—The whole of it.
  Q.—Will you  please point out any  par-
ticular part that has benefited you ?
  A.—I do not know any  particular part,
the whole of it has been to  my benefit.
  Q.—In what way has it benefited you ?
  A.—In every way for my health.
  Q.—You cannot point out any particular
part that has benefited you ?
  A.—It is all good that is in it.
  Mr. Kilgore.—So say I.
Francis Parker, sworn.
  Mr. Kilgore.—Do you know Dr. Landis?
  A.—Yes sir, I know him.
  Q.—Do you know others who know him ?
  A.—Yes sir, I know a great many people
who know Dr. Landis and I have  known
him for fifteen years.
  Q.—What is his character for  purity
amongst those who know him ?
  A.—I know nothing objectionable to his
moral character.
  Q.—Did you ever hear any person  who
knew Dr. Landis speak aught against  his
character for purity?
  A.—I never did,  I never heard anybody
speak anything prejudicial to his character.
  Q.—Have you read this book in question ?
  A.—Yes sir, I have.
  Q.—Has it benefited you ?
  Objected to.  Objection overruled.
  A.—1 just looked at  the book, I did not
examine it closely.  I should call it a medi-
cal work.  I  do not think  there is any ob-
jection in it.
  Q.—Are you a druggist ?
  A.—I  was brought up as a druggist.  My
father was an English physician.  Hence I
can see  nothing----
  Mr. Gibbons.—I object to this.
  Mr. Kilgore.—The  truth  is  to be sup-
pressed in this case, according to law.
  Mr. Gibbons.—The trouble is that  you
wish to  bring in so much truth, that it makes
it burdensome.
  Mr. Kilgore.—The more truth the better.
Mrs. Hall, re-called.
  Mr. Kilgore.—Have you read this book
in question, Mrs. Hall ?
  A.—Yes sir.   I  think the advice it con-
tains is calculated to benefit women.
  Mr. Gibbons.—No matter what you think.
              i
            Cross-Examination.
  Mr. Gibbons.—Will  you please to point
out so much of the advice madam, as has
benefited you?
  A.—No sir.
  Q.—Have you read it all?
  A.—Yes sir.
  Q.—Will you please to point out what
has benefited you, madam ?
  A.—I do not say it benefited  me, I say it
contains  advice, which would benefit.
  Q.—Did I understand you to say that you
were benefited  by anything  contained  in
this book ?  In health or in any other  way.
  A.—Yes sir.
  Q—Now, will you point  out what bene-
fited you?
  A.—I say it contains hygienic advice.
  Q.—Igenic, advice ?
  A.—Yes sir,hygienic advice.
  Mr. Kilgore.—She said, hygienic advice.
  Mr. Gibbons.—Only she  dropped the 'h,'
that's all.
  Q.—Will you please point out something
or other that did  benefit you ?
  A.—Did I understand you correctly. 
22
  Q.—I inquire whether I  understood you
to say, that there  was  something in that
book, you did not know had benefited you,
but you thought it might benefit you ?  Can
you point out anything  that might benefit
you ?
     Mr. Kilgore.—You must answer his
question, Mrs. Hall. Here is where the ob-
scene part comes in, when  the District  At-
torney badgers a witness.
John Keihl, sworn.
  Mr. Kilgore.—Do you know Dr. Landis?
  A.—I do.
  Q.—How long have you known him ?
  A.—Altogether 8 or 10 years.
  Q.—Do you know other people who know
him?
  A.—I have seen him  talking  to people.
I never  paid attention.   He  lived  in the
same house with me for two years.
  Q.—You know other  people who know
him?
  A.—Yes sir.
  Q.—Now, with those who know him, not
those who slander  him, and can't  under-
stand him---
  Mr. Gibbons.—That is not a proper ques-
tion, two-thirds of the world might slander
him and others speak well of him.
  Mr Kilgore.—I hav'nt finished the ques-
tion.
  Q.—What is his character for purity ?
  A.—I know nothing myself of it ?


Mrs. Thwait, sworn.
  Mr. Kilgore.—Do you khow Dr. Landis ?
  A.—Yes sir.
  Q.—How long have you known him ?
  A—About six years.
  Q.—Has he been your family physician?
  A.—He has been my physician.
  Q.—Do you know other people who know
him?
  A.—Yes sir.
  Q.—Amongst all  those  who  know  him,
what is his character for purity ?
  A.—It is good.
  Q.—Have you read this book, and has it
benefited you.
  A.—Yes sir.
           Cross-Examination.
  Mr. Gibbons.—Have  you children, mad"
 m?
  A.—I have had.  I have buried two.
  Q—You have no children now?
  A.—No sir.
  Q.—When did you read this book.
  A.—About three years ago.
  Q.—You read it  when it first came out
then ?
  A.—Yes sir, I suppose it was.
  Q—Have you a husband, madam ?
  A.—Yes sir.
  Q.—You say you have been benefited by
this book ?
  A.— Yes sir.
  Q.—Will  you please to  point out what
part has benefited you ?
  A.—It has all benefited me. every part of
it.
  Q —Without any exception ?
  A.—Yes sir.
  Q.—Are you a  member  of Dr.  Landis'
church ?
  A.—Yes sir.
  Court.—What kind of a church is it.
  Mr. Kilgore.—It is the First Progressive
Christian Church, and I  think perhaps  the
most christian of any  in Philadelphia.   I'm
an expert on that.
  Court.—Is this book  part of the  doctrine
of the church?
  Mr. Kilgore,—No sir the book is founded
upon  the teachings of  Christianity,  every
word  of it, as far as the statements of med-
ical science is concerned.
  Court.—Then the book is  not taught in
the church ?
  Mr. Kilgore.—The  gospel is taught in
the churoh, the Gospel of Christ.
Nicholas Beechy, sworn.
  Mr. Kilgore.—Have you read this book ?
  A.—Yes sir.
  Q.—Has it benefited you ?
  Mr. Gibbons.—I think we have gone far
enough on this point.
  Mr. Kilgore—Will the witness  answer
the  question.   He is on the stand.  Has it
benefited you ?
  A.—I do know that it did. 
23
i
  Q-—How long have you  known Dr. Lan-
dis?
  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 Hon-
or.
/. 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  ary  further
evidence on this question.
  Court.—You said  you had some  physi-
cians as reserve witnesses,' 1 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 bene-
fited 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  ac-
counts of the defendant during the past year,
uow 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 con-
clusion 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 Comm n wealth'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 advance-
ment of these doctrines,   in  reference to
right generation according  to the laws of na-
ture 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  Pro-
gressive 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, pu-
rity, 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. 
24
OPENING  ARGUMENT  FOR THE  COMMONWEALTH
BY
HON  CHARLES  GIBBONS,

               District  Attornev.
MAY.lT 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 Genera-
tion."  That is the  first  count.   I have
shown you a book of that title.
  The second count charges him with  pub-
lishing a Certain filthy, infamous and obscene
book, entitled "The Secrets of Generation."
  These  are  the two  counts,  in this in-
dictment 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.  Brenei-
ser, has testified  to you, clearly and distinct-
ly 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
v^ry sorry to read them to this public audi-
ence, 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 con-
fusion 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  ex-
posed for  sale this  particular  book—there
is other evidence tham 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, gentle-
men 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 re-
specting 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 
25
 the jury that there are other allusions  to  it
 besides what appear  in the advertisement.
 Of course the jury would have to read the
 paper all through before they  would find
 out these points, if it is not  all in  evidence
 it io improper  for him to  make  that state-
 ment.
   Mr.  Gibbons.—1  desire to show, may it
 please  your Honor, the advertisement of the
 book for sale and I propose to show it by the
 declaration of the defendant in this paper.
   Mr.  Kilgore.—Your Honor, it is all ad-
 mitted, there is no need of any proof.
   Mr.  Gibbons.—I prefer to lay  before the
 jury this declaration, of the  defendant—"cir-
 culation of the Sharp-Shooter, twenty thou-
 sand, with a rapid increase, it goes through-
 out the Union, editors who  receive copies of
 the Sharp-Shooter and Anti-Fogy, will con-
 fer a favor  by  communicating with  their
 reformatory friends.  Those  who  wish  to
 regularly exchange, will ex their  papers,
 when we place them  upon our  special ex
 list for  a year."
   Here then is a paper which according  to
 the declaration of the  defendant, circulates
 its twenty  thousand  copies, and is rapidly
 increasing, and this paper, contains an ad
 vertisement of this book, in these staring
 capitals which you see before you :
   "Read! Dr. Landis."  A strictly private
 " book for married persons,  on ' The Secrets
 " of Generation."  This looks, gentlemen of
 the jury, very much indeed as though it were
 n strictly private book,  not intended for the
 public to see.   On the title page of this book,
 gentlemen, you will read, that " This book
 " must not lie about the house, but every male
 "and female should read it."   Not  every
 married man or every married woman, "but
 every male and female, should read it."
   If.  gentlemen of the jury,  there is nothing
 obscene or lewd in this book.we may well
 inquire why it is that he states upon the title
 page, that it must not  lie  about the house.
 A man  who publishes  a book, which is  to
do good to all  mankind, and to all woman-
kind, and  particularly to  that  portion of
womankind who seem to be connected with
this* Christian  Progressive Church—a book,
gentlemen of the jury, published for the ben-
 efit of humanity, would not be advertised in
 this way upon its face.
   " It must not be left lying about:" if left ly-
 ing about, perhaps Mr. Breneiser or  some
 other officer of the law might walk in and
 pick it up and produce it to the officers of the
 Commonwealth, and  it might possibly result
 in the conviction of the man  who published
 it.  This is why the book is not to be left ly-
 ing about.   This man  knows, as well  as
 you will know  when you  take  this book
 to your room to look upon a few of its pages,
 that  this is  a lewd, indecent and obscene
 publication, calculated to deprave the morals
 of our youth, and do  infinite wrong and in-
 jury to society.   Not content,  with these sta-
 ring capitals, the  advertisement goes on.
 •'This is  the book you want,  strictly private
 '' book for married persons, on " The Secrets
 " of Generation."  Aristotle excelled, by Si-
 " mon M. Landis, M. D., D. D., a medical
 ' doctor and doctor of divinity !!  Where he
 got his title of D. D., from, gentlemen of the
 jury, my learned friends upon the  other side
 have  not ventured to  explain.   They  have
 produced a certificate  that he is a graduate
 of some " Eclectic Medical College," here in
 the City of Philadelphia, which  was in ex-
 istence in the year 1850.   "  It contains  the
 pith of 'J4 of his popular private  illustrated
 lectures, on  sexual, psychology, etc.," "price
 one dollar," for sale only  by Dr. Landis, at
 his office, corner of 13th St. and Girard Ave-
 nue, Phila., forwarded sealed, prepaid, by re-
 turn mail, upon receipt of price.
   Mr. Kilgore.—Dr. Landis  sells  to both
 sexes by mail,  confidentially.  I know you
 would not read  wrong intentionally.   You
 said, " sexual psychology," when it is  "sex-
 ual physiology."   Psychology has reference
 to the mind, and  physiology to the body.
   Mr. Gibbons.—I beg your pardon, I must
 confess my sight  is a  little  imperfect, and
 my glasses happen to be a little dull, and in-
 asmuch as the defendant  is in  the psycho-
 logical school it might not  be so far out of the
 way------
  Mr. Kilgore.—Physiological.
  Mr. Gibbons.—There is some little pschy-
chology in it.
  Mr. Kilgore.—There  is no  evidence of
that. 
26
  Mr. Gibbons.—Being a doctor of divini-1
ty,  I think  he must necessarily  deal  in
psychology,  But I correct the  mistake  it is
not printed psychology.  Landis  sells  to
both sexes confidentially, gentlemen, nobody
but married people  must  know anything
about this book, it is a "Strictly Private Book"
advertised in this paper, with a circulation of
twenty  thousand, and  rapidly  increasing.
Anybody can buy it, gentlemen of the Jury,
any son of yours, any daughtei of yours,  by
sending Mr. Landis, or  Dr.  Landis, as  he
calls himself a one dollar note through the
post office.
  Tliis book has done good to  some of the
females who have been put upon the stand
as witnesses.  So they said.   But they were
ashamed to  put their fingers upon that por-
tion of the  book which did them good, or
explain how the good was accomplished.
  Well then we have a series of letters.
           Norristown, Pa., Jan. 22. 1806.
  Dr. Landis.—I have the honor to present
you hereby, the ordered  translation  of  your
Secrets of Generation,  it is a  larger  and
more  difficult work than I had  esteemed  it
at first. There are also different books of this
kind in Germany,  but I could  never  find
one there which could be put, on the side of
this, and  it is certain that this written in  good
German, will excite the very most attention,
both in Germany, and among many German
people who live in Philadelphia, New York,
Baltimore, Washington, etc., who cannot read
English.     Yours Very Humbly,
                     ADOLPH KLEIN.
             Philadelphia, Jan. 24, 18G6.
  I will wager " fifty thousand dollars, or ten
years  wages, of my labor, against ten cents,
that my small strictly private  book for  mar-
ried persons" on " the Secrets of Generation"
containing only  thirty-six pages, has more
valuable information and advice in  it, than
any book now in print in the world, of  one
thousand pages.   Who will take the wager,
1 am in earnest.
                      S. M. LANDIS,
              Cor.  13th § Girard Aienue.
  Here we have it again.   " The object of
Dr.  Landis' society is  the  improvement of
the human race."  1 perceive by  the   by,
that Charles Wagner is tne recording secre-
tary.   He was one of  the  witnesses   lor
the  defendant, and  then here  under  the
list of publications, I find this strictly  private
book on  the secrets of generation.  Every
body wants it, price one dollar, postage in-
cluded.   Everybody wants  it!   Everybody
wants, it! Everybody  wants it!   We  find
here also the advertisement which the lady
referred to when testifying of the  1st  Pro-
gressive Christian Church  of Philadelphia.
It is the  church gentlemen to which these
ladies belong.
  One column.  Strictly  private  book,  that
everybody wants " on the secrets  of genera-
tion." Alongside of it the advertisement of the
1st Progressive Christian Church of Phila-
delphia.
  Now gentlemen of the jury as I said to
you in my opening remarks, I do  not intend
to read what  I complain  of in this book, but
you must read it for yourselves.   When  you
have read it, I think you  will have no hesi-
tation or difficulty in saying, that this man is
guilty upon both counts of this indictment.
  The portions of the book to which I refer,
are found on pages 25, 26, 28, 29 and 30.
There may be some others, but it is hardly
worth while to point them out.

  Court adjourned to 10 A. M., Thursday. 
2T
SUC0JY3)  2)A2>&  TftOC~EI!I!3)IJVGS.
CLOSINC  ARGUMENT FOR THE DEFENCE
BY
DAMON IT.  KILGORE,  Esq.
 May it please tour Honor,
   Gentlemen  of the  Jury:—The  position
 which I occupy this morning, I would glad-
 ly yield to the fiiend who is my associate in
 this cause.  It is a matter of necessity, that I
 take the position of Senior Counsel.
   This is an important case.  It involves more
 than the good name, the fortune or liberty of
 any one man, no  matter  whether he  be a
 physician or a minister. It involves princi-
 ples.
   Never before, gentlemen, did I stand be-
 fore a  jury,  in behalf of  an  individual
 charged with  crime, so impressed  with  the
 magnitude of the questions involved in their
 verdict, as in the present case with one single
 exception.  That exception was my first case
 at the  Bar.    The defendant  was a poor,
 friendless, kind-hearted young man, charged
 with the murder of  his best  earthly friend.
 I knew very little of the mere forms of law,
 but in spite of the jeers of my brethren at the
 Bar, and the contumacious utterances of the
officers of this Court (spoken in  the presence
of the assembled multitude, and in the very
 ears of my own son,; for eight successive
days and nights, without sleep and almost
 without food,  I  did  all I could do to save
 that poor man's life.   My noble colleague
 [II. R.  Warriner, Esq.] and myself tried in
 vain to get the truth into  that jury  box.  I
 was satisfied  then, that  unless  the  truth
 would save George W. Winnemore's life, he
 could not be saved.
   Gentlemen, did I not believe that the truth
 would free this defendant I  would not ask
 you to acquit him.   I  love human liberty,
 but -I love the truth more.   The technicali-
 ties of the practice and forms of law, kept
 out what was vital to a true understanding
 of Winnemore's case.    The very air was
 heavy with the mutterings of  the multitude,
 eagerly demanding a victim, and  loud was
 their cry for vengeance.  Believing him in-
 nocent of the crime  charged,  we  entreated
 the District Attorney to  allow  those techni-
 calities to be overruled,  for the sake of hu-
 man life, and to choose  the substance rather
 than the mere forms of  law.   But the Dis-
 trict Attorney was incorrigible ; he snuffed
 the vengeance of the people  from afar, (I
 hope against the feelings of his better nature.)
 and insisted upon all the  forms.  He  kept
out the truth, and our client was convicted
and executed.   But  gentlemen, up  to this
hour there has  never been a word uttered, 
0
3
or a thought expressed in action, to convince
either of his counsel that he was not inno-
cent of the crime for which he suffered.
   I told William B.  Mann, District Attor-
ney at that  time,  that  the sceptre  of his
power would be taken and placed in other
hands.
   I hope the present District Attorney  will
profit by his example.   Jurors, in that case,
repented of their verdict and gladly prayed
a heartless Executive to spare his life.
   And now, is there in Philadelphia a man
so ignorant, or so blinded by prejudice,  that
he does not regret that that young man was
ever brought to  the  scaffold.  If there is
such a man I pity him  from  my  heart  of
hearts.
   One  week ago last  Sunday night,  as
Simon M. Landis was about to preach  the
gospel of truth, in the  name of Christ,  an
officer of the law, armed with a  warrant,
arrested him, took him to the Central  Sta-
tion and locked him  up in  a felon's cell.
   Doctor Landis, begged for an opportunity
to communicate with his family.  He asked
for a few minutes to go with the officer in or-
der to find bail, but this  was  denied him.
He was compelled,  without sufficient clo-
thing, with no fire, to remain till  Monday
in that cold, damp, filthy  cell.  Why was
this?   He  had been guilty of no  crime.
Why was he dragged from his pulpit  on
Sunday night and placed  in a loathsome
cell?   The District  Attorney  says  he  as-
sumes the responsibility of this prosecution.
   Does the District Attorney for the City and
County  of Philadelphia assume the responsi-
bility of  this arrest  and  what followed?
Dare he do it?   " Offences will come, but
woe unto that man by whom they come.  It
were better for him that a mill-stone were
hanged about his neck and he cast into the
depths of the sea  than to offend one of these
little ones."  On a former  occasion, Gentle-
men, when a certain one had been healing
the sick,  without drugs, and  saying hard
things against the popular  churches  of his
time, pronouncing a woe upon them in lan-
guage  quite as severe as any you  will find
in the '" Sharp-Shooter," the magistrate was
a little doubtful about the propriety of  pun-
ishing him to please the  popular religious
associations of that age, and in the pro>ence
of the Priests, Scribes and Pharasees, washed
his hands, saying, uIam innocent of the blood
of this just person, see ye to it."    And all the
people cried out " his blood be  on us and our
children."  Look at the terrible results of the
responsibility thus  assumed.   That persecu-
ting people and their descendants have been
scattered  throughout the  earth, oppressed
enslaved, degraded, persecuted  by all the
peoples of the earth.   Verily they have been
a by-word and a reproach among the nations.
From what I saw of the  Commonwealth's
witness upon the stand, I presume he is a
descendant of this same race of persecuting
people.   Has he not seen enough of persecu-
tion, or have the sufferings of his race failed
to purify his blood-thirsty nature from its an-
cient  longing  for a  victim ?  In this witness,
Gentlemen of the Jury,  the  only one the
Commonwealth could find,  I  see  treasured
the vices of seventy  generations, accumula-
ted through eighteen centuries.   Doctor Lan-
dis  has been preaching  and  practising (for
he practices what  he preaches) in this City
for  seventeen years.  Yet this is the  only
living witness  in the City  and County of
Philadelphia against  this defendant.
  This book which will  be placed in your
hands, as a witness against him, by the Com-
monwealth, was published in 1866.   Why
in the name of the man's liberty; of the pu-
rity of public morals and protection of socie-
ty, if this book is obscene, why did they not
commence this proseoution four years ago?
Why was it necessary to wait four  years,
and then arrest this man on Sunday, just as
he was about entering his pulpit to preach
the Gospel ?  This  book  was in the hands of
thousands of men and women of  Philadel-
phia.  If it was obscene, if it was calculated
to corrupt the morais of the community, why
did'nt they commence  this prosecution be-
fore ? Was it necessary, after they procured
the warrant, to put off his  arrest two days in
order to desecrate  the  Sabbath-a day set
apart for men to attend to  the education and
development  of their religious natures ? Ah !
Gentlemen, there is  something  in this case
that looks like religious persecution.   There
is something in this case deeper than what 
29
appears upon the surface, something back of
this  prosecution  which stamps this whole
business with injustice and dishonor.   And
it is because I  have been  unable  to bring
what is behind  the curtain forward, that I
am so exercised to day.
  I could stand here as calm as his Honor,
who sits upon the  Bench, and  although not
as beautiful, my face would be as free from
anxiety and care as  his, were  it not for the
fact I have been unable to bring before you
the whole truth of the case.
  I said it looked like persecution.   The wit-
ness they put upon  the stand, the only one
the able officers of the Commonwealth could
find, in a population of eight  hundred thou-
sand, testifies that he went  to the office of
Doctor  Landis  at the corner of Girard Ave-
nue and Thirteenth street, and purchased
"The Secrets  of Generation."   The Doc
tor did  not consider  him a  child, he thought
him old enough to use properly, this  infor.
mation  in regard to God's highest and holiest
law on  earth—the law of procreation.  This
man returns to those who  sent him, made a
complaint against the defendant, upon which
a warrant was issued, and instead of arrest-
ing this man, who is sapping  the very foun.
dation of purity and virtue in  this communi-
ty, if this  bill  of indictment is  true; this
Breneiser and  his wicked confederates wait
until the Sabbath.   Nay more, they wait till
the daylight disappears and the shades of
night come  on.   A  good man, if he  has
work to do, seeks a  proper time in which to
do it.   Such a man chooses the light of day,
while a wicked man prefers darkness because
his deeds are evil.   This model preserver of
purity  in Philadelphia, did not choose  day-
light, when the sun shone beautifully upon
the earth, lest the brightness of the sun would
be a terrible rebuke to  the  darkness of his
own evil* heart.
   He waits until Doctor Landis is about to
commence his religious services in order to
persecute this  Christian minister!
   Judas, got thirty pieces of  silver for  be-
traying Jesus of Nazareth.  How^much  did
this Breneiser  get for  the  betrayal of this
preacher of the same Gospel,  his  prototype
betrayed and his ancestors crucified.  I will
not speak of the avarice of this man's ances-
tors through all the Past; how every prayer
of Abraham, Isaac and Jacob was a prayer
for wealth ; for flocks and herds,  for  them-
selves, or for their sons.  They never asked
for intelligence  or  justice.   They  never
prayed God to bless their children with vir-
tue or purity, but their  prayer was  for  ter-
ritory, and flocks and herds to graze upon it.
I will not refer you toShylock who demand-
ed his ducats or  his  pound  of flesh.  But,
Gentlemen, where, since the time of Judas
Iscariot, was there ever a greater exhibition
of cupidity and treachery  than is  seen  in
the course pursued by  this only witness for
the Commonwealth.
   A minister of Christ betrayed for money!
But, I have been  told Doctor Landis is an
unpopular minister.   So was Christ and so
 were his apostles.  So have been the world's
redeemers and the world's saviours.   Each
generation crucifies, through ignorance and
prejudice,  the men who  are   their  best
friends, and who stand up  in  the face of
authority and tyranny to defend their  God
given and  sacred rights.
   But time brings ever its retribution.  The
people see their mistake and mourn in sack-
cloth and ashes, the cruel act, ignorance and
bigotry, caused them to commit.  The  mal-
igned, persecuted and banished  of one gen-
eration, become the heroes of the next.  Doc-
tor Landis is unpopular with  those  who
have riches acquired by oppressing the poor
—who have power in consequence of  fam-
ily, favoritism, wealth or blood.  They have
 not investigated for a lifetime the laws of
 God, and  fearlessly declared  them  to  the
 masses in order to prevent  disease,  misery
 and crime, as has this defendant, and there-
 fore do not understand the laws of  Nature
 as expressed in this little book.
   Human nature is the same through all the
 ages.  The same class in  the community
 that crucified Jesus and put his  apostles to'
death; that has persecuted reformers through
all time  in every nation ;  that same class of
men are crying aloud for the punishment and
imprisonment of my client.
   Gentlemen of the Jury what is  the tes-
timony before you ?
   Every  witness we called, who has  known 
30
this man intimately  for years, said his char-
acter for purity was good.  Some of them
said it was the  "best in the  world."   And
when one of the witnesses declared that this
book, which the District Attorney says is too
obscene to put on the records of  this Court,
had done her good, the District Attorney, for-
getting his high position, forgetting  that he
had the great Commonwealth of Pennsylva-
nia to back him, and therefore he could af-
ford to be generous,  aye, forgetting his man
hood,  undertook to browbeat and badger  that
witness.  He asked this woman  of educa-
tion and refinement, and of as  pure  and
exalted  a character as any  woman  in  the
District  Attorney's  acquaintance, by what
part of the book she had been  benefited.   She
replied  "by all parts."  That woman  has
been a sufferer by disease,  and  her spirit
has been so purified by suffering, that  she
can appreciate the  teachings of  that little
book.   But I  cannot appreciate the forget-
fulness  of the  Commonwealth's  officer, or
the inexplicable meanness of any man who
would undertake to insult or badger such a
witness  while on  the stand.   Gentlemen
had that  Reporter  for "The Press" who
said that lady gave  her testimony  without
her "h's," followed the teaching  of Doctor
Landis, his brain would not  have  been so
filled with the fumes of bad whiskey  and
worse tobacco, as to have penned so mean a
slur.  If the  Commonwealth's  officer  will
find an individual  of respectable  standing
in Philadelphia, whose word is fit to be re-
ceived in a Court of Justice, who will  tes-
tify they ever  heard from  this defendant
one impure or obscene word, or  who  ever
knew him to perform an obscene  or  im-
moral act, I  will  abandon  this case  and
 join with the District Attorney in  askin"
you to convict.   He cannot do it.
   The  Book-Keeper—Not   one   of those
painted butterflies,  who crowd Chestnut
street in  Grecian   Bends and  high-heeled
boots; their soft hands loaded with diamond
rings, whilst  their softer heads scoff at God's
holy law of maternity; but a young woman
of education, who works for her living as
all young women should; an honest, indus-
 trious,  pure-minded,  God-loving  woman,
 who would be a prize to the best man in
Philadelphia could he secure her love ;  that
young  woman said on  the  witness stand,
there was no man on earth whose character
for purity surpassed that of Doctor Landis."
  That is the opinion of  one  who  has for
five years had charge of the Doctor's Books
and who had a good  opportunity to learn
the real truth  respecting this  man's  charac-
ter.
  If the District Attorney does not object, I
will  say to you what this defendant's wife
told me the day after his arrest.   She  said
to me that although the Doctor was  impul-
sive and sometimes imprudent, and who of
us are not? there was no purer man living
on this planet than  he.  There  was no
kinder or truer husband in the wide wide
world, no kinder father than Doctor  Landis
She knew his character  for  purity better
than any  other human  being.  She  under
stood his  motives in writing and  publishing
this little book.  His motives she said were
pure and holy.
  This is the  statement of the  defendant's
wife.  Mrs Landis is one of the  most  tal-
ented and noble  women of Philadelphia.
I say women, because I love the name.  My
mother was a woman, and at an early  age
I followed her dear form  to  the grave—a
grave on the  hill  side that  looks  out on
Mount Washington  and the clear waters of
the Saco, that flows at its  base, in  the  Old
Granite State.   I often think of that  mother
of her  sweet voice of prayer,  and of those
beautiful lines of Cowper, which  I  always
repeated as I passed by her grave.
"My mother when I learned that thou wast
       dead,
"Say was't thou  conscious of  the  tears
       I  shed ;
"Hovered thy spirit o'er thy sorrowing son,
"Who  scarce life's journey had just  begun,
"I heard the bell tolled on thy burial day,
"I saw the hearse that bore thee slow away
"And turning from  my  nursery's window
       drew
"A long, long sigh and wept a last adieu."
   Her spirit still lives, and from  her spirit
home she encourages me to toil on in behalf
of truth.   She tells me never to uphold the
wrong for all the money clients can  bring__
but to stand by the right, come  poverty or 
31
shame.   I have never uttered one word to a
jury I did not believe, and God helping me,
I never will.
   This book, they call obscene,  was pub-
lished in 1866.  It was published to prevent
diseases of women which  were  caused by
ignorance or brutality on the part of their
husbands.   Doctor Landis had an extensive
practice, from which he learned  the  causes'
of disease and suffering, and  being  unable
to give  to all who needed,  the  proper in-
struction in his  lectures, he  published this
book, for the  purpose of  preventing those
diseases and alleviating those sufferings.
   The  book speaks for itself.  If you will
turn, Gentlemen of  the  Jury,  to  the title
page yon will find that this is "A Strictly
 Private  Book for   Married  Persons, on
The Secrets  of  Generation."   On  the
 same page  you find  the following—"This
 Book must  not  lie  about the  House,  but
every Male and Female should read  it."
   I assure you Gentlemen there never was
 a title  page placed in any book where the
 intention was more clearly apparent to have
 it truly  represent  the book  than this.  He
 put the price at one dollar, for the very pur-
 pose of keeping it out of the hands of child-
 ren.
    The District Attorney thought the caution
 not to let the book lie about the  house,  was
 put  there  because   Doctor  Landis  lacked
 faith in his book, and when  he  said "every
 male and female should read it" it was sim-
 ply an effort to sell  the  book.  Gentlemen
 the District Attorney is mistaken.  The Doc-
 tor meant  simply and  only this—that the
 book should not fall into the hands  of chil-
 dren, who  are unprepared by their years to
 look into these subjects, as they  would be
 likely to, if it were left carelessly lyingabout
 the house.      x
    He meant that every adult person of either
 sex should read and  understand the laws of
 God as explained in  the book.
    In the  address to the reader, on page 8,
 the Doctor says—"The Author does not believe
 in making '■vain repetitions' or long prayers—
 when   a shorter  course  answers as  well  or
 belter."
    On page 5, he says—"To the honest and
 " pure-minded individual who labors to love,
" and to be loved ;  moreover  to  be happy,
" always endeavoring to make earth heaven-
•' ly. there can be no subject  more interest-
" ing and sublime,  than  the laws of genera-
'• tion ;  and in fact everything that is connect-
" ed with the origin of human life."
  Gentlemen, would to  heaven  you could
view that in the same   light  I  view it, and
feel it as I  feel it.   If there is anything that
will reform society, if the race of criminals
of Bedford  and St.  Mary's Streets, who live
and fester  in their  crimes, threatening the
liberty and lives of the  people in this great
city, is to become extinct, it will be through
a proper knowledge of and obedience to these
laws of God in Generation.   Crime begets
crime.  Tobacco-chewing, whiskey drinking
parents can no more generate a healthy and
pure-minded son or daughter, than  you can
make oil and water mix without any chemi-
cal change in either.
   The sins of the fathers are visited upon
the children of the third and fourth genera-
 tions.
   Gentlemen, it is a law of nature  that like
 begets like.   Where the parents indulge in
 lustful passion at the moment of  conception
 the child will have a corresponding organi.
 zation.  You  cannot gather grapes of thorns
 nor figs from  thistles.
   You cannot have healthy, beautiful, moral,
 high-minded, parent-loving and  God-honor-
 ing children,  until both  parents understand
 and obey these laws of  God  injthe highes
 and holiest functions of the organs of genera.
 tion.
    When this  is done your criminals will be
 no more.  Your criminal code—now so bad
                                         j
 will not be needed, and such poor wretches
 as are now eking  out a miserable existence)
 in alms-houses, hospitals, prisons and  peni.
 tentiaries all over  the land will be unknown.
 Houses of prostitution  will become  extinct,
 intemperance will ce*ase, and men will walk
 the earth erect and free, reflecting God's im-
 age in the light of day.
    These laws of nature apply  to animals as
 well as man.  The Patriarch Jacob  under-
 stood this  law when he  placed the peeled
 rods of green poplar, and of the  hazel and
 chestnnt-tree, before  the flocks  that they
 might  conceive   before the rods when they
 came to drink. 
32
  He used the rods only with  the stronger
cattle, and the result was, all the healthy an-
imals were rings-treaked, speckled and spot-
ted, and by his shrewd bargain with Laban,
became his property.
  They did not allow me to bring in the tes-
timony of men of science upon this most im-
portant  point.   We  brought here  nineteen
educated men, who  have  made  these laws
their study—some of whom were practising
physicians, others, professors  in colleges,  in
order to prove that  the  directions  given  in
this book were of the highest importance to
mankind ;—that they were  strictly in accord_
ance with the laws of nature ; that  the in.
formation would tend to bless  and  elevate
rather than to demoralize Society ; that the
book was neither a libel nor  in any way ob
scene, but  Gentlemen, we  were not permit-
ted to prove one of these facts.
  On page 5 of this book, "Secrets of Gen-
eration," the Doctor says.—
  " It is the custom of the  human family to
" understand how to cultivate the soil for gen-
" erating  healthful,  beautiful,  and  perfect
" grains ; trees; fruits; shrub.bery,  etc. There
" are  men who examine thesoil4  plow, har-
" row, manure, and prepare it;  ere the seed
" is planted in it; whilst proper seasons are
"chosen for planting that seed, in  a scientific
" manner, and in the right  time of the year.
" It is  so with  the domestic  brute creation,
" seasons are chosen to generate certain  spe-
" cies of beings, whilst others of less impor-
" tance  give no attention to season.
  " What a pity, that the  generation of hu-
" man souls—whose bodies should be made
" in God's blessed image-cannot be regarded,
" revered, studied, and its laws carelully, ob-
served, especially,  since man is of greater
" importance  than  brutes, or piants,  and
" grains.
  '• It is written  that  there  is a  time  and
" season for every thing.  Yea, and there are
" two, and only two, seasons in the year  in
" which human souls should  be generated, if
" talented, beautiful, and godly children are
" desired.
  " There are then, again certain periods in
" those  seasons which  should and  must be
" observed, if God s image  is to be stamped
" upon the generations to come ! God  knows
" if the  evil-minded world  honor,  revere and
" obey these  natural laws  of  Jehovah, the
" result would be as scientifically useful and
" apparent in the young and lovely offspring,
"as it is in heeding the laws of agriculture,
'• horticulture, and the culture of  horses, cat-
tt tie, and the like.   But society is  so artificial
" and vile that God and nature are considered
'' vulgar teachers.''
  " \v henever any thing is generated  there
" must also be a soil, or something similar to
" the earth's soil, wherein the seed mu?t bo
"planted, and this planting phenomenon .must
" be performed  in a natural  manner.   Irra'
;' tioual animals, which  are  not  doinesina-
'• ted, are  led by instinct.  But human beings,
" who are educated, not in accordance with
" the  laws of either  common sense, nature,
"or an undefiled spiritual monitor; but who
" are erroneously,  artificially, and  often in-
"temperately,  gluttonously,  and sensually
" trained in the schools of the bogusly  scien-
" tihc fashions of an  ungodly and ungraceful
" people;  therefore, they have no natural iu-
" tuitive powers whereby to conceive, how
" to prepare the soil, in which human souls
" are generated, (which soil  is woman,) nor
"have they wisdom inwrought to complete
" the  planting  phenomenon  according to
" God's divine Physiological  laws."
  " Let me again repeat, that no man can im-
" prove upon God and Nature.  It would bo
" blasphemy to presume such a thing!''
  "Again, after the offspring is oncegenera-
" ted, then comes the most important time to
" cultivate the human  soil, that the  embryo
"may grow into  a fully developed   being,
" thereby  escaping deformity, idiocy, and nn-
" merous other delects, which can  be pre-
" vented by a full knowledge of the laws of
" generation  of human bodies and   souls;
" which,   the  ignorant, prejudiced and evil-
-minded  monsters in assumed human shape,
" blame upon the Creator who made man ori-
" nally, and still wants humanity to be made,
" and kept, in  His image, that His bon, Jesus
" Christ,  would be accepted as the Mediator
•' for, and Redeemer of mankind."
  Is that  the utterance of a man who pub-
lishes obscene libels for  the sake of corrupting
the public morals ?
  On page 6,1 read  as follows :—
  " There are, moreover, other points to be
" discussed before the  "becrets of Genera-
" tion, can be made useful, and  before pris-
" tine beauty can exist, and Jove be made the
■' the ruling and controlling power of the hu-
 1 man family.   I refer to courtship, marriage,
"and the  first sexual intercourse.
  "In the first place, courtship, at this artifi-
cial and bogus age of fashion and folly, is
" looked upon, both by saint  and sinner, as a
K frivolous and  childish  transaction,  which
" shonld not claim the serious consideration
" of the Clergy and Doctors of Pjysic.   Both
" Church  and State have  turned this serious
'•and  vital  business  matter into reckless
;; merchandise;  or entrust it to the perverse
" passions of the giddy young, who are inex-
" perienced in file's  great battle, for them to
"follow their impulses of perverted propen-
" sities, and negotiate and bargain their entire 
33
 "beauty, health, and happiness  away in  a
 " fit offrenzy, when  the priest  in  saintly
 "'harness' (as Bishop Alonzo Potter calls it)
 "pronounces the solemn  ordinance and ben-
 " ediction,%'what God has joined together;
 " let no man put  asunder.'  The priest or
 " clergyman at the same  time  knowing that
 " God did not join them together ; but it was
 " unrestrained passion and reckless bargain-
 ing, or probably getting married for money
 "or position; therefore God did not join them
 " together, but the priest did it foe a few dol-
 •■ lars.   Where God joins two souls together,
 " there love must be the  motive power, for
 "all true "matches are made in heaven," in
 "other words, in happiness; and this happi-
 '  ness or heaven  can only  be attained by
 '■ heeding all of Jehovah's lawsof Jif'e. health,
 "and His rules of generation and  love of off-
 i' spring."
   " Marriages are thus made by men and
 " women of false education and diseased ap-
 '• petite, and confirmed by the traditions of
 " men ; and the true motives and sound laws
 " of connubial affection, and the enjoyment of
 " legitimate marriage intercourse  are looked
 "upon  as beneath the serious consideration
 "of men  and women of our enlightened
 " though  sinful generation ;  and  the angels
 " in heaven must  weep at the imbecility of
 " human bodies and souls. AH weaknessand
 '■ failures in life might readily to be avoided,
 "and true joy attained by every  living soul,
 " if Courtship and Marriage  were only per-
 " formed  with the holy and intended motive
 " ot generating beautiful, healthful, and godly
 "offspring, the generation of which  would
 " promote the pleasures of the true connubial
 '• state a thousand times more than at present,
 " and  the fashionable, useless,  and  sinful
 '• Womb-Complaints, etc., so  prevalent  and
 " ruinous to every natural  grace  and  godly
 " enjoyment of women would be entirely
 '• unknown : and men would not be dwarfs,
 '• and little-minded tobacco and rum sots, and
 " playthings for the fashionable and very fas-
 '• tidious ladies to flirt with."
   Beginning on page 9, I quote as follows:
   " Physiology, common   sense,  and   God,
 " tr-ach  that  we being creatures of reason,
 'should learn all the laws concerned in gen-
 " crating talented and beautiful offspring,and
 '■ rather than make sickly babies make none
 '•at all.   No one has a  right to generate
 " more children than the mother can bear in
 • her womb and nourish at her own breast,
 " or more than they can  afford to raise and
 "train them up in the way they should go."
'• But it seems the object of sexual connection
" is overlooked and forgotten by saint and
'sinner; and insteadof holding these organs
'• most sacred, they make  playthings out of
" them  from the hardness of their hearts and
"rottenness of their blood, and  from the fact |
 " that they are  slaves to their "propensities,
 " which are slow to heed the teaching of wis-
 " dom."
   " The man being the head  of the family
 " should always learn what is his duty and
 " privilege to learn, and obey all the laws of
 "godly  generation to the  best advantage.
 " But the way men are reared and educated,
 " it seems that every thing else is studied ex-
 cept how to be graceful, gentle  and wise
 " in these matters.   The man mistakes  his
 " manhood  when  he thinks woman was
 " made to gratify his perverted passions, but
 " when he learns that all the human organs
 " were make for use, and that over or under
 " use is  injurious and sinful, he will be re-
 '• minded that to know how  to use them in
 "a proper  manner, requires first a knowl-
 edge of dieir construction and functions."
   " It  is the  man's business to look to his
 " spouse, that she be healthy before he gene-
 "rates offspring;  but men do not care much
 " about these things—just so they have plen-
 " ty to gratify their perverted amorosity—this
 " is a great sin and shameful outrage upon the
 " loving and  refined sex;—God  grant that
 " men may learn to think  and act like men
 "and not worse than  brutes!"
   " I  most earnestly implore the human fam-
 " ily to give this subject  religious  and deep
 " thought, so  that our children, grand and
 "great-grand children, may reap the  reward
 "of our labors and lives!"
   Such, Gentlemen of the jury, is the lan-
 guage of a man, the District  Attorney would
 brand as a corruptor of public morals-a pub-
 lisher of malicious libel for purposes of gain!
   Can yon for a moment believe these words
 were written to demoralize society;—to ex-
 cite lewd passions and create wicked desires?

   Shame burn that man's cheek, who im-
 pugns the motive of the man who dare  de-
 clare such wholesome truth.
   The language may not have been selected
 with the utmost skill—some words may  be
 objectionable, and perhaps  some sentences
 might better have been left out—but they
 all combined  are  unmistakeable  evidence
 of the purity of the author's motive, whatever
 may be said of his choice of words.

  Gentlemen—I now come to the  question
of obscenity.   The  District   Attorney  has
abandoned all  parts  of  this book,  except
pages 21,22,25, and 28.

  Mr.  Gibbons.—Page 22 is what  I  partic-
ularly called  the attention of  the  Jury  to
and page 23. 
34
  Mr. Kilgorb.—What is  there on  page !
23 ?   If I had time I would read the whole
book.  It is not because I do not endorse
its teaching, for I believe every word  of  it.
Every minister ought  to  preach  the  same
truths at least once every month.
  A minister according to  Doctor  Landis'
definition is "A person who teaches and ad-
ministers the laws of life and health, and icho
supplies real and only the real wants of the
human body  and soul."  Ministers  of the
Gospel—should be simply ministers of truth,
who follow the example of Jesus  in  curing
diseases of the body and  mind, teaching
them that the holy (or whole) ghost can not
enter into sickly and diseased bodies,  for
the reason  there is so much corruption and
impurity that there is not sufficient room
for the holy (or whole) spirit to dwell in.
   The old  Prophets did not think it  obscene
to teach the people in r6gard to their organs
of generation—their functions and  how  to
avoid the evils of misuse.  Christ and  his
Apostles taught the same doctrines as has
Doctor Landis in  his book.  Indeed   all
through the Bible this subject is  treated  of
according to the enlightenment of that age,
and Doctor Landis  is  only following their
example.   If there is any one subject upon
which the  people need light more than upon
all others, it is the very subject treated of in
this little book under the head  "How and
WHEN TO GENERATE HEALTHY  AND TALENTED
BABIES !"
   Why, gentlemen, look at the one hundred
and twenty five murderers in Philadelphia
during the last year.   I  saw ten of them
in that dock  arraigned at  the same hour,
together not two months ago!
   Look at  the thousands of  criminals, that
crowd your docks, and prisons and peniten-
tiaries, convicted of crimes of lesser grade.
   Look at   your  tens of thousands of
drunkards reeling through your  streets  or
daily crowding your station houses—mak-
ing home,  a hell, property and life  unsafe,
and bringing famine, suffering and  misery
upon their families!   Where does all  this
 woe begin?   It begins in generation.  The
 intemperate father stamps   his  vice upon
 his child.  Criminals are born with natural
 tendencies to  sin.  The condition of  the
parents in the moment of the union  of the
male and female elements has much  to  do
in shaping the destiny of  the new  being,
for weal or  woe through  all  the  future.
The part of this chapter complained  of  as
being "too obscene to spread upon the rec-
ords of this court" gives instruction how to
make  these  conditions  such as to  give
health,  beauty  and  life  to the  child—to
make it reflect God's image, in  intelligence
and  virtue,  instead  of  being filled  with
disease, and suffering and death.  This  is
obscene  says the District  Attorney.   Why
don't  he turn his attention  to  those who
make it their business to  destroy  the life
of the new being before  it has   ever seen
the light of day  ?
   Why  don't this  purity  protecting, and
society loving witness complain  of the  ab-
ortionists in this city, who get rich by mur
dering children  while yet in th"eir mothers
womb?  Hundreds of them, with and with-
out Diplomas, live and thrive in Philadel-
phia to day.   The authorities know them,
this witness knows them.   Why,  gentlemen
the coroner's Physician  told me not long
ago the reason abortionists were  not  prose-
cuted was because  they  could not  convict
them ; and the reason they could not get  a
conviction  was,  so  many  of the men  in
Philadelphia advised and urged their wives
to do the same damnable  work.  Abortion
is popular.   Foeticide is so common as to go
unrebuked, even by the ministers!  Gentle-
men, Doctor Landis says that "abortions  are
ruinous"—"never allow a  miscarriage to be
produced under any pretext, if the mothers
 life is not endangered."   He nobly  warns
the people of the terrible  consequences of
this sin.  And I tell  you every one of these
innocents,  will  live  in   the  spirit  world.
The union of the two elements   male and
 female, as I before  remarked, commenced
 the  life of the   new being, generated  a
 human  soul, and whether  its   life   is  de-
 stroyed  by Physicians or its parents  it will
 be a swift witness against  its murderer in
 the life to come. No wonder this  book  is
 obscene'xo those  who uphold these worse
 than heathen  practices.  To  the pure all
 things are pure" says the  apostle.
1   How to generate children, so that they 
35
shall be healthy, talented and  pure  is the l
acme  of purity and the  most  important
knowledge that can come to man.
  Why, Gentlemen, we  sit  here from day
to day  and  listen  to people,  who, having
taken  a solemn obligation to  speak the
truth, for  a  few paltry  dollars,  or to turn
justice aside,  deliberately  lie.  Our  public
men. with a  very few exceptions in order to
become rich, or acquire position do not hesi-
tate to do the same thing.  Why  is lying  so
common and truth  so rare?  It  is because
men are badly born.   And  after they are
born their fathers and mothers teach them
that they come from the doctor's saddle bags
the turnip  patch or carrot bed, instead of
teaching them the truth.   Parents thus teach
their children lies, and   they only practice
this teaching  as they grow  older.  That is
the reason we have so many liars to-day.
  Court.—Part of that may be true.   They
may come from the carrot field  and  potato
patch first.
  Mr. Kilgore.—I  agree with your Honor.
But I see in that remark evidence of scientif-
ic acquirement, I did not suppose a man of
your great legal attainments ever had time
to make.
  The District Attorney  calls  my attention
to the last paragraph on  page twenty-two:
  "These are the true measures  for  raising
"children, and he and she who are not wil-
" ling to observe God s unchangeable laws,
;l had much better have no babies at all; yea,
" they should  not get married.  But, as soci-
;' ety  runs at present,  our reformed and
" sound physiological doctrines will  not  be
•'relished, and therefore  will not  be put into
•' practice.    Hence, we  say, learn how  to
" prevent generating offspring,  which is less
' sinful and more philosophical and Christian
" than to bring crippled, puny,  miserable,
•' scrofulous  and debauched children into
'• the  world,  who are neither  loved nor re-
" spected by  the parents  who are 60 fond  of
" sexual pleasures ;  nor who are not lovable,
" because God's image is not stamped upon
" sickly and half-formed  human bodies! "
  " Taking, therefore, the evil circumstances
" into consideration,  we should  try and make
" the best of life, and hasten to improve the
" humanr ace, and   abolish  all  unfavorable
"circumstances, and substitute  physiological
"and  Christian conditions. "
  " The  parents have no right to  generate
"offspring when their circumstances are un-
" favorable—therefore let  them  either  ab-
I " stain from  sexual intercourse,  or learn to
I "prevent  generating babies until such  time
 " when their circumstances are physiological.
 " In this manner a smaller quantity but better
 " quality of children will be born ; and thn.-e
 " then born will live to old age, if all thinirs
 "are  equally healthful,  and  pass  gently
 " through life;  loving 'God  with all  iheir
 " hearts, minds, souls, and  strength, and tin.r
 " neighbors as themselves  !' and die, finally,
 " in the natural decay of all things, blessing
 " and blessed !  Oh, what an Eden this Earth
 " could be made if the people  were  oily
 '• willing to  lay aside their prejudices, and
 " learn and live out all the physical and spi-
 " ritual laws  of our  good  Creator!  Awake,
 "then, Oman! and  do your  duty to  ymir
 " wife and children.   And wife, be not slow
 " in appreciating  the goodness of true  Ims-
 " bands, who are  willing  to curb their ani-
 "mal passions for the sake of you and your
 " child s  health and pristine beauty. "
   Anything  obscene in  that ?   I  endorse
 every word  of  it.  It is obscene only to de-
 pravedand diseased minds.   No pure man :
 no  pure woman with ordinary  intelligence
 can  read that without honoring the  man
 who utters it.  I thank you, Doctor,  now.
 In the name of diseased women and  sickly
 children,  I thank  you for that noble  utter-
 ance.
   What is the next page  to which the Dis-
 trict Attorney objects?
   Mr. Gibbons.—Page twenty-five.
   Mr. Kilgore.—Now, gentlemen, I  have
 come to the gistof the Commonwealth's case
 on page  twenty five.  There  is nothing on
 that page or the next that  is in  the slightest
 degree obscene to a  pure mind.
   The ideas expressed are true, and in per.
 feet  accordance  with  natural  law.  The
 ideas  are better  and the  language  more
 chaste than are many  passages in Byron,
 Shakespeare, Shelley, and a vast number of
 medical works, sold  to anybody who has the
 money to pay for them.
   If the  officers of the Commonwealth, pro-
 pose to put Doctor Landis  in prison for these
 expressions  let  them go to  your Honor's own
 library  and  take  out  Shakespeare, whose
 wonderful dramas delight Philadelphia au-
 diences,  every night for  eight  successive
 weeks, to which the venerable District At-
 torney has often listened attentively.  Then
 let  them  extinguish what Mrs. Stowe  has
 left of Byron,  who  ' touched his harp and 
36
nations heard entranced."  There  is  noth-
ing in the "secrets of  generation"  which
can compare with Don Juan.
  Yet these are purely  literary  works  not
like this book complained of which is pure-
ly a medical one.  The  District  Attorney
sneered at  the Doctor's Diploma, which he
received at  a regular  medical  College in
this City, and took pains to  correct himself
when he  said  "Doctor"  by  calling   him
"Mr. Landis."
   Mr. Gibbons.—1 beg pardon for dropping
the Doctor's title.
   Mr. Kilgore.—I forgive  you, brother, I
thought it intentional but  I  never  strike a
man who is down.  Titles  amount to  very
little, but we should  give  every  man  his
due.   We  could show  another  diploma
Doctor  Landis  received, as  evidence of
high attainments in the Medical profession.
His book therefore, is a  medical  book—
written  by  a  medical man upon a  physi-
ological subject.
   Now, Gentlemen,  I  presume  the  only
 word  on page  twenty-five which can be
 objected to  is the word ''heating.''   Had the
 Doctor used the word "exciting," they would
 not have dared to say  one one word against
 it,  for we have  a stack of books here  in
 which we will show  these gentlemen  the
 same thoughts expressed by the  word  ex-
 citing.   Doctor Landis uses the word  heat-
 ing in speaking of man, precisely as it is used
 when applied to animals.  Man is  an an-
 imal.   Heating  is an Anglo-Saxon  word
 while exciting is derived  from the Latin.
    Doctor Landis used plain  Saxon  words,
 which, though  not as  euphonious as the
 Greek, nor as symetrical as the Latin,  are
 more vigorous and powerful than both,  and
 which go directly to  the  soul of  things.
 Di-coveries in   Science  within  the   last
 eighteen months show  that  heat  is  the
 cause of all motion, whether  it  be the cir-
 culation of the sap in plants or crystalization
 in minerals.  It is the basic principle in that
  law by which the planets  move, and suns
 and systems revolve  in space.  It is the
  most scientific word to use in  reference to
  that divine act  in which  all the muscles,
  brain and  nervous fluids join to generate a
  human soul.  A soul, Gentlemen,  destined
to devolope through  future  years on earth
till  emancipated  from  its dusty  elements
it is free to  travel  through all the starry
realtns in God's illimitable kingdom.  And
yet they object  to  this  word  and  call  it
obscene!  Gentlemen, Doctor Landis knew
that mankind were being destroyed through
ignorance of natural  laws.  On  the  next
page in this book, you will find  he gives
instruction, respecting  the  conditions  ne-
cessary  to the  proper  generation  of  an
immortal soul.
  Why, Gentlemen, only yesterday a minis-
ter came into my office and related to me a
case where a young and beautiful  wife was
ruined by the husband, through  his ignor-
ance of the proper conditions for the  proper
consummation of marriage.
   It would be improper for  me, to even tell
you what we were prepared  to  prove  by
those physicians, whose testimony the Com
monweatth did not dare to have you hear.
You would be  astonished, Gentlemen at the
number of pale, sickly, nervous and suffering
women, who have been  made such by their
passionate husbands, ignorant  of the  very
laws they constantly violate.
   Nay, more ; not only are myriads  of wo-
men  rendered  wretched by this  cause, but
diseased and puny children are generated—
whose lives are full of misery.
   Doctor Landis has had an extensive prac-
tice, from which he decided that the great-
est good he could do for humanity,  was  to
give  them an understanding of these  laws
of God.  The truth is not obscene.  Nature's
 laws are not obscene and the man who  un-
 derstands and  teaches them, is a  benefactor
 to  mankind.  The  becrets of  Generation
 should be understood by every parent, and
 those about to resume the  responsibility  of
 parentage.   We have proved to you that Dr.
 Landis did not allow this book to be sold by
 agents—but that it was sold only in  his own
 office to persons of mature age.  If the Com-
 monwealth will produce a single  instance
 of its being sold to any child of either sex, un-
 less  that child came with an order from the
 parent, I will  abandon this cause.
    As  the Commonwealth did not allow
 us to prove  by  medical  gentlemen  that
 this   book  is  not  obscene, we  can  only 
37
compare this  work  with  others  against
which no charge  of obscenity is brought.
The public sense of morality and propriety
on  this subject must  decide  the  question
whether this book is obscene.
  I  hold  in  my  hand  a  medical  work
which was bought  at  public auction  in
this city, filled  with  illustrations  of  the
genital organs of  both  sexes.  Why  does
not the District  Attorney prosecute  those
who sell works of this kind in which  the
use  of these organs  is fully illustrated  by
plates?  No one  will  deny  that   "The
Secrets  of Generation"  is  harmless  in
the hands of children compared  with illus-
trations like these.  Yet  these are medical
works, and  as such are  protected by law.
I do not  object  to  these  books because
they acquaint human beings with  their
own organism, and thus qualify  them  to
take care of  and use  properly all  the
members of the body.   In  the dark ages,
when a few priests monopolized all human
knowledge, worked  pretended   miracles
and in consequence of the  general   ignor-
ance of natural  laws, imposed  upon  the
credulity of the  people,  this  information
would have been  suppressed.  But to day,
knowledge  is the birthright  of all  the
people,  and whatever  tends to  elevate
and bless humanity,  they have a right  to
know.  A knowledge of the proper use of
the organs of generation does this, and  there-
fore should be within their reach.
  More than twenty years ago  I  struggled
long and hard to  get  the  Legislature  of
Massachusetts to adopt Physiology  as one
of the text books  in  the   Public  Schools
of that state.  The only argument  urged
against it was that it would  be  improper
or obscene to teach Physiology to children
in the schools.
  But,  Gentlemen,  to   day  not  only  is
Physiology taught in  the  schools  of all
grades in Massachusetts and New England,
but it is taught in all the  advanced  schools
of the Union.
  Gentlemen,  less than two centuries ago
Massachusetts persecuted Quakers  on  ac-
count of their religion, and executed  sensi-
tive persons, accused of being  witches.
And I remember, if your Honor please, how
the Judge who had presided at these  trials)
afterwards stood up in the church  and  im-
plored  the  prayers  of the  congregation
"that the errors he  had  committed^  might
not be visited by the judgements  of an
avenging God,  on his country,  his  family
or himself."   And years  later when he
came down to his grave, in  his  diary was
found, on the margin of the record  of  these
trials, vae, vae, vae,  meaning  woe!  woe!
woe!
  Greatly to my surprise, the District  Attor-
ney, has gone back almost  to  that  Quaker
persecuting, witch hanging Massachusetts,
not the Massachusetts of to  day  which  we
all revere and  love, to  the  Seventeenth
Report for the exact  language of this Bill of
Indictment
  I call the attention of the Jury to tho fact
that he did not dare to bring an  indictment
against Doctor Landis, in  the  language of
modern reports.   You had better not have
done that  my  brother.   After  having
searched through  the criminal proceedure
of Europe and of  this country in  vain, to
find language, for the  indictment  against
this defendant, you had  better have  aban-
doned the case and followed the higher and
nobler impulse of that great manly heart
  There may be one other  word, on  page
twenty six, to which the District Attorney
objects.   Doctor Landis has  used the  word
"conductor"  instead  of  the  Latin  word
generally used in  other medical works.  He
is an original  man, and  has  used a word
which signifies the natural use of the  organ
itself.  He  gives  information on this  page
that  many husbands need.   Young  men
about to be married, if they are as pure and
virtuous as thoy desire  their wives to be,
need this information. No pure minded man
or woman, who desires to obey God's laws,
as written in their own being,  can  be de-
moralized or  injured   by  the  instruction
given.   We have here physicians who have
made these  laws of  Physiology  and  Hy-
giene the  study  of  their  lives, but the
Commonwealth will  not  allow  them to
give their testimony that this book  is not
obscene.  As many of these  physicians are
now listening to  my voice.   I challenge 
38
 the District Attorney to allow one of them
 to  testify  as  to  the   obscenity   of this
 book.   He dare  not do it.   Consequently,
 you are  to judge, without  any proof from
 medical men, whether  this medical book is
 obscene.   If the District Attorney will prove
 to you that this is  not  a scientific, medical
 work, that its teachings  are not true, in  every
 particular, both in matter and manner, 1 will
 abandon the case.
   You must remember, Gentlemen, that this
 book is a strictly private  book for married per-
 sons.   What might be very improper to put
 into the hands of children, would be very
 appropriate for married persons.
   With this in mind, you are to  test  this
 book by the general sentiment of the  com-
 munity, and age in which  you live,  in ref-
 erence to obscenity in publications.
  In three Philadelphia Sunday papers of
 this week, I find medicines advertized for
 the purpose of producing abortion, yet these
 papers go into  the family  circle, children
 read them.
  Court.—If you  show twenty improper
 publications it will be no excuse in this case.
  Mr.  Kilgore—No doubt, your Honor, that
 is correct.  But the question is whether this
 book of Doctor Landis is obscene.  As we
 have not been allowed to prove  by experts
 that it is not an  obscene book, I propose to
 take the only course left me, namely, to show
 that the public sentiment of this age not only
 tolerates  medical works much more objec-
 tionable than this, but that society tolerates
 many purely  literary   publications  much
 worse than  anything contained  in the Se-
crets of Generation.
  If I show  books in every library,  every
 school, every church, and every family, nay,
in   the hands of every  child, that contain
 matter more objectionable than anything in
this book ;  that the sentiment of this age, not
 the dark ages of the past, or the  time
of  the  Seventeenth  Massachusetts   Re-
port, allows the free circulation of  books
more calculated to arouse  the animal pas-
sions, and  create lewd  thoughts, than any-
thing this book contains, then it will be the
duty of this jury to say, that this book is not
a libel, or obscene under the statute.
   There is a book, gentlemen, which the law
calls obscene ;  I sent and purchased it since
this case was commenced.  It was bought
at a bookstore on one of the principal Streets
of Philadelphia, in an aristocratic part of the
city, next door to a church, not  far from your
Honor's home.   That book,  filled  with  ob-
scene plates, is a base libel, a miserable, ob-
scene publication which I call upon the Dis-
trict Attorney to suppress.   I am told  there
are more  than twenty places  in  this city
where such books are sold, four of them on
Chestnut street.   This book was written, not
to benefit mankind, but to inflame the pas-
sions.  It is written and illustrated in  the
most amorous and  lustful style  possible,  for
purposes of gain.
   It is sold, not to married persons only,  but
indiscriminately to  young men and boys
whose diseased and morbid natures crave
such loathesome filth.  I hope the District
Attorney  will pay strict attention to those
who publish and sell such vile trash, instead
of arresting  ministers of  the  gospel, who
preach truth for humanity's sake without
money and without price.
   And here, gentlemen, I am reminded ofa
question  tha District Attorney asked one of
our witnesses which particularly shocked me.
It the hardest thing for  me to forget, the  un
kindest cut  of  all.   He asked her if  the
church of which Dr. Landis is  pastor, was
not a " Free Love church. "
   Mr. Gibbons —I asked that of a man.
   Mr.  Kilgore.—Well, it was  not quite so
bad as I supposed.  He  asked him if  his
church was not a Free Love church.  I will
answer him. If it is a Christian  Church  it is
a  Free Love Church.  Its  members love
the truth ; love each other  and  all mankind,
even their own  personal  enemies.  They
love their neighbors as themselves, and  the
highest evidence of its being   a  Christian
Church would be in their loving freely, eve-
rybody, good, bad or  indifferent, wherever
man lives throughout God's heritage.  Love
cannot be too free.   Why, Gentlemen, love
is the strongest word in the Greek language ;
it is the strongest word in the Anglo-Saxon ;
it is the strongest word  in  the  English lan-
guage, come from whatsoever source it may. 
39
 Love will go beyond the prison or gallows;
 it will follow the  disobedient  son  to the
 lowest  depths of  degradation  and vice, it
 will go with him to the scaffold and beyond
 the tomb.  It will brave  a corrupt public
 sentiment,  which to some sensitive souls,
 is more terrible than the gibbet or the  rack.
 God is love, and he  that  dwellelh  in  God
 dnelleth in love and  that  continually.   The
 District Attorney did not mean love at all.
 11" meant to ask if his was not  a free  lust
 church. If you want to find free lust, do not
 go to a poor, reformatory church, sustained
 principally by the minister  giving  nearly
 nil  his earnings  for that  purpose.   Such
 churches have to sacrifice enough from  per-
 secution ; being called  fanatics, crazy  and
 t^eir pastors obscene and  libelous,  without
 sacrificing themselves to lust.
   No, rather  go  to  your  rich,  aristocratic
 churches, whose ministers travel in Europe
 at the expense of jealous husbands,  if you
 would find free lust.
   Court.—Th^re are a great  many things
 in this argument which  are extremely  col-
 lateral.  I think it is better to confine  your-
 self to the subject.
   Mr.  Kilgore—The  District  Attorney
 asked for information and I was bound to
 pive it to him.
   Codrt.—That can  be given  to  him in
 private.
   Mr.  Kilgore.—I  think  it  best  to  give
 him  the information  here, if your  Honor
 please.  No,  Gentlemen   I  know  of no
 churches struggling  in poverty,  no  true
 reformers, who believe in free lust.  I know
 of no reformer whether manor woman who
 does not believe  in   true marriage, not in
 law only, but the marriage  of  one man to
 one woman  so long as they both shall live—
 a union of hearts which  makes  a heaven.
 Doctor Landis believes and teaches this tc
 his church and congregation.
   Pardon  this digression.   I  was  saying,
 G ntlemen. that public sentiment tolerated
even in literary works,  much  more  objec-
tionable pas-ages than can  be found  in  the
Secukts of Gknkratiox.
  I might call your attention to  Shakspenre's
Works, found in  every library and  in   the J
hands of almost every  child.   In  Venus I
 and Adonis there are  passages, calculated
 to excite lewd passions in both young and
 old, too obscene to quote, but  accessible to
 every school boy in the land.
   Yet Shakspeare was neither a  physician
 nor a minister—he did not write his dramas
 or sonnets for the purpose of teaching man-
 kind how to obey the divinest functions  of
 their earthly lives.   I might refer you  to
 Byron's Don Juan and the bewitching lines
 of Thomas Moore.
   Yet, Gentlemen,  this  is the  literature
 tolerated in respectable and cultivated socie y
 to day.  These   are   not  medical  works
 giving instruction of the highest importance,
 in language calculated to make men  feel
 the  holiness  and   purity  of  true  sexual
 relations.
   If the District Attorney succeeds in con-
 victing this defendant,  let  him prosecute
 all publishers of  the   works  to  which  I
 have referred.   Nay more,  let him put the
 Bible out of Society because  there are words
 in it  which he  must call  obscene.  You
 can make no distinction.   The  motive  of
 Doctor Landis was to  give good instruction
 to his fellow men and I have no  doubt the
 writers of the Bible meant also to  do good.
   In the Bible you have the account of the
 two daughters of Lot, getting  their  father
 drunk, in order to "lie  with him" as record-
 ed in  the  xixth chapter  of Genesis.  I
 might refer you to  the xxixth  chapter  of
 the Book of Genesis;  and  also  the xixth
 chapter of Judges 22—29th verses inclusive.
 I submit, this language is not more  refined
 or chaste than anything  you  can  find   in
 the book complained of.  Take the account
 of Amnon's violation of his  sister  Tamah,
 recorded in 2d Samuel xmth chapter; and
 the 27th verse of the vmth  chapter  of the
 Fecond Book of Kings.  Nothing in Doctor
 Landis'  book  will  equal the  phraseology
 of many portions  of  the. Bible,  which  is
 religiously placed  in  the hands of  every
 Protestant child in the  land.  If you con-
 vict this defendant, I trust you will prosecute
 the Bible Society for violating this  Statute.
  Gentlemen,as farther evidence of public
 sentiment on this question of obscenity,  I
 might call your attention to  scores of books
and newspapers  sold- everywhere   in this 
40
community, whose  influence  is far  from
elevating.  Why Gentlemen  look  to  your
places of amusement.  Such plays  as the
Black  Crook,  White  Fawn, Formosa  and
the Can Can  crowded  your  theatres  for
weeks together.  I am told there are  pub-
lic  exhibitions much  more  objectionable
than these, not only permitted, but which
draw large audiences in Philadelphia.
  Yet  this humble minister of  the Gospel,
who dares to follow  in the  track of the old
Prophets, in denouncing the sins, of the peo-
ple ; a man of pure life, is charged with de-
moralizing society, because he tells the peo-
ple how to obey the laws of their own being.
No wonder  there  are . strong   prejudices
against this man, whose daily life is a rebuke
to the  false and fashionable  around  him.
Prejudice banished Aristides, the Just.   It
gave  the hemlock to Socrates, accused  of
corrupting the morals of Athens, and of ma-
king innovations in the religion of his coun-
try, although he directed  all his energies to
the reformation of the morals of the people.
Religious prejudices crucified Jesus and sent
his followers wandering "in sheep-skins and
goat-skins ; in caves and dens of the earth;"
to be hunted throughout Judea, Mesopotamia
and all the countries  of the East, and  at
length brought them to the amphitheatre  at
Rome  to be slain by  wild beasts, for the
amusement of a corrupt, wicked and Pagan
people.   The men  who labor for the good
of mankind will always have enemies.   Dr.
Landis is an earnest, impulsive) but honest
and courageous  man, who speaks " right
out," as Shakspeare says, "the things that he
doth know."
  Instead of using Latin  terms, he  speaks
plain English.  Shall we complain of a man
for  teaching the people truths, in language
which they can understand, while we permit
others  to teach the same  ideas in a foreign
tongue ?  That the information given in this
book is necessary, is not denied.
  Not  long ago, the daughter of  one of the
first men in Vermont, died  in the  Insane
Asylum at  Brattleboro' because her mother
neglected to teach her of the change her sys-
tem would undergo, at the age of puberty.
And when at an  evening  party, she experi-
enced  that change for the first time, she took
counsel of an ignorant servant girl, put her
feet  in cold water, and went  to bed.    The
result I have told you.   A large proportion
of the cases of insanity, come from the abuse
of the sexual organs.
   The  people  need  intelligence on these
subjects.   Why, Gentlemen,  from  a  work
published  in  1867, written by a woman. I
quote as follows:—"The evils of sexual abuse
lurk in almost every  household;  they  have
cursed all the past of humanity, and must
curse generations yet  unborn.     In  wedlock
the abnormal use of the sexual function is called
virtuous, because the taw sanctions whatever is
done under the cover of marital law ; but alt
the civil laws in the land can never prevent its
evil effects.   It  has produced a race of men,
physically weak, but with such strong sexual
propensities, that they  must be  indulged,  at
whatever cost to wife or children, and at  the cost
of maintaining a class  of outcast females for
their accommodation."
   She  says—"Nature  will  not  be cheated,
" Beware how .you keep your  accounts with
" her.   She will demand of you, 'an eye for
"an eye and  a tooth for a tooth,'  and
" future generations shall  pay  to the otter-
" most  farthing," for  all our  abuses of life
" as  we are  paying to-day for the abuses  of
" the past.  <: The sins of the parents shall be
" visited upon the children." If children were
" rightly generated their natural instincts and
'' intuitions would be correct guides for the.n
" in all the relations of life.   No man can «n.
" derstand or realize the full force and impor-
tance of this  truth like mothers who have
" been thoughtful  enough   to trace effects  in
" their children to ante-natal causes. Children
'' inherit weakness, sickness and premature
i' graves;  others  are  cursed with  life-long
" misery, all produced by the wrong condition
"of the parents, when neither of them are at
" all sensible of the misery they are propogat-
' ing. The sensitive nerves  of woman should
" be  in proper condition when the child is gen
"erated.  On page 309, she says: "Mothers
" procure abortions and commit foeticide be-
»' cause the maternal law is so constantly vi-
'' olated. " I know a woman, a church mem-
" ber, who procured thirteen abortions in the
" space of fifteen years, and at last fell a vie
" tim to her sin.  During these fifteen years. 
41
1 her whole life was a slowmurder, a suicide.
1 And the husband, a  church  member, too,
1 was he less guilty than his wife?   Nay, he
" was in every respect her accomplice.  The)
"sinned ignorantly, perhaps ;  nevertheless,
" they could not escape its penalty."
   Court.—It was  not ignorance,  it  was
wickedness, malignant   wickedness.  No
body can be ignorant as  that without  they
are insane.
   Mr. Kilgore.—I think they  c*an,   your
Honor.   I think they can sin ignorantly, not
knowing the  consequences, and that  they
sometimes  do it with a feeling of duty.  But
I  agree with your Honor, it is  very wicked,
and only shows the necessity of the informa-
tion given by my client.
  The writer of these extracts says further '•
"  If I speak plainly upon these subjects, my
«'  motive must be my  apology. "
  Court.—What book do you read  from,
Mr.  Kilgore?
  Mr.  Kilgore.—From  SEXOLOGY, as
the PHILOSOPHY OF LIFE,  Implying So-
cial Organization and Government. By
Mrs. Elizabeth Osgood Goodrich Willard.
Published by J. R.  Walsh, Chicago.
  Gentlemen, these extracts all go  to show
that the condition of the  mother at the  time
of conception, stamps weal or woe upon the
future immortal being.  They all go to prove
that the great majority of diseases of women
come from  these discordant sexual relations,
and that intelligence is the only remedy.
  Ignorance here, results in  intemperance,
insanity and crime.  Doctor Landis  teaches
the necessity of preparing  the soil, before
the seed is sown.   He teaches  the  impor-
tance of right conditions, in the  moment of
generation, in order to stamp  God's image
upon the newborn  soul.   I have spoken to
you of the numerous professional murderers
of unborn children, in this  city, who   defy
the law.  The crime of abortion or foeticide
could nowhere exist, were not conditions
of maternity forced upon woman  against
her will?  Doctor Landis gives information
that  strikes at the very root of these evils,
and  if  practised,   would to use  his  own
choice words, " enable a holier clement to
rule the family  circle and  aid in making
earth a paradise."
   Until recently, many of the truths  given
 in this book were unknown.  Within a few
 years  the  microscope  has  revolutionized
 medical science, and good physicians of  all
 schools feel more  than ever the  necessity
 of giving  light  to the people upon  these
 subjects.  Maternity is the end  and aim  of
 sexual union.  Holy, divine, it  is worthy
 the attention of our best minds, for this pri-
 mary condition of life, determines the future
 of every human soul.
   Gentlemen, I now come to the  law. This
 bill  of indictment charges the  defendant
 with publishing and selling  a  certain lewd
 wicked, scandalous, infamous,filly and obscene
 printed book entitled Secrets of  Generation.
 I agree with the District Attorney in his def-
 inition of a libel.   " It  must be a malicious
 publication, tending to injure society at large
 to defame the memory of the dead or destroy
 the reputation of the living. "  Under act ol
 Assembly of March 31, 1&60, " if any person
 shall publish or sell any filthy and obscene libcl^
 fyc, and ''shall be convicted thereof, such person
 shall be soitenced to pay a fine not exceeding
five hundred dollars, and undergo an imprison-
 ment not exceeding one year."
  To justify  a conviction of this  defendant
 under the law, it is necessary to prove three
 things: 1.  That the defendant  published or
 sold the book  described in  the indictment.  2.
 That the bookis obscene, and 3.  That  it was
published through  malice.  That Dr.  Landis
 published the book is admitted.  That the
 book is obscene  for the uses and  purposes
 for which it  was published, we deny.  On
 this point the Commonwealth have  not  of.
 fered any testimony except  the book itself.
 As we were not allowed to prove  the real
 character of the book by medical experts, we
 have shown you what is public sentiment in
 regard to obscenity. They have not produced
 a particle of  testimony to prove malice.
   Now, gentlemen, under the statute I think
 this case is not made out.  I shall  ask his
 Honor to instruct  you that " the law  will not
 presume a communication  to have  been
 made through malice, which was made con-
 fidentially in good faith and in dischage of a
 legal, social, or moral obligation, and through
 benevolence  to the public. " 
42
  The Secrets of Generation is a commu-
nication  "made  confidentially;"  it  is  "a
strictly private book for  married persons, "
as is seen on its title page.  It was sold only
at the office of Dr. Landis, to adult persons,
as one of the witnesses testified.
  Mr. Gibbons.—Who swore to that?
   Mr. Kilgore —If you have any doubts
about it 1 will call the witness. If you should
find, gentlemen, the book to be, in your opin-
ion, obscene  for the  uses and  purposes  for
which it  was intended, which we deny, even
then  you could not convict, unless it was
published with a  bad intent.   There is noth-
ing in the book  calculated to inflame   the
passions  or excite lewd feelings,  but oji  the
other hand, the author appeals to  God ; to
the human  conscience ;  to  the higher and
holier nature in all he says.
   He wrote this book in  discharge of a " so-
cial and  moral  obligation, and through benev-
olence to  the public. "   This defendant is a-
physician ;  he has a professional relation to
the public, and is under obligation to pro-
mote their physical well-being.   He is also
a minister ; a watchman upon the walls of
Zion, and, however derelict  in their duty
others may be in  regard to these social evils,
knowing their cause and cure, he feels it  his
duty to speak out.  He obeys the command
to " cry aloud and spare not; " "Jo show  the
people their transgressions, and the house of
Jacob their sins."
   He has a public duty in two capacities.
he has to do with the physical  interests of
the people as to their bodies, and the  spirit
ual interests of the people as to their souls—a
double obligation  to give them instructions,
necessary for their  temporal  and  spiritual
salvation.  Christ healed the bodies as well
as the souls of  men.   He commissioned  his
followers to do the  same thing.   This   de
tendant   believes  in Christ.   He strives to
te.ich his doctrines and to imitate his exam-
ple.   The District Attorney  will  strive to
make you believe this  book was  published
l.-r  the   purpose  of  making  money.  We
were prepared to show how he made mon-
ey and how he used it.  No,  the  inspiring
motive which influenced Dr. Landis in  the
publication  of the Secrets of  Generation
was ' benevolence to the public. "
  The law says:  " If the production  was
honestly meant to inform  the public mind
and warn them against supposed dangers in
society—though  the subject may  hare been
treated  erroneously—then,  however   the
judgmsnt  of the jury may  incline them to
think individually, they  should  acquit  the
defendant.  If the jury doubt of the crimi-
nal intention then also  the law  pronounces
that he should be acquitted."
  That the information was honestly meant
to inform the public and warn people of the
danger  of violating the  laws of nature in
sexual relations cannot  be doubted.   If the
subject is treated erroneously—if the words
are not  well chosen—the sentences ungram-
matical, as some of them are,  or  if the  con-
clusions to  which  the  auihor arrives  are
false—even then you should  acquit.  This
is the law  of libel in  England  and in  the
United  States.   If the   jury doubt  of  the
criminal intention, it is their  duty to acquit.
They should do this, however objectionable
the book might be, if the inleniion was goud.
Such  is the law  of  libel in  Pennsylvania
and by it our courts  and juries and district
attorneys are bound.
  Again,  his Honor  will doubtless  instruct
you that " a communication made bona fide
'• upon a subject matter in reference to which
 • he has a duty, is privileged, if made to a
person having a corresponding d uty, although
it contained criminating matter, which with-
out this privilege would be slanderous  and
actionable. "  I  have  copied these  points
from the decisions of Lord Mansfield, Chief
Justice Marshall, and others of more recent
date.
  Dr. Landis, made this communication up-
on a subject matter in reference to which he
had a solemn  duty.   As a physician  and
clergyman,  it  was his  duty to promote the
healih of the  people,  as well as to warn
them  of the dangers of sinning  against the
divine law of generation.
  His duty was all the more  imperative, as
he had given his whole life to acquisition of
knowledge  upon  these subjects.  He had
made it a specialty. He lectured every night
in the week till his voice  became hoaree, in
enlightening the people of both sexes, eager
to know the truth.  He was constantly re- 
43
ceiving letters from persons  at  a distance,
inquiring what they should do to be saved
—saved from suffering, disease and death.
By advice of friends he published The Se-
crets  of Generation, to benefit those pa-
tients he could not treat  personally.
  We could show you a stack of letters from
ail parts of the country, many of them writ-
ten by  men and  women of high standing'
expressive of their thanks for the benefit they
have derived from this book.  The Dr. has
received letters  from France and  Germany:
asking the privilege of translating it into tlie
language of those countries.  Ah! gentlemen
future generations will do him justice.  Gal-
lileo told the people the  world moved  and
 they punishe i him.  In a moment of weak-
ties* he recanted, but immediately  mindful
of the truth of  his position, he said  " but it
does move nevertheless. "  Yes,  gentlemen,
the  world does move.   Every  revolution of
this little planet, brings us into new relations
and  new  conditions.    Scientists are  busy
studying these relations to other planets and
their results.  So each day of our human life
brings us into new relations with all the past
and shapes the  future.
   Harvey, while investigating  the secrets
of   generation,   discovered  the circulation
of  the blood.    He  met with  the fate  of
 all  advanced   minds—he  was  unpopular,
and lost  his practice.   But  who can tell
 the influence  of  that discovery upon  the
 world to-day. The endosmose and exosmose
 process in the minute cells of the  lungs, is
 not more sure to change  the human body,
 than that the truths in this book  will outlive
 the prejudices and  institutions of to-day and
 mould the coming man.  My client had a
 duty to mankind ; as soon as he discovered
 the truth'to declare it in  the most   efficient
 mode to the people, He felt his responsibility
 as  a  physician  to proclaim the truths he
 discovered.
   The learned  Court will doubtless instruct
 you that according to the present law of libel
 ' it  is the undoubted right of every member
 "of the community to publish his own-opin-
 " ions on all subjects of public and  common
 " mt*est, and  so long as he exercises this in-
 " estimable privilege candidly, honestly and
 "sincerely with a view to benefit society he
" is not amenable as a criminal.  But where
" public mischief is the object of the act and
" the means used are calculated to effect that
" object, the publication is noxious and inju-
" riousto society, and is therefore criminal. "
   Applying this law to this case, you would
be bound to acquit this defendant.
   Again : " If the jury find the  teaching of
' this book calculated to benefit the persons
" to whom it is dedicated—they should ac-
'• quit the defendant. "
   We have  proven  to you  by one or two
 witnesses that the teaching of this book had
 benefitted them. The Commonwealth would
 not allow us to prove that this book was cal-
culated to  benefit all the persons for whom
 it  was written.  They have not been able to
 find one solitary individual  who has  ever
 been injured by it, and us it has benefitted
 two, we may conclude it would  benefit oth-
 ers.  I have requested  his Honor to charge
 you that " if the  jury believe the defendant
 ''have in view the benefit of society—how-
 '  ever wrong the ideas, or  objectionable the
 "  language—there is no malice and he should
 "  be acquitted. "
   The law will  not presume malice in this
 case and as the commonwealth  has  failed
 to prove  it, it  is  your  duty   to  acquit.
 Prejudice must not come in.   If you  find
 any prejudice in  your  minds against this
 defendant,  I ask  you,  as  you  hope  for
 happiness, to rise above it.
    The law and the testimony constitute the
 standard to which  we must  bring  this
 case.
    The  motive  for  publishing  this  book,
 spenks for itself.  Every page of it appeals
 to the moral nature,  in  the most solemn
 and impressive  manner,  and  teaches hu-
 manity how to be  obedient to the  higher
 laws of God.
    Pardon  me Gentlemen for detaining you
 so long.  It is because this trial  has  to  do
 with the future of society; with principles
 higher than you and me and this Honorable
 Court, that I have been thus lengthy.  The
 District  Attorney is  to  follow  me.   I  do
 not underrate  him.   You  know  his  great
 abilities.   He  is  great in law, great in elo-
 quence, great in experience and greater still 
44
 in his power to  control the minds of other
 men.  He is very dignified.  I  know him
 to be a high minded  gentleman, of strong
 prejudices  and  able  to make the  worse
 appear the better reason.  Treat him  kind-
 ly; listen to his eloquence, but do not allow
 yourselves  to  be  influenced against  your
 better judgement by  one  word that falls
 from  his authoritative lips.
   You are  about to  decide the  guilt  or
 innocence of this  defendant.  You  are  to
 say whether he is an enemy, who attempts
 to degrade  and  demoralize  mankind,  or
whether he feels earnestly and deeply the
wrongs in Society and  strives  to  use his
influence to have those  wrongs  righted.
  You are  to  decide whether that  noble
 wife, who feels as no  other being  in  this
 Court  House  can  feel  for  her  husband,
 with all the impulses and affections  of her
 woman's heart, is to be disgraced  by the
 conviction of the man she loves.
   You are to decide whether  those  beauti-
 ful children—two of whom  were born  at
 the same hour,  not five  months ago—living
 witnesses  of the purity  of  their father's
 character and  life, are to be  dishonored by
 your verdict.
   Gentlemen—however others may  judge,
 I pray you to remember that this book only
 teaches the highest laws of our being—that
it is  true  and   natural, and that to a  pure
 mind there is nothing natural, obscene. 
45
CLOSING  ARGUMENT  FOR THE  COMMONWEALTH

                                  BY

   Hon.  Charles  Gibbons,  District  Attorney.
Gentlemen of the Jury:
  You have listened with ^reat interest  to
the very long, and very able address of my
learned and eloquent friend, but if it had a
little more to do with  the  question  which
you are to decide perhaps I should  have
more to say about it than I probably  shall
have, in the few remarks, which I  propose
to submit to you in this case.
  I have no doubt of the  sincerity  of my
learned friend, I have no doubt of his  love
of mankind, or of his love  of womankind.
I believe  Gentlemen of the Jury,  that  he
would  go forth  this  day  in  defense  of
woman as valiantly as that famous  Knight
Errant of Spain, who  levelled  his  lance
with equal courage against, wind-mills and
flocks of  sheep, and  mailed Knights, but
gentlemen of the  jury, my  learned  friend,
said  some things, in  relation to  this  case
that I was sorry to hear, remembering the
fact that he himself once stood at  the  desk
of the minister of the gospel.
  Remembering  the  fact, gentlemen that
he was once a vice gerent  of this Saviour
whose name he so  often invoked;  in the
course of his speech here.
  I was sorry to hear  him  say  that  he
would not  hesitate  to  read  to  his  own
children every word, that is  contained in
this book and that he would not hesitate  if
he now  were a preacher to promulgate  it
in the  congregation  and from the pulpit
which he occupied.
  Mr.  Kilgore.—Mr.  Gibbons  I  said  to
promulgate  the same  truths.  I  might
perhaps have some change in  the wording
but the same piinciples  there  expressed, I
would proclaim.
  Mr. Gibbons—I  am  glad  to hear the
explanation, gentlemen, because it  implies,
that his client has been guilty of an obscen-
ity in the publication of  this book  that he
would under  no  such  circumstances  be
guilty of.
  Mr. Kilgore.—Not at all.
  Mr. Gibbons.—Now gentlemen,  you and
I have no business, to entertain any feeling
about this case, we are simply  here in the
performance of a high public duty.
  Simply  to vindicate and  sustain the
majesty of the Jaws under which we  live.
  Simply to protect, that most  sacred place,
that any of us may claim as  our  home  or 
46
home circle, and the  family fireside,  from
the invasion of lewd and obscene  publica-
tions of the man now on trial.
  That is your duty and it  is mine.   It  is
nothing to the  point gentlemen, that this
book is obscene, or that book  is  obscene.
That there are  medical works  circulating
among medical men, that  contain obscene
pictures,  and  obscene  desciptions of the
human anatomy.
  It is nothing gentlemen, of the jury that
my learned  friend can  send and  purchase
disgusting book at a book store  in  the city
of Philadelphia, all this has nothing on  the
face of the earth to do with a case  like this.
Because, Gentlemen of the Jury, one  man
publishes an obscene book and  violates the
law, you will agree with rne in saying that
that does not justify  another in doing  the
same thing.
   If one of those poor men  now sitting  in
the dock, waiting their  trial,  perhaps for
some felony, should be found guilty of that
felony, why Gentlemen  of the Jury, that
does not justify you or me  or any  man, in
committing  a felony, or even if he  were to
go unpunished or unwhipped of justice,
that would  not justify us in perpetrating the
same crime.  No, Gentleman  there are no
precedents that can justify crime under  any
circumstances, there is no precedent that
can justify an  open and flagrant violation of
the laws of the  land, under which we live.
There is nothing that can  justify  this man
 who stands  before  yon, producing  his  di-
 ploma as a  medical doctor, in  assuming to
 himself the title of Doctor of  Divinity  and
 wearing the livery of Heaven  for the  pur-
 pose of serving the purposes of the Devil.
   Mr. Kilgore.—Will you  allow  me   to
 correct you there, I  never thought  of that
 until you mentioned  it.  I can show you
 how that title belongs  to him.
    Mr.  Gibbons.—God  forgive  the man
 who ordained him, that is all I  have  to  say
 to that.   I  do not mean to refer very much,
 gentlemen, to the personal  remarks of my
 learned  friend,  as applicable to  myself.
 Many of them highly complimentary, more
 complimentary, I am sure, than  I deserve,
 and  many of  them  rather  of an opposite
 character.  I do not know, gentlemen, which
will weigh the most  in the scales of justice,
if any of them shall  weigh anything at all.
  But my learned friend found  fault with  a
question whicn I put to one of  his witness.
es, a question, gentlemen, that  was strictly
upon cross examination, viz: "Whether the
church to which he  belonged was a Fr*e-
Love Church."  -You remember, gentlemen,
that my learned friend introduced that wit-
ness upon the stand, a  man and not a'lady,
inquiring whether he  was a member of a
particular church.   He said " Yes," he was
a member of a church, " that is  advertised
in this paper, called the  First Progressive
Church of Philadelphia.   And then I asked
upon cross examination, the question I  have
repeated.  Gentlemen, I  did not ask  that
question without a reason,  because in  this
very same paper to which  I called your at-
tention, and the  attention  of  my learned
friend during his address' to you.
   I  found in staring  capitals "DO  YOU
WANT  TO MARRY?    If you  wish  to
make the acquaintance of a suitable partner
for husband or wife, you  can do so confiden-
tially, through this matrimonial department.
For full  particulars send  ten  cents to  Dr.
Landis, for this  strictly confidential exami-
nation circular."
   Gentlemen of the jury, these are the mar-
riages that are made in heaven,  referred to
 by my learned friend.  Marriages in heaven
at ten cents apiece.
   My learned  friend  was  very  particular,
 and very earnest in calling your  attention to
 what he  assumed to be a fact, that the DU-
 trict Attorney was obliged  to  seek the  rec-
 ords of the State  of Massachusetts.  That
 State which  burned  the Quakers, and hung
 witches, for a precedent of this  indictment,
 or that the indictment was taken  from the
 records of that State.
   ^hy, gentlemen  of the jury,  half a cen-
 tury ago, here in the city of Philadelphia, a
 man by the name of " Sharpless " was tried,
 and  convicted by a jury of Philadelphians
 for the  exhibtion of an  obscene and lewd
 print, for the purpose of depraving and  cor-
 rupting  or  inflaming  the passions  of the
 young to bad uses.
    Gentlemen of the jury, that Seventeenth
 Massachusetts Report, to which my learned 
47
 friend refers, as the volume from which this ]
 indictment was taken, never saw the light
 of day until nearly  ten years after the trial of
 "Sharpless" and after the publication of the
 second volume of Sergeant and Rawle.
    Gentlemen of the jury if  this  indictment
 be contrasted with the language of  the  in-
 dictment found here, and reported in  our
 own  books in  the  case of the  Common-
 wealth vs. Sharpless you will see for  your-
 selves precisely where the  forms are  con-
 tained.
    And  that  conviction,  gentlemen of  the
 Jury,  took place in this commonwealth, and
 in this city, forty years  before it was  made
  an offence under  our particular statute.
    It  was an offence at common   law, as I
  told  you in the beginning of this  case, and
  it continued to' be  an  offence at common
  law, ar.d it is still  an  offence at common
  law, and  is  now  made % statutory offence
  and  the indictment is  made  under  the
  statute, under the forms  of indictments in
  use for centuries  under  the   common  law.
    This indictment, gentlemen of the  jury.
  charges, that certain persons, in  being  evil
  disposed  persons, and designing, contriving
  and  intending  the   morals  as well of
'  divers   other  citizens  of   this  common-
  wealth  to  debauch  and  corrupt, and to
  raise and  create  in their minds inordinate
  and lustful  desires, on  the first  day of
  March 1825, at the  time  aforesaid  and
   within the  jurisdiction of  this   court in a
  certain  house  there  situated,   unlawfully
   wickedly and scandalously did exhibit, and
   show for money to persons, to  the inquest
   aforesaid unknown a certain lewd wicked
   scandalous infamous and obscene  painting,
   representing a man in an  obscene posture
   with a woman,  to the  manifest corruption
   and subversion of youth, of citizens,  of the
   commonwealth  and so forth.
     Gentlemen of the jury, I have no hesita-
   tion in reading this aloud in the  presence of
    any female who may be in this court house.
      Because at the opening of this  case his
    Honor delicately suggested that  the  ladies
    present might  be notified that there was
    nothing requiring their attendance here to
    day, in order that they might relieve them-
selves from the exposure  of  an argument
in a case like this, if any of them remained
gentlemen of the jury, they must  take the
consequences.  The act  was  their  own,
and it is not mine.
  Now, gentlemen of the jury, there  was
an  indictment for  exhibiting a print, the
print of a man in a posture which  is called
indecent and  obscene posture,  with a wo-
man, to the manifest corruption and subver-
sion of youth.
  That indictment was tried, as I stated be-
fore, in the Mayor's court of the city of Phil-
adelphia.  It  was removed to the  Supreme
court of the Commonwealth ; the indictment
was sustained, and the  defendant was pun-
ished for that very offence, which, as I have
said two or three times was an offence at
common law.
   Now, gentlemen of the jury, when you
take this book  out to read it  for yourselves ;
when  you read that portion of it to which I
shall direct  your attention, I will ask you to
put this question to yourselves: " Whether
 this book is anything more than placing in
 print what  was contained upon that picture
 exhibiting a man and woman in an indecent
 posture.
   You will find, gentlemen of the jury that
 this book, or that part of it to which I refer
 is simply that and nothing more.  It is a de-
 scription of that very picture, in point of fact
 for which  the man, who exhibited it was
 confined and imprisoned.
    My  learned  friend says it is truth; that
  there, is nothing lewd in truth ;  there is noth-
  ing which God and Nature  have  presented
  to mankind that can be regarded as obscene
  or is lustful in its influence to those who are
  pure minded.
    Gentlemen of the jury, we are told by the
  highest authority that marriage is honorable,
  and the  bed  undefiled.  But if that bed be
  spread in the market place, and if what
  transpires  under the veil of night, and in
  the privacy of the  marriage chamber were
  to be exhibited in the broad glare of noonday,
  upon  our  public  streets, does my  friend
  say that there would be nothing obscene or
  impure  in that.
    Does  my learned friend say that there is 
nothing in such an exhibition  suited to in.
flame lustful passions of the  youth ?  No,
gentlemen, he  cannot say it.  He cannot
say it.
  There is a native modesty, thank God,  in
every man's heart that leads him away from
the eyes of men upon such  occasions  as
these.
  If you can permit this book, gentlemen of
the jury, to be circulated in this community i
if there is nothing obscene in that description
which I shall point out  to you, and  which
you can read when you retire to your cham-
ber.   Then, gentlemen, there  would  be
nothing at all obscene in constructing a mod-
el, arranged and moved by machinery, show-
ing the  palpitation  of the heart, and going
through these operations.
  Gentlemen of the jury, I  hope this  Pro.
gressive  Christian Church is not to carry us
back to the age of Pompeii, when the geni-
tal organs were carved in stone, and exhib-
ited  over  the doors of the  houses of that
faded city.
  Now, gentlemen of the jury, a single word
in relation to the motives which have influ-
enced  this man in  the publication of this
work.
  You have a great deal of his giving away
money or  contibuting it to  some  cause,  to
what cause I do not know, of which  there
is not a particle of  evidence and  which
would have here nothing to do  with  this
case.
  When you take up this newspaper you
will find this book advertised as no medical
book, no  scientific  book was ever  adver-
tised before in these great staring  capitals.
And  when you  read  in   this  book the
magnificent Doctor of Divinity offering a
wager gentlemen a wager from this Doctor
of Divinity, from the right reverend Bishop
Landis, offering a wager of fifty thousand
dollars that there is more information con-
tained in this little  book upon the subject
of the Secrets  of Generation  than  is  con-
tained in any other book in the world of a
thousand pages.
   Do you  suppose  gentlemen of the jury
that such  advertisements as these  are in-
tended for the public benefit.  Do you find
in this work anything of a scientific nature,
and that is to be  distributed only  among
married  men and married  women.  On
the contrary gentlemen you will find upon
its very first pages as I pointed out  in  my
opening address that  this book is a book
that every male  and female should read.—
  This book must not lie about the house, but
every male and  female should read it, aye,
gentlemen, your innocent daughters  should
read it, your innocent sons should  read it.
  The home circle must not be polluted by
this book, and we  are to have the spirit of
universal  concubinage   spread    abroad
throughout this  community.
  Gentlemen of the jury, so far as  the ques-
tion of malice is concerned, if this book were
to be published and advertised for sale, for
the purpose  of  making money, and all the
evidence in the case shows that it is so, there
is malice  in that; just as much malice  as
was shown in  the  case  of the  Common-
wealth vs Sharpless, who  exhibited his pic.
ture to the public for money in a single room
why, for that, gentlemen, there was a  picture
that could only be seen by those who sought
the room in which it was exhibited.  But
here is a book that is advertised every week
to 20,000 people according to the declara.
tion of this defendant, a book upon  the Se-
crets of Generation, not advertised as a sci-
entific  work, but as a book  that every  boy
and girl should read; a book which  my
learned friend says he would be willing to
read to his own  children.  This is the book,
gentlemen, which is advertised in this paper,
for  sale to anybody who may choose to buy it.
  Anybody  who  will remit to this Right
Reverend Doctor of Divinity the sum of one
dollar, through the post office.  Now, gentle-
men of the jury, I am  not  going  to insult
your intelligence ;  lam  not going to doubt
your morality^ lam  not  going to  suppose
for  a moment  that you mean  to  stand  by
«nd justify this  flagrant violation of  law by
any further remarks upon the subject of this
obscene libel.  I shall simply present it to
you under the charge of the  Court, and will
ask yon when yon retire  to  your  rooms to
.read and decide for yourselves. 
49
CHAEGE  ofJUDGE  FIERCE
TO THE JURY, IN THE CASE OF
The Commonwealth  vs.   S. M.  Landis.  M. D.
   Gentlemen of the Jury :—The bill of indict-
 ment in this case, charges the defendant, in
 the first count with having printed and pub-
 lished an obscene book, and in the  second
 count with having exposed  for sale an ob
 scene printed book.    The act of assembly
 under which this indictment was found, is:
 If any person shall publish or sell any filthy
 and obscene libel, or shall expose for sale or
 exhibit or sell any indecent, lewd and ob-
 scene print, painting or statue, or if any per-
 son shall keep or maintain any house, room
 or gallery for  the  purpose of exposing  or
 exhibiting  any lewd indecent  or obscene
 prints, pictures, paintings or  statues, and
 shall be convicted thereof, such person shall
 be sentenced to pay a fine not exceeding five
 hundred dollars and  undergo an imprison-
 ment not exceeding one year.   The  object
of this statute,  Gentlemen of the Jury,  is  to
preserve the purity of the public mind and
 to guard society against the issue, publication
and sale of lewd and obscene prints, books,
statues or  paintings.   We  all  understand
somewhat, the nature  of the human mind,
and the influences to which it is subject.
  I have no doubt, that the laws or our na-
ture, which  God has  implanted within us,
    are wisely implanted for beneficial e^ids and
    purposes. We are endowed with reason and
    in the reasonable exercise of the naturallaws
    and  functions  of our being, we are  simply
    obeying the will of our Maker and carrying
    out those  laws  which He has placed  in us
    for the  purpose of good.  But it frequently
    happens,  as we know and are conscious that
    these wise laws of our being are perverted
    to wicked ends and purposes.  They thus
    become violations of the law of God, viola-
    tions of the high purposes for which they were
    implanted in us, and tend to mischief, to the
    destruction of society.   Therefore the law of
    the land, and not what we think of the law of
    God, comes in to  preserve the purity of soci-
    ety, by  prohibition of these acts.   It tends to
    observe these natural laws of our being and
    to preserve them for the wise  ends and pur-
    poses for  which they were created.   There-
    fore,  the law prohibits the publication or sale
    of  anything  which tends to  excite in  us
    wicked and lewd passions, and  which tend
    to carry into our households to the injury of
    ourselves and our children those things which
    unnecessarily and improperly inflame the
    passions, wisely leaving the exercise of those
    iaws of our being to proper times and undei
# MtDICAT
^J&OTWi. 0. C
 
50
 legitimate circumstances, and seeking to al-
 lay passion, except under its proper surround
 ings and conditions.
   Therefore  if  anything tends to inflame
 the mind and to unduly  exercise or bring
 into operation lewd  thoughts and  feelings,
 the law punishes it as an offence against so-
 ciety.  This indictment charges the defend-
 ant with having  published and exposed for
 sale a book of this character; whil-t the law
 puni-hes offences of this character, and libels
 which defame the living or the dead,  at  the
 same time it guards the rights of publication-
 By the constitution of the State of Pennsylva-
 nia, it is provided that printing presses should
 be free ; and every citizen may freely  speak,
 write and print on any subject, being responsi-
 ble for tke abuse of that liberty. Andin all in
 dictments for libel the jury shall have a right
 to determine the  extent of the abuse as in
 other  cases.
   Now, gentlemen, in order to justify, a pub-
 lication of this character you must  be satis-
fied in your own minds that the publication
 was made for a legitimate  and useful  end
and purpose ;  that it was not done from any
wanton motive ;  any motive  of mere gain, or
with a corrupt desire to debauch society.  It
appears, that  medical  books treating of  the
 subjects discussed in  the book  published
by the defendant, are issued  and sold  in the
market.  And I  have no doubt that such
books, if discreetly published and placed in
proper hands,  have a useful purpose;  but I
 have  no doubt also that publications of a
rharacter which  is strictly scientific, strictly
 medical,  containing illustrations exhibiting
 the human form, if wantonly exposed  in the
 public markets, and publicly advertised  for
 sale in such a manner as to create  a wanton
 and wicked desire for them, and not to pro-
 mote the good of society by placing them in
 proper hands, that then such publications
 would be obscene and libelous.
   Therefore,  gentlemen, I say  to you, no
 matter how true the  things are  which are
 published in this book; no matter how cor-
 rect they may  be. or in conformity with na-
 ture, or the laws  of our being, or  how  cor-
 rectly stated, that will not justify its publica-
 tion ;  if it be in itself  obscene, and  tends to
 inflame improper and  lewd passions  and is
published and sold for the purpose of making
gain out of it, and not for the purpose of com-
municating proper  information  to  persona
who are entitled to know it, it is an improp-
er publication.    The determination of this
question, therefore, does not depend  upon
whether the things published in the book are
true or false,  it may be just as obscene and
libelous if true, as if it were false.  You may
readily understand this when I  say  that be-
fore a class of medical students, it might be
necessary and exceedingly proper and con-
sonant with decency and modesty, to expose
a human body for the purpose of operation,
or the exhibition of disease.   But if the same
human body  were exposed in front of one of
our medical colleges to the public indiscrim-
inately, even  for the purpose of operation,
such an exhibition would be held to be inde-
cent and obscene.
  It might possibly  be  necessary,  under
some exigency, to  exhibit the human  body
in court to  a jury, to enable  them to deter-
mine some  question of fact.  To do so in
such a manner as  to wantonly expose the
body, to the public gaze, would be improper
but to give  the jury an opportunity of view-
ing it in a private room, or in such a manner
as not to expose it to the  public gaze, would
be eminently proper and becoming. So publi-
cation may be made of certain matters which
are in themselves proper  if properly pub-
lished ; but if they be wantonly and wicked-
ly exposed  and published, they become ob-
scene and  libelous.
  With   this   discrimination,  therefore,  it
matters not how correct  and  scientific the
statements  of this book are, the question for
your consideration  are,  the purposes for
which it was printed, the manner in which
it was exposed for sale  and offered to the
public whether or not it was done for  a
lawful, legitimate and proper  motive  or
for the purpose of making gain or  for  any
other purpose not legitimate in itself.
  In order  to  enable  you to arrive  at  a
correct conclusion upon  this  qusetion, the
paper called the  "Sharp Shooter"  has  been
given in evidence to  enable  you to  know
the motive which  prompted   the   issue.
In it the book called the "Secrets op  Gen-
eration'' which is the subject of  this  pros- 
51
ecution  is  publicly  advertised, the  price
of it is given  and the assertion in the  ad-
vertisement is that it is for sale only by  Dr.
Landis at his office, corner  of  13th  and
Girard Avenue, forwarded, sealed  pre-paid
by return mail upon receipt of price.   Now
gentlemen,  there  is  an open and  public
offer of sale to  anybody.  A child of your
family, or  my family, a  member  of  the
family of any  one in  any distant part  of  the
country;  without regard to  whether that
person be male  or  female, married   or
single, a child of tender years  or  a  person
of mature life, may have the  book, without
regard to any of  these  circumstances,   on
payment of its price.  This  appears  to  be
the  case from  the  advertisement,  and  I
suggest this view  of it to  you  for your
consideration.
  This Book was  open to   any  body  and
everybody who send for it, without  regard
to necessities  of their  case  or their con-
dition.
  And then, gentlemen  if upon an  exam-
ination of the book  you find  that it is of a
character to  excite   lewd  desires and   in-
flame the passions of men, no matter how
correct the descriptions contained in  it, are,
or how accurate the science of the  book  is,
it is  within the offence  prohibited by  the
act of assembly.
  I am very glad, for my  own  part  that
this prosecution  has  been instituted.   There
are too many  such books published, and  if
the public authorities have  heretofore neg-
lected the suppression of them, I am very
glad to see that they are  now beginning  to
take notice of them  and  action  respecting
them.
  Nature takes care  of itself in all questions
of this character;  it requires  very little  aid
or explanation from  man. God has  implant-
ed within us certain appetites  which do not
require much knowledge to enable us to ex-
ercise.   A child almost as soon as it is born,
begins to recognize  the feeling of hunger,
and the sensations of heat and cold, or pain,
if ten thousand books were written upon  the
subject, at first the child could not understand
it and consequently he would  not be much
benefited.  The necessities of our nature and
our being will enable us to exercise the func-
tions.  So with the other laws of our being.
God when He created us gave us wants and
appetites and functions to exercise, implant-
ed within  us also those  instincts, those pas-
sions, those pains, those sensibilities, Which
lead  us to the exercise  of those  functions
without any very extensive  instruction from
anybody.
  I think, therefore, that books of this char-
acter are not needed in society.  If  there be
any difficulty in any case, by reason of dis-
ease, or mal-conformation, a proper medical
adviser should  be sought and advice taken
respecting  it; all  other  cases  take care of
themselves.  But you will examine the hook
for yourselves, and not take my opinion of it,
but take it from your own examination of it.
  The great trouble is that there is too much
exercise of power without  any  instructions
from anybody ;  and it is as likely to be cor-
rectly exercised without  instructions of this
character as with them.  If then you  have
the  same  opinion of this book  that 1 havei
you will condemn it.  You will also  find that
this  book contains directions respecting  a
matter which I think has become a fearful
crime throughout the United States, that is,
the manner of preventing the natural opera-
tion of the  laws of our being, the prevention
of conception or pregnancy.
  In olden times  almost every family con-
sisted often or twelve children.  It  is one of
my earliest recollections visiting my relatives
in the country that each of their families con-
sisted of not fewer than ten  or twelve  chil-
dren, and  my  own good fortune is to  have
had  ten  children.  Formerly every home-
stead was crowded with  children, and they
were usually a blessing to their parents, and
society.  But now, through some process of
hindrance, such as is described in this book,
families are dwarfed to one or two children,
or three or four at  the most.   Thus society is
hindered  of its  natural increase, and the
health of women is  endangered  by  the
means of prevention  and obstruction  to the
operation of natural laws
  It  is not necessary that I should prolong
these remarks, if upon examination of this
book, you should find that it contains matters
which are obscene and tend only to inflame
the passions of the young  and  old,  and 
52
that it is not published for  any  wise, bene-
ficial or useful purpose, but simply  for  the
purpose of gain, without regard to  whether
it corrupts society or not,  then  it is a
malicious libel.
   I am  requested to  Charge yo»,
that:—
uThe Law will not presume a com-
munication to have  been  through
malice, which  was made confiden-
tially  in good faith  and  in  dis-
charge of a legal,  social  or  moral
obligation and through benevolence
to the public."
  I affirm this point.  The meaning of it
is that if you are aware  that anybody is
doing  an injury  to  another  or  anything
calculated to do injury generally,  and  you
give information respecting it in good faith,
and in a proper manner, you are  protected.
But where this is done for the  purposes of
gain, for  the purpose of  making money
without regard  to the welfare  of society
and  the  communication  itself  tends  to
excite passion, and provoke obscenity, in
such a case the law does not hold.
   "If the production was honestly
meant to inform the  public mind
aid warn  them  against supposed
dangers  in   society—though   the
subject may have been treated erro-
neously—then, however the Judg-
ment of the Jury may incline them
to  think individually, they  should
acquit the defendant.  If the Jury
doubt  of  the criminal intention
then also the law  pronounces that
he should be acquitted."
  If the publication was proper to be made
that is, gentlemen, if the injury is effected by
the publication itself, then no matter  how
mistaken  the party may have been in  sup.
posing  he  was doing  good, he is within
the law.
   It does not do for men to imagine they are
doing good, when they  are doing things
tending to injure and debauch society and to
think  that they are to be justified in  their
act because men happen to have a different
opinion.
   Again:
   "A communication made bona
fide upon any subject matter in ref-
erence to which he has a duty is priv-
ileged, if made to a person  having
a corresponding  duty, although  it
contained criminating matter, which
without  this privilege would be slan-
derous and actionable."
  That is so, gentlemen, for instance you
have an unfaithful and dishonest servant in
your house, and  that servant applies for a
situation to some  other person, and that per-
son desires to know the character of that
servant—you  are perfectly justified in  such
a case, in saying of that servant she is a thief,
she has stolen my goods,—you have said it
under a necessity, and you have stated the
facts  under  our  law.   This would  have
been harder at  all times as the law previ-
ously was, but some recent  changes  have
been made and it cannot be so regarded  at
present, but if you fail to tell the truth and
suffer them to take into their families dis-
honest domestics as  in  the meaning of this
law you are not protected but would be lia-
ble.
  Again:
   "If the use to be attained is justifi-
able, as, if the object is generally to
give useful information to the com-
munity, or to those who have a right
and ought to  know, in order that
they may act upon such information,
the occasion  is lawful and the party
may then justify or excuse the pub-
lication."
   I affirm this point, subject to the remark
I have just made.
   "It is the undoubted right of ev-
ery member  of  the community  to
publish his own opinions on all sub-
jects of public and common interest,
and so long as he exercises  this in-
estimable  privilege candidly, hon-
estly and  sincerely with a view to
benefit society he is not amenable as
a criminal.
   But where  public mischief is the
object  of the act and the means used
are calculated to effect that object,
the publication is noxious and inju-
rious  to  society,  and is therefore
criminal." 
53
    I affirm that point, it  is the point upon
  which I have been  talking, where it is ne-
  cessary in order to protect society from great
  misc'iief a publisher is protecied  but where
  the means to do this  thing is in itself mis-
  chievous  he is not protected.
     "If the Jury find  the  teaching of
  this book calculated to  benefit the
  persons to whom it  is dedicated—
  they should acquit the Defendant."
    Well gentlemen it may be under peculiar
  circumstances, that  a person  may  derive
  benefit from the book, but placed indiscrim-
  inately in the hands of persons not requir-
  ing such advice and  benefit, and it tends to
  inflame their  minds, and is  obscene  in
  its character, then gentlemen  it is  not pro-
  tected.
    It is for you to determine  the  character
  ofthebookif  in your judgment you  think
  the book is fit and proper for the welfare
  of society, and  that  such a  book as that
  ought to be published, and it is such  as so- j
  ciety demands, and ought to be to no into
  your families, to  be  handed  to your sons
  and daughters  and  placed   in  boarding
  schools, and so  forth,  for general  useful
  information, why then if that be the charac-
  ter of the  book  it is your duty  to  acquit
  the defendant.
    "If the Jury believe the  Defen-
  dant have in  view   the   benefit of
  society—however wrong the ideas
  or objectionable  the   language—
 there is no malice and he should be
 acquitted."
   Well, gentlemen, his ideas of wrong feel-
 ings or wrong influences of that thing is not
 the question.
   The question is, is the thing  in  itself ob-
 scene and libelous, no matter what opinion
 he has.  The malice  of the thing would lie
 in the improper publication of it even under
 the mistaken view of the  matter.  But if
 you can abstract from the fact  of the publi-
 cation that the idea is gain, then malice may
 exist, and is  evident from the  mere fact of
 the publication of an  improper book of this
 character, where the object is  simply gain.
 Malice  is  malus animus.  The attempt of
 any kind, for the  purpose of gain,  to throw
 broadcast on society  firebrands or  publica-
 tions of any character tending to injure the
 welfare of society, is  malicious.
  It is not  necessary that a man should have
 a malicious  desire to render  impure the
 fountains of life and corrupt the morals of
 society.   It is not enough that his mind is in
 that condition which  will forbid him to do
an  injury  of this  character; an avaricious
man may not for the purpose of gain distri
bute things in society which are hurtful.
    "If this Jury entertain a reason-
  able doubt either as to the obsceni-
  ty of the book or the design of the
  defenpant to injure  society  by the
  publication   of  this   book,  they
  should acquit him."
    I charge you, gentlemen, whatever  doubt
  you may have as to the obscenity of the book
  or to the  design of  the  defendant, it goes
  properly to the defendant, that is if there  be
  any such reasonable doubt in your  mind as
  to render it uncertain, or  to compel you to
  render a verdict that this is an obscene libel
  Ions book unfit for  publication, why then
  diat doubt is the property of the defendant,
  and it should go to his aequital.
   It appears to  be a fact, without doubt,
  diat he was publishing the book and printing
  it for sale.   The whole defence is not that
  he was not offering it for sale, but that he
  was not offering an obscene book.   There-
  fore there can be no doubt as to the fart  of
  the publication, offering  the book  for sale.
  If there be a doubt as to the obscenity of the
  book, then gentlemen, you  must be clearly
 convinced, of the fact, and  that  doubt  if
 there be such a doubt  is  the property  of
 defendant.
   But gentlemen when  you  look  at the
 book you will  be able to determine that
 question for yourselves, without any expres-
 sion of opinion on my part at this  point  of
 the ease.
   If a doubt exists as  to the design of the
 defendant to injure  society, as I  have al-
 ready  said that goes to his aequital.  It is
 not his view as to what will  injure society
 that is to determine his guilt  or innocence,
 but the question of fact, as to  whether this
 is an obscene libel, or  not,  but if you are
 convinced of it, no matter what may be his
 opinion, it is your duty to convict.
   "If the design of the book was
 to benefit society it does not  show
 malice to take measures to  extend
 its circulatation."
   I do not charge you  that the design of it
 was to benefit society, but  if  you find  :he
 book, is calculated to benefit  society,  then
 there is no malice.
   This subject 1 have already remarked up-
 on.  If it was the design of the publisher to
 benefit society, and he was mistaken,  that
 does not interfere with the injury he does to
 society.   He is guilty of an offence, but if
 the book is calculated to benefit society then
 gentlemen, it is not an obscene libel. If it is
calculated jo benefit society alone,  and not
to injure society, why then, gentlemen,  it is
not characterized  as a libelous publication,
but that is a question purely for your own
examination of the book.
   The Jury rendered a verdict of Guilty. 
54
  T7ie  Commonwealth
               vs.
H)r.  Simon M. Jjandis.
  In the Court of  Oyer and terminer
and Quarter Sessions  of the Peace for
City and County of Philadelphia.

  January Sessions, 7S70.
REASONS  FOE  A  NEW  TRIAL.
  1.—The learned Judge erred in not allow-
ing  either of the following  questions to be
asked witnesses for defendant:
  I. Is there a direct communication between
the brain and genital organs?
  II. What  are uses of the genital organs ?
Are they ever abused through ignorance?
  III. When these organs are abused, how
is the brain  affected ?
  IV. Does  the healthy, natural use of the
genital organs convey impurity to the mind ?
  V.  Are diseases often caused by abusive
sexual intercourse,  especially in woman?
name them.
  VI. Are such conditions favorable to gen-
erate healthy offspring?
 ' Yll. Do you  consider it proper to enlight-
en married  persons upon the natural and
proper use of the organs of generations?
  VIII.  Will this truth tend to improve or
demoralize the  community ?
  IX. Is it lawful, moral, and Godly to im-
prove the human race as well as animals?
  X. Are the morals of any human being
impaired by a proper knowledge  of the
highest use  of the sexual organs ?
  XI. Have you ever known  a case where
the inexperienced wife was injured through
her husband's ignorance of the natural mode
of producing conditions  favorable to  sexual
intercourse ?
  XII.  Does not the information given in this
book complained of, have a tendency to pre-
vent disease, exhalt the idea of marriage,
and render more sacred  sexual intercourse ?
  XIII.  Does not the condition of the moth-
er's mind at the time of conception, vitally
affect the mental and physical organization
of the child ?
  2.—The learned Judge erred in overruling
the question : " Is that an obscene book? " in
language following, to-wit:
  " I think the  fact of its obscenity will man-
ifest itself to any one, and it is not necessary
to call an expert to prove  that, and I  over-
rule the offer to show such a fact ?
  3.—The learned Judge erred  in  over-
ruling the question directed to the  witness
in these words—"Is this information proper
to be given to the public by  a  Physician?"'
  •4.—The learned  Court  erred  in giving
as a reason for  overruling the above  ques-
tion—
   That it was a  question for the Jury—
there being  no evidence admitted  upon
which  the Jury could pass  respecting  the
question.
   5.—The learned,Court erred in  charging
the Jury in words following to wit:
   "Now, gentlemen, in order to justify, a pub-
lication of this  character you must  be satis-
fied in your own minds that the publication
was made for  a legitimate  and useful end 
55
and purpose ; that it was not done from any
wanton motive ; any motive of insrc gain,or
with a corrupt desire to debauch society.
  6-—The learned Judge erred in charging
the Jury in the following language, viz:

  "I am very glad gentlemen, for  my  own
part that this prosecution has been instituted."
We have had a  great  abundance  of  pub
lieation of such books and I have  been in-
formed that many others are  being   pub-
lished in this community, and if the thing
has been neglected heretofo-e, it is  high
time, and I am very glad to  see  that  the
public authorities are  beginning   to  take
notice of it and action  respecting it."

  7.—The learned  Court erred  in  using
the following words in his charge to  the
jury—viz:

  Therefore gentlemen although it is  my
thought, you are   not to  take my  opinion.
but take it from your own examination  of
that book.   From your own sense  of  duty
to  yourself and  to  society.  Therefore  1
think gentlemen  that books of this character
are not needed in society.  If there be any
difficulty in any rase, by reason of disease,
or mal-conformation  or any  thing of the
kind, a proper medical adviser should be
sought to advise respecting it, all other cases
take care of themselves.
   The great trouble is that  there  is  too
much excess of  power  in  this  direction
without informatiom from anybody, without
getting advice from  anybody,  and  it  is  as
much likely to  be correctly  done  without
any instructions of  this character, as  with
them.  If then you have the same opinion
of this book that I have, you  will  condemn
it, then gentlemen you will  find  that this
book also contains directions respecting  a
matter which I think has become  a fearful
crime throughout the United  States, that is
the manner of preventing the natural  oper-
ation of the laws of our being,  the preven-
tion of conception or pregnancy.
   In olden times when every family consist-
ed of ten or twelve children.   I remember,
and  one of my  earliest  recollections  is of
visiting  my relatives  in the  country, when
each of them  had no  fewer  than  ten and
pome  twelve.  I have the good forune to
have ten children* and  during the early peri-
od of my life, I remember every household
and homestead was crowded with children,
and they all tended to be a blessing to socie-
ty and to parents.  But to these latter times
through some process or other, through  some
process of hindrance,  such as are contained
in this  book, families are dwarfed to one or
two children, or  three or four at the  most.
Soeietv hindered the health of  women en-
dangered by the prevention of the natural
of  laws our being in this respect and others.'
  S.—The learned Court erred as to the first
point  when asked to judge, on behalf of de-
fendant, that
"The Law will not presume a com-
munication to  have been  through
malice, which was  made  confiden-
tially  in  good  faith  and in   dis-
charge of a legal, social or  moral
obligation and through benevolence
to the public."
in neither denying or affirming the  same,
but  in using the following language, to wit:
  "  That is so, gentlemen, but the meaning of
it is that if yon are aware  that anybody is
doing  an injury to another, andanything cal-
culated to-do injury generally, and you give
information respecting that in good faith, and
in a proper manner, you are protected.  But
where this is alone for the purpose of mak-
ing  money, without regard to the welfare of
society, and the communication itself tends
to excite passion, and provoke obscenity, why
then in such a case the law does  not hold."
  9.—The learned Court erred,  as  to the
second point when he was asked to charge,
the jury  on behalf of defendant, that
  "If the production was  honestly
meant to  inform  the  public  mind
and warn  them  against  supposed
dangers  in   society—though  the
subject may have been treated  erro-
neously—then, however the  Judg-
ment of the Jury may incline them
to  think  individually,  they should
acquit the defendant.   If the  Jury
doubt   of the  criminal  intention
then also the law pronounces  that
he  should be acquitted."
in neither denying or  affirming the  same,
but  in using the following language to wit:
  " Well, if the publication was proper to be
made, that is so, gentlemen ; but if the inju-
ry is effected by the publication itself, then
no matter howmistaken the party may have
been  in supposing he was doing a good he
is within the law.
  It does not do for men to imagine they are
doing good, when they are doing  things
tending  to  injure and debauch society, and
to think that they are to be justified in theii
act  because men happen to have a different
opinion."

  10.—The learned  Court erred as to the
third point he was asked to charge the jury
on  behalf of defendant, that
  "A  communication  made   bona 
56
fide upon any subject matter in ref-
erence to which he has a duty is priv-
ileged,  if made to  a person  having
a corresponding  duty, although it
contained criminating matter, which
without this privilege would be slan-
derous and actionable."
in neither denying or affirming the same, but
in using  the following  language to wit:
  That is so, gentlemen, for instance  you
have an  unfaithful and dishonest servant in
your house,  and that  servant applies for  a
situation to some other person, and that per-
son desires to know  the character of  that
servant—you are perfectly justified in such
a case, in saying of that servant she is a thief.
she has stolen my goods,—yon have said  it
under a  necessity, and you have stated the
facts  under our  law.  This would  have
been  harder at all times as the law  previ-
ously  was, but some  recent changes  have
been made and it cannot be so regarded at
present, but if  you fail to tell the truth  and
suffer them to  take into their families  dis-
honest domestics as in the meaning of this
law you are not protected but would be lia-
ble.
   11.—The learned Court erred as to the
fourth point, when asked to  charge on be-
half of defendant that
   "If the use to be attained is justifi-
able, as, if the object is  generally to
give useful information to the com-
munity, or to those who have a right
and  ought to know, in  order that
they may act upon such information,
 the occasion is lawful and the  party
 may then justify  or excuse the pub-
 lication."
 in saying "it is so, subject to the  remark I
 have just made.
   12.—The learned  Court  erred as to the
 fifth point, when asked to charge on  behalf
 of defendant that
    "It  is the undoubted right  of ev-
 ery, member of  the communhVv to
 publish his own opinions on all sub-
 jects of public and common interest,
 and so long as he exercises this in-
 estimable  privilege candidl}-, hon-
 estly and sincerely  with a view  to
 benefit society he is not amenable  as
  a  criminal.

    But where public mischief  is the
  object of the act and the means used
  are  calculated to eii'ect that object,
the publication is noxious and inju-
rious  to  society,  and is therefore
criminal."
in using the following words :
  I affirm that  point, it is the point  upon
which I have been talking, where it is i.e-
cessaiy in order to protect society from great
misc lief a publisher is protected but where
the means to do this thing  is in itself mis-
chievous he is not protected.
  13.—The learned Court erred as to'the
sixth point when  asked to  charge  the jury
on behalf of defendant that
   "If the Jury find the teaching of
this  book calculated to  benefit the
persons to whom  it is dedicated—
they should acquit the Defendant."

in neither  affirming nor denying the  same.
but in using the following words :
  Well gentlemen it may be tinder peeul:ar
circumstances, that  a person may derive
benefit from the book, but placed indiscrim-
inately in the hands of persons not requir-
 ing such advice and benefit, and it tends  to
 inflame their  minds, and  is obscene   in
 its character, then gentlemen  it is  not  pro-
 tected.
   It is for you to determine  the character
 ofthebookif  in  your judgment you  think
 the book is fit  and proper for the welfare
 of society, and that such a  book as that
 ought to be published, and it is such  as so-
 ciety demands, and ought to be to go into
 your families,  to  be  handed  to  your sous
 and daughters  and  placed  in  boarding
 schools, and  so   forth,  for  general  useful
 information, why then if that  be the charac-
 ter of the book  it is your duty to  acquit
 the defendant.
   14.—The learned  Court erred as to the
 seventh point when  asked  to charge the
 jury on behalf, of defendant,  that
   "If the Jury believe  the Defen-
 dant have in   view  the benefit  of
 society—however wrong the  ideas
 or  objectionable  the   language—
 there is no malice and he should  be
 acquitted."
 in neither affirming nor denying the  same,
 but in using the  following words:
   Well, gentlemen, his ideas of wrong feel-
 ings or wrong influences of that thing is not
 the question.
   The question  is, is the thing in itself  ob-
  scene and libelous, no matter what opin on
  he has.  The malice of the thing would lie
  in the improper publication of it even meter
  the mistaken view  of the  matter.   But if
  you can abstract from the fact of the  p.bli- 
5?
cation that the idea is gain, then malice may
exist, and is  evident from the  mere fact of
the publication of  an improper book of this
character, where the object is  simply  gain.
Malice  is malus  animus.  The attempt of
any kind, for the purpose of gain, to throw
broadcast on  society firebrands or  publica-
tions of any character tending  to injure the
welfare of society, is malicious.
   It is not necessary that a man should  have
a  malicious  desire to  render  impure the
lbuntains of life and corrupt the morals of
society.  It is not enough that his mind is in
that condition which  will forbid him to  do
an innjury of  this  character; an  avaricious
man may not for the purpose of gain distri-
bute things in society which are hurtful.

   15.—The  learned Court erred as to the
eighth point  when asked to charge the jury
on behalf of the defendant, that
    "If this  Jury entertain a reason-
able doubt either as  to the obsceni-
ty of the book or the design of the
defendant to injure  society  by the
publication  of  this   book,   they
should acquit  him."
in neither affirming  nor denying the  same,
but in using words as follows, viz :
   I charge you, gentlemen, whatever  doubt
you may have as to the obscenity of the book
or to the design  of the  defendant, it goes
properly to the defendant, that is if there be
any such reasonable doubt in your  mind as
to render it uncertain, or  to compel you to
render a verdict that this is an obscene  libel-
lous book unfit  for  publication, why then
that doubt is the property of the defendant,
and it should go to his aeqnital.
   It appears  to  be a  fact, without doubt,
that he was publishing the book and printing
it for sale.   The whole defence is not that
he was  not offering it  for  sale, but that he
was not offering an obscene book.   There-
fore there can be  no doubt as  to the fact of
the publication, offering  the book for sale.
If there  be a doubt as to the obscenity  of the
book, then gentlemen, you  must be clearly
convinced, of the fact,  and that  doubt if
there be such a doubt is  the  property  of
defendant.
  But gentlemen when  you  look at  the
book you will  be able  to  determine that
question for yourselves, without any expres-
sion of opinion on my part at  this point of
the case.
  If a doubt exists as to the  design  of the
defendant to injure  society, as I  have al-
ready said that goes  to his aequital.   It is
not his view as to what  will  injure society
that is to determine his guilt  or  innocence,
but the question of fact, as to  whether  this
is an obscene libel, or not,  but if  you are
convinced of it, no matter what may be his
opinion, it is your duty to convict.

   16.—The learned  Court  erred as  to the
ninth point when  asked to charge the jury
on behalf of defendant, that
   "If the design of the  book  was
to benefit society it does not  show
malice to take measures to  extend
its circulatation."
in neither affirming nor denying  the same,
but in using the following words:
   I do not charge you that the design  of  it
was to benefit society, but if you  find the
book, is calculated to benefit  society, then
there is no malice.
   This subject 1 have already remarked up-
on.  If it was the design of the publisher to
benefit society, and  he  was  mistaken, that
does not interfere with the injury he does to
society.  He is guilty of an  offence, but if
the book is calculated to benefit society then
gentlemen, it is not an obscene libel. If it is
calculated 10 benefit society alone, and not
to injure society, why then, gentlemen, it is
not characterized as a libelous publication,
but that is a  question purely  for your own
examination of the book.

   17.—The verdict was against the evidence
and the weight  of evidence.

   18.—The verdict  was against the  law.
                 DAMON Y. KILGORE,
                      Att'y for Defendant.
Philadelphia, January 17,1870. 
                                58

          ARGUMENT
                  IN SUPPORT OF A MOTION FOR A

                            BEFOEE

Hon.  Wm.  S.  Peirce, Associate  Justice,
        3ty 2>amon   T.  Mlgore,  Usq.,
                     JANUARY  21, 1870.
not only the liberty of the citizen, but the
liberty of the press, in this age and  in this
country, where that  liberty  is guarded by
the jealous interest of all the people.
  The Secrets of generation, which you
call obscene, was written to promote the
happiness of families, by teaching men and
women  the highest practical  lessons  of
morality and  virtue.  It  was  written  to
enable them, in obedience to the laws  of
God, to become fathers  and mothers  of  a
nobler race.  This book teaches  the science
of human life, its origin  and  perfection.
It was written and  published by this de-
fendant with as  pure  a  motive as  ever
inspired a human  being.   In this faith  I
ask your Honor to reverse the decision you
have  made,  in  condemnation  of  a  book,
containing  truths of the highest  interest to
those who  will come after us, and  who  as
a higher court, will review our acts to day.
   I said this case was  important,  because
it had  to  do with principles.   Men pass
away.  Generations are  as shadows but
principles are eternal.  With the most pro-
found personal  respect for the Court,  as
well  as the highest confidence  in your
Honor's endeavor to rise above  all political,
social or religious prejudice in the  decision
of this question, I shall  speak  plainly and
without reserve.
   My learned colleague took  the ground
in bis able opening for  the defence, that
Mat it please your Honor :
  The human mind is not perfect.  It  is
finite  and therefore  liable to err.  Belief
does not depend upon  volition, but upon the
evidence presented, and the capability of the
mind  to appreciate or  weigh that evidence
Be it desirable or otherwise, whenever the
evidence is  sufficient  to  overcome  former
opinions or prejudices, the result is inevitable:
our belief of yesterday, gives place to a high-
er one to-day.
  In appearing before your Honor, to ask
you to review your decision of but yesterday •
and as a magistrate, and  as a man, (for  a
man is greater than a  magistrate) to  pro-
nounce upon your own handiwork.
  I should hesitate  to say what I am about to
sav. did  I not nlae.e a  hich«r psfimuto nnnn
your Honor's integrity and candor, than the
majority of mankind. Most men are slow to
acknowledge  and  mend their own faults:
though quick  to  see  the faults of others.
However  erroneous may have been  your
Honor's decision on several points involved
in this case, I  am sure your  high sense of
duty to yourself, society, and  this defendant.
will outweigh all  considerations of personal
popularity  or pride; and that you will pass
your own work in review with a conviction
and consciousness of being in the presence
of that  Great Judge from whose  decision
there is no appeal.
   This is  no  ordinary  case.  It involves 
59
this book called the Secrets of Generation
was a strictly  scientific and  medical work
and as such, by the law, is privilged.   We
lepeatedly urged that what would be wrongs
in a newspaper, Byron, Pope or Shakspeare,
is neither obscene nor  objectionable  in a
work like this—a work under  the  seal of
privacy—sold  only  to  married  persons,
written by a physician  upon  physiological
and hygienic laws.   This was of vital im-
portance to  this defendant, and as  I  think
improperly  overlooked  by your  Honor in
your charge to the jury.
   The first  reason for new trial, or in sup-
port of  the motion for  a rule to show cause
why this question  should not come before
:he Court in Banc, is the error of the learned
Court in not allowing either of the foregoing
questions to be asked  witnesses for the  de-
fence.  These questions,  which I will  not
repeat,   were carefully  prepared  by me  to
show the correctness and value of the Se
Crels  of Generation.   They are based  upon
medical science, as it is understood to-day by
scientific, medical men, and I think it  was
error not to allow them to be put.
   The  jury, being neither scientific nor med-
ical men, were entirely incompetent to pass
upon the contents of a medical book.  The
evidence of medical men as experts should
have been  allowed as to whether the  " Se-
crets of Generation"  was  a scientific  or
medical work, because  if  so, the law  is
changed respecting  it—grants to it certain
immunities withheld from mere literary pro-
ductions—makes it a privileged work.   This
testimony should have  been allowed also  to
 prove the truth of the principles enunciated
 jn the book, and their importance to the hu-
 man family.   And although your Honor was
 particular to tell the jury you thought it use
 less, and that its tendendcy was  to do more
 mischief than good to society; and although
 the jury might have come to the  same con-
 clusion, still  it was  the defendant's right,
 under  the law, to have its benefits shown
 and I submit medical men were the proper per-
 sons to weigh those benefits.
    If your Honor will notice  the parts com-
 plained  of, under  the head "  How  and
 When  to Generate Healthy and Talented
 Babies," you will see that after referring to
what  science has  demonstrated within  the
last hundred years, in reference to the  im-
provement of animals, the defendant  states
how  much  more important it is for us to
know the laws of  nature respecting a right
generation of human beings, and what those
laws are.  Touching  that very point,  I pro-
pounded the question  " 7s there a direct com.
munication between the  brain and genital or-
gans 1"   To a superficial mind this question
might seem  irrelevant, but it went directly to
the heart of  this case.    If I had  shown
there was such an intimate relation between
the brain and the genital  organs, that  the
state or condition of the brain at the time of
conception, stamped the child with that con-
dition, whether  good  or bad throughout his
earthly life, it  would have corroborated  the
statements of Dr. Landis,  in  the  chapter
most  complained of.   I asked the question
" What are the uses of the genital organs 1"
in order to show that  their highest and nor-
mal use is theproduction of human beings—
starting  in  its career  of life, a human soul.
We should have shown further by the ques-
tions which followed that these organs were
frequently abused through  ignorance of the
very facts contained in the  Secrets of Gene-
ration, written by this  defendant.
   We should  have,  shown  further, that
when these organs are abused, the brain is
affected, and incalculable evils result  to the
race  in consequence.  All this testimony
would have justified the publication  of  this
book ; upon humanitarian grounds and thus
it would have borne  upon  the motive  of
Doctor  Landis ;  for  after  all  this  man's
guilt  or  innocence, is  to  be  determined by
two questions.  1. Is the Secrets of Gkn-
euation an obscene  book ?   And  as  the
jury simply sustained your  Honor's opinion
of it.    "2.  What were the defendant's mo-
tives in publishing it? If there was no mal-
ice, there could have been no guilt.  To con-
stitute a libel, there must be some wicked in-
tent,  some  malice expressed  or  implied.
Without actual or constructive malice,youcan
not convict  this defendant  under the law,
no matter how obscene the book might be.
The Commonwealth will not, for a moment,
contend that there is  any  express malice,
and we desire to  show  there  can   be no 
60
constructive malice in a case like this.  I
now call your Honor's  attention to "The
Physical life of Women, containing advice
to the maiden, wife and mother,^  written  by
Dr. George H. Napheys of this city.  In this
book, I find testimonials, of its high charac-
ter, from some of the  most distinguished
Doctors of Medicine and Doctors of Divinity
(a sickly  divinity  that  needs  medicine)
known  throughout the land.  William A.
Hammond  late  Surgeon-General  of  the
United States Army, says he hopes "it  will
reach every woman  in the  land."  Horace
Bushnell D.  D. of  Hartford,  whose  late
effort  against  giving  woman  the ballot
should  give  his opinion  weight with all
conservatives in their dotage, says "this book
will be  a great help."  I see also the names
of "Rev. George Alexander Crooke  D. D.,
D. C. L.; Rev. George Bringhurst, Rector of
the P. E. Church of the Messiah; the Libra-
rian of the  Philadelphia Library and the Ex-
Principal of the Phiadelphia High School.  I
bought this book of a  woman canvasser
more to encourage her in self support  than
for anything contained in the book.
   I did not know until this morning that it
contained  almost precisely  the same in-
formation,  given in the Secrets  of  Gener-
ation.  This  Author in speaking of animals
says, on page 130.  "If you wish to produce
"females, give the male at the first signs of
"heat; if you wish males, give  him  at  the
" end of the heat."
   " Dr. Napheys applies this  law  to  the
" human race  and  quotes Dr.  Packman's
" statements, published in the London  Lan-
" cet, that "in the human female, conception
"  in the   first half  of the  time  between
" menstrual  periods produces  female  off-
" spring, and  male in the latter."  He quotes
also from  the  Philadelphia  Medical  and
Surgical Reporter for  February 8 ] 868, to
prove   the truth  of this  law.   He  speaks
of the  improvement of  animals by knowl-
edge of these laws of   procreation,  and
urges the  application of science to genera-
 tion of human beings,  as  a  matter of
 " national concern.''
   Mr Dwight.—I   think  we   have  some
 right to confine our  friends to the theme  of
 discussion.  I do not think  it   turns  upon
 some  other book which  contains  the  same
 facts,  but whether or not the jury have  the
power to determine.   I think it is improper
and I object to it, because we  have  got  to
answer this, and we have the right  to  de-
mand to answer only those  things  which
are legitimate to it.
  Mr. Kilgore.—The point  to  which  the
learned assistant  District Attorney referred
is not the one now under discussion.  I am
now  showing legitimately  and properly,
that the Judge erred in not allowing these
questions which had a direct bearing upon
the very heart of the defence,  to be asked
our  witnesses.  And I  can  assure  that
gentleman, he will  get  through with this
case much sooner if he will leave out these
childish objections.
  I asked the question, whether diseases of
women, were not caused through ignorance
on the part of husbands of the  very truths
contained in  the  Secrets of  Generation.
This was ruled out.   Your Honor referred
to the fact that there was too  great exercise
of power in this direction, and we designed
to prove that in consequence of this excess
of power, used unwisely and ignorantly, the
information  in Dr. Landis'book was needed
and that It would  do incalculable good, in
wisely directing this power.
   The District Attorney complains that Dr.
Landis, in striving to prevent these evils, has
given instruction in reference to the proper
conditions for the consummation of the mari-
tal relation.   He does not say the instruction
is not natural, that it is not true, but it is "ob
scene," and leaves a question of the highest
importance  to women, and to generations yet
unborn, to be decided by  an  ignorant jury,
without allowing  one particle of light to be
thrown  upon the subject by medical  ex-
perts, who above all others should be  com-
petent witnesses in this matter.
   Dr. Napheys says, on page 70,  " It some-
" times happens that marriage is consumma-
" ted with difficulty.  To overcome this, care,
" management  and forbearance should al-
" ways be employed, and anything like pre-
" cipitation  and violence avoided.   Only the
" consequences of unrestrained impetuosity
 "are to be feared.   Violence then can only
 *' be productive of injury and is not without
 " danger."
   On page 115, in giving directions,  " how
 to have beautiful children^' this author says—
 " To obtain  this  desired  end, conception
 " should take place, only when both parents 
61
" are in the best physical  condition, at the
" proper season of" the year, and with mutual
" passion.  The body of the child can be in-
" Huenced by the  mind  of the parent, par-
ticularly the mother"
  We endeavored to prove by these questions
that the information in the Secrets of Gen-
eration, published  by  Dr.  Landis,  was
needed and that  it  was calculated  to do
great good.  In corroboration  of the truth of
this position, which your  Honor denied in
your charge to the Jury, I again quote from
this book which has  been so  highly recom-
mended not to married persons only, but for
general circulation.
  On page  69  this Author  says,  "The
" Great object of the  Conjugal  union is
" THE  TRANSMISSION of life.—a duty ne-
cessary in order to repair the constant  rava-
'• ges of death, and thus  perpetuate the race.
" In the fulfilment of this  sublime  obligation
'• woman plays the more prominent part, as she
" is the source  and  depositary  of the future
" being.  It is of moment, therefore that she
" should not  be ignorant of the nature and re-
" responsibilities of her position.  Ignorance
" HERE MEANS SUFFERING, DISEASE AND  80ME-
" times   death.    Let  us then  interrogate
" science in regard to these matters,  among
" the most interesting of all humun concerns.''1
   Noble words, Doctor  Napheys!  Precise-
 ly the ideas and almost the same  language,
 Dr. Landis published  in  the Secrets of
 Generatign, four years ago.
   The questions which your Honor ruled out
 were relevant in  determining the character
of the book—whether it was obscene or not
and whether its teaching was true and fit
 for publication.  They were relevant in
determining the motive of the  defendant,
even if the book, was not fit for publication
and general circulation.
   Court.—Have  the  jury not  a right to
 determine from the book itself whether  it
 was an obscene libel or not ?
   It was wholly  inadequate whether the
 facts stated  were true or false; admitting  it
 to be right, if it  was not  a subject  fit for
publication and general circulation,  as has
 not been proved in this case,  as  has been
done by Doctor Landis, why tjien it was an
obscene libel if it proceeded  from a  mali-
cious motive, but they  were  to  determine
that question from the  evidence in the
case.   I may  probably  admit to day the
correctness of the positions for  which vou.
contend here, if all the facts be true.
  Mr. Kilgore.—Then the law is mistaken
your Honor, for I have it here.
  Court.—I put several  cases  in  point,
one of an exposure before a medical class,
and another in  the  street  which  would
have  been indecent.
  Mr. Kilgore.—I will answer that point
presently.
  Court.—You do not propose  to  say  that
such an exposure would not be indecent.
  Mr. Kilgore.—No sir.   But that  has no
application to this case.
  These questiens refer to medical science,
and  the well  known  maxim in  law  of
Quique  sua  arte  credendum, permits these
medical gentlemen  " to  be examined on
questions of art and science, peculiar to their
trade  or profession," as was ruled in the cas*
of Winans v. N.  Y.  & Erie R. R. Co., 21,
Howard's Reports, p. 88.
  Your  Honor took the law which applies to
this case.entirely away from it,and had you
followed the well settled decisions upon that
point, anil others, this defendant would never
have  been convicted.
  Had we  been permitted to  prove to the
jury the true character of this book—the ne-
cessity for its publication and the amimusof
the author,by the nineteen  medical  gentle-
men  who were ready to swear  that it is not
obscene, there  was  not a man on that jury
who would have dared to convict Dr. Lan-
dis, unless  he  did it out  of respect to the
Court.
  Court.—They  very seldom do that.
  Mr. Kilgore.—I  think they did  in this
case,  your Honor.
  In  charging the jury, you stated that there
was a heinous crime practiced in  the com-
munity—the crime of preventing conception.
If your  Honor please, this is a great mistake.
The  difficulty  is, there  is not prevention
enough.  Not only are men and women be-
coming  physically weak, but  they are also
becoming corrupt, especially  in  the large
cities.
  Our modern civilization not  only  substi
tutes carbonic acid gas for pure air, but our
fashionable  women  are  mere ornamental
dolls,  incapable of mental or physical labor,
living aimless and worse than useless lives 
62
because it is etiquette for them to do so.   If
they have children, it  is  vulgar to exercise
over them a mother's care, and  thus  nine-
tenths  of all  the children of wealth are
turned over to the tender mercies of ignorant
nurses to be spoiled before they come  from
the nursery.
  For the laboring classes, it is an  absolute
necessity to prevent having  children, be-
cause the times are so hard it  is  impossible
for parents  to  support and  educate  large
families.  At this time it  is a struggle  for
life with many parents  in  consequence  of
our ignorant und  venal legislation, in  favor
of gigantic corporations and against  the  in-
terests of all who labor—making  the  rich
richer and the poor poorer.  Ah, sir,  these
people who have been  reared  in  luxury,
have little sympathy  with those  starving
with hunger and  pinched with cold, whose
necessities compel them  to prevent  having
children and who often resort to  the crime
of abortion, because they are unable  to sup-
port those they already  have.  Dr. Landis
tells them that prevention is infinitely better
than abortion.  He tells them that  if  they
will gratify their passions, it is  better  to
prevent conception by natural means, than
to generate unwelcome children, into whose
very souls is organized  the  mothers  hate;
children of disease and lust, who by Nature's
law, develope into  criminals.   He  tells
women not to use drugs  which  jeopardize
their lives, but  to follow Nature's laws  in
preventing the generation of that  life they
would afterwards seek  to destroy.  Thus
he warns people against  a sin  which has
become  so common  in  fashionable  and
aristocratic life;  a  crime  so  entrenched
within the pale of  respectability in Church
and State, that it  already threatens American
civilization.
   In these views, this defendant does  not
stand alone.   His  position is sustained  by
all the best writers on this subject on both
continents.  Doctor Napheys  after  devoting
ten pages to the  prevention of conception,
winds up the argument as follows—
   "Should our position  be attacked, how-
" ever, the medical man must know that  in
"opposing our  views,  he opposes  those  of
" the molt distinguished  physicians in this
" country and in  Europe; and  the theologian
" should be  warned that  when a  neglect
" of physical laws leads to moral  evil, the
"only way to correct this evil is to  remedy
" the neglect.   In this case the neglect is  in
"over-production,—the evil is abortion."
  Doctor E. B. Foote, in  his  book  entitled
Social Life, published this year by Wells
and Company of New York, says  on  pane
876, "considering the incontrovertible  f.iets
"that  many  people,  in consequence  of
"constitutional ill-health,  inherited scrofula,
" family predisposition to insanity, indigen-
" cy. or of too  rapid child bearing,  should  be
" provided  with  means  for  regulating  nr
"restraining procreation,  it is surprising that
"anybody  possessing   a  thimble  full  of
" sense, who is not impotent, should question
" for a moment the propriety,  nay,  the  ne-
" cessily of informing the  people as  to the
" best means science has yet devised for the
" purpose."
  Court.—The command to multiply, and
increase and replenish the earth was  given
to Adam and  Eve.  It does not hold  now?
  Mr. Kilgore.—Yes sir—it  is in  force
now.   But God did not command  people  to
multiply criminals; to  replenish the  earth
with  licentious and intemperate children.
He spake to our  first  parents as  he  made
them free from the  diseases  and  excesses
of modern civilization.   He desires  healthy
people, who live in accordance with natural
laws, to obey the same command now.  My
client says the same thing.   The reason  he
objects to  some  people  carrying  out thai
command is, they transmit their own wicked
desires and evil propensities;  their  imper-
fections  and  impurities  to  their  offspring
and thus render  life to them a curse, rather
than a blessing.
  Why sir, look  at the great number  of
charities around  Philadelphia for  the sup-
port of those who are  unable to  take care
of themselves.  If the advice of Dr. Landis
 were followed, such institutions  would  be
superfious, because all would have enough
 to satisfy their wants.
  I now pass  to the  second  point,  viz.
"The  learned  Judge   erred  in  overruling
 the question "is that an  obscene  bookV  in
 language following to  wit:  "The fact  of
 its obscenity will manifest itself to any one."1  1
 submit, your  Honor, this  was realty,  the
 Judge taking  the question of fact out of the
 hands of the jury and deciding  the  question 
63
for them.  They were  bound  to convict
under such ruling; it would have been disre-
spect to the Court  to  have  acquitted this
defendant.  If your Honor's integrity did not
stand so high  in the opinion of your  fellow
citizens, such a  remark  would  not  be  so
dangerous—but so above suspicion  is  your
Honor's  character  that  your words  have
great weight,  and to pass your opinion upon
the fact as to  whether or not  the   Secrets
 df Generation is obscene,  in presence  of
 the jury  is dangerous to  liberty  and  the
 rights of every citizen.
   Court.—In the Supreme Court in a case
 of homicide, involving life  and  death, the
 Judge may express his  opinioij as  to the
 evidence and as to  whether the  facts  made
 out the case,  leaving it however to the jury
 to determine  for themselves.
   Mr. Kilgore,—But that is not going as
 far as you went in  this  case.   It  is proper
 for the Court to say if you believe  such and
 such facts, then it is your duty to convict or
 to acquit as the case may  be.    I  do not
 think the Court has any right  to go any fur-
 ther.
   Mr. Gibbons.—It is done  every  day in
 this Court.
   Court.—I think  at  one  time during the
 trial of homicides in Philadelphia  that there
 were no convictions, and the judges  held  a
 Court of Oyer and Terminer and expressed
 most emphatic opinions  with happy results.
    Mr. Kilgore.—I have no doubt it is ne-
* cessary sometimes  forjudges tospeak point-
 edly in regard to the bearing of certain facts
 —but it is not according to law for judges to
 decide facts which  belong  to the jury.   If
 courts have that right, juries are superfluous.
    In regard to the third reason—I think
 the court erred  in  overruling the  question,
 " Is this information proper to be given to the
 public by a physician?   This is a question
 going directfy  to  the  gist  of  the  offence
 charged against this defendant.  The law
 says:
   In a criminal  prosecution for a libel, "the
 "defendant may repel the charge by proving
 " that  the publication  was for a justifiable
 " purpose, and not malicious, nor with the
 " intention to defame any man.  And there
 " may be many cases where the defendant
 "having proved the p.irpose justifiable, may
"give in evidence the truth  of the  word-^,
" when such evidence will tend to negative
" the malice and intent to defame."  Common-
wealth vs Clapp, 4 Mass., 163.
  As his book  is a medical  book,  written
by a physician, upon the  laws of health,this
defendant had a right to  prove, by the only
persons competent to testify on the subject
that the information  contained in  the book
was proper to be given  to the public by a
physician.   And  if we had proved that, and
also that the book was calculated to do good,
he  could not have been  convicted.  Again,
the laws says:
  " Eveny  wilful and unauthorized publica-
" tion injurious to  the character of another, is
" a libel; but when the writer is acting upon a
" duty, legal or moral, towards the person to
" whom he writes,oris bound byhissituatio.i
" to protect  the interest of such person, that
" which he writes under such circumstances
"is  a privileged communication unless the
" writer be actuated by malice.  Cockayne <Sr
Hodgkmson, 5  Car. $ Pa., 543.
   "A privileged  work means nothing more
" than that the  occasion of making it rebuts
" the prima facia inference of malice arising
"from the  publication of matter prejudicial
" to the character of the plaintiff, and throws
"upon him  the onus  of  proving  malice in
"fact."   Wright fy  Woodgate, 2  Cromplon,
 Meeson Sf Roscoe,  573.
   The  Supreme  Court of the United States,
 decided that "  Wherever the author or pnb-
 " lisher of the alleged slander acted in  the
 " bona fide discharge of a public or private
 " duty,  legal or moral " such communication
 " is privileged.   White fy Nicholls,  3 How-
 ard 2G7.
   ■'The rule of  evidence, as to such cases
 ■'is so changed as  to  require the plain-
 " tiff to bring home to the defendant, the ex-
 " istence of malice, as the true motive of his
 " conduct."  Rid.
   "As the offence of publishing a libel con-
 " sists  in  the  malicious publication of it,
 " which as  already stated, is  in general in-
 "ferred from the  words  of the alleged libel
 "itself, it is competent  to the defendant in
 " all cases, to show the absence of malice on
 " his part."  Roscoe s Criminal Evidence, 538.
   Again, the learned Court erred in   saying
 it was a question for the jury  to  detemine
 from the evidence when every particle of
 testimony on the subject  had  been  ruled
out.
   In saying in your charge, "7 am very glad
gentlemen for my  own part, that this  prose-
cution has been  instituted,"   I  thin*  your
 Honor committed a grievous error   It was 
calculated  greatly to  prejudice  this  de-
fendant in the minds if the jury.   If such
expressions are tolerated from Judges, then
farewell to the rights of defendants in trial
by  jury—farewell to  liberty  and  justice.
At  some  future  time, not  far distant,  a
Jeffreys might occupy  that seat you now
honor, and as public prosecutors are  always
the tools of power, it might come to  pass,
that he would attempt to  put out ofthe way
of his own ambition every honest man who
opposed him, and with such  a Judge  and
such precedents it could easily be done.
  Court.—In Kilpatrick's case,  the  Su-
preme Court decided  that  "a Judge may
rightfully  express his opinion  respecting
the evidence, and it may sometimes be his
duty to do it, yet not  so as to  withraw  it
from the consideration and decision of the
jury.
  Mr.  Kilgore.—Exactly.   That  is  just
what we say, but what we complain  of  is,
your Honor did so express yourself as  to
withdraw the vital points in  the  case  for
the consideration  and decision of  the jury.
Your Honor left nothing for the jury  to do.
   Court.—The book  may be  true  to the
very letter and yet it may be obscene.
   Mr. Kilgore.—If it  be obscene,  and  is
truth the law acquits the defendant.
   Court.—Suppose  it  were   a   painting
exhibiting any human being,  every line  of
which was  true, every particle  of the
organism depicted and  then  it should   be
advertised in  a room  for anybody  to see
for 25 cents that is an obscene libel.
   Mr.  Kilgore.—Do  I  understand your
honor, to intimate that there would be  any
difference in the act  whether  it was  gra-
tuitous or whether 25 cents  was charged
for the right?
   Court.—So I understand it.
   Mr.  Kilgore. —I  noticed  this  morning
on  my way here a beautiful cast in  plaster,
representing the human  female naked,  in
a  window on   Chestnut  street.   In the
Academy of Fine Arts,  women  are paid
to go and  expose their bodies naked  as
they were  born, and artists  of both  sexes
go thereTO draw  pictures  of their  bodies
from nature.
  Court.—I do not think there is anything
of the kind done.
  Mr. Kilgore.—But it is true your Honor,
nevertheless.
  The learned Court erred in  using the fol-
lowing words:
  Therefore I think gentlemen that books of
this character are  not needed in society.  If
there be any difficulty in any case, by reason
of disease, or mul-conformation or any thing
of the kind, a proper medical adviser should
be sought  to advise respecting it, all  other
cases take care of themselves.
  The great trouble is  that  there  is  too
much excess of   power  in this direction
without information! from anybody,  without
getting advice from anybody, and  it  is  as
much likely to be correctly done  without
any instructions of  this character, as  with
them.  If then you  have  the same  opinion
of this book that I have, you will condemn
it, etc.
  Now if your Honor please,  your  opinion
as to whether or  not this book  is  needed,
should never have gone  into that jury box.
Neither should you  have said to the  jury "if
you have the same  opinion of this book that I
have, YOU WILL CONDEMN it."
  That one expression was enough  to make
the jury condemn  the book.   And yet I could
have proved just  the  opposite  by nineteen
physicians had they been permitted to tes-
tify.
  Mr. Gibbons.—I do not think your Honor
is responsible for  the  bad English  he has
been quoting.
  Mr  Kilgore.—And the bad law  I  hope  »
your Honor will correct for the benefit  of
the District Attorney.
  I have  shown by  the  latest  and  best
medical works,   that   this  information  is
needed in society.  Doctor  Landis,  has felt
the  importance of giving the  people  light
on these subjects,  for many  years.
  The District Attorney  objected 10  some
ofthe terms used by the  Doctor.
  Mr. Gibbons.—Will you allow  me  to
correct you—I did not object to any  particu-
lar word.
  Mb. Kilgore.—He  marked  a  few  sen-
tences which he regards as  obscene.   The
jury did not read  a hundreth  part of the
book.  As it was all put in  evidence,  we
had the right to have it taken as  a  whole.
I do not  think any honest, pure  minded 
65
man,  can  read the  entire  book  without
being convinced that the Author's  motive
in writing it was good.
  Some few passages on this book, as well
as in the Bible may be found  objectionable
but the whole spirit and tenor of the book,
dispels every impure thought.
  The book taken  has  a  whole  would
never have convicted him.
  Court.—The juries are very queer, they
do not care much  for the Judge  nor any
one else.
  Mr. Kilgore—That is the best  evidence
that they needed the testibiony of the best
experts to inform them  on difficult  points.
  Court.—It was not  the  same  kind  of
information they needed as in your case.
  Mr. Kilgore.—I  noticed   the  District
Attorney   stood  aside   a  great  number
of  working  men  in   selecting  the  jury,
and  I  inferred,  he   was  trying  to get
men of leisure, retired gentlemen, who  have
no business, who would be  pretty sure  to
convict  this  defendant.  Idleness  is  the
parent of  crime—the  devil  always  finds
plenty of work for idle  hands to do.
  Mr. Gibbons.—I do not like  to  interrupt
my friend, but there was not a man on the
jury who was not a  respectable,  working
man, not one.
   Mr. Kilgore.—I noticed he never stood
aside any except working men—and he ap-
peared very anxious to  get  those  described
as gentlemen.   However it  is possible he is
not quite so bad as I supposed.
  I now come to consider  those  points of
law we asked your Honor to affirm  in your
charge to the Jury.
  When requested to charge that,
  " The Law will not presume a communi-
" cation to have been through malice, which
"was made confidentially in good faith and
" in discharge of a legal, social or moral obli-
" gation and through benevolence to the pub-
" lie,"
  If you had simply said, I affirm  that point
the  jury   would   have  acquitted this
defendant.   But   you  said—•'That is so
gentlemen, but  the  meaning  of  it  is
that  if   you are  aware that anybody is
doing an injury to another, and anything cal-
culated to do injury generally, and you give
information respecting that in good faith, and
in a proper manner, you are protected.  But
where this is alone for  the purpose of mal;-
                    5
ing money, without regard to the  welfare of
society, and the communication itself tends
to excite passion, and provoke obscenity, why
then in such a case the law does  not hold.  '
  This language was calculated to mislead
the jury.   It  was  calculated to  strengthen
the false position taken by the District At-
torney—that the Doctor's description of cop-
ulation for useful ends was as obscene as the
lewd picture shown by Sharpless for money,
without any design to benefit anybody. The
"Sharp-Shooter" was put  in  evidence to
prove money was the object and  purpose of
publishing this book . and not " benevolence
to the public." The distinction between med-
ical or privileged works and  such  vile trash
as was sold by  Scroggy, was entirely over-
looked.   The District Attorney argued tha*
because the Secrets  of  Generation were
advertised for sale, it was prima facie evi-
dence that the sole  purpose, of this  defend-
ant in publishing it, was mere gain, and your
Honor everywhere in your charge, strength-
ened this view ofthe Commonwealth's offi.
cer.    You  also  took  it for granted  be-
cause the book  was  advertised for sale by
letter through the  post  office, that children
could purchase it, which was not true.  Dr.
Landis always carefully guarded  its sale, so
that it never went into the hands of children.
   No  malice  was proved,  because none
existed and it was contrary to law  to pre-
sume it.
   Constructive malice can only exist where
the act itself is so wicked that the safely  of
society  requires that  tke  doer should be
punished as if he were malicious, or where
it would be impossible for a person  to do
so wrong an act unless he was actuated by
malice.   Now  sir, no one will pretend this
applies  to  the  Author  of  Secrets  of
Generation.
   The District Attorney has referred to  the
common law respecting libel.
   Why sir, it has always been  regarded a
great offence.   By the Roman law it was
punished with great severity, and  I  think
the twelve tables male it a capital  offence.
Libel  is  derived   from   the  Latin  word
libellus, which  signifies  a little  book.  In
the criminal law of the  Romans  the  word
famosus which signifies scandalous  or ma-
licious, was  used   to specify the kind of 
66
book which the law condemned.   In accu-
rate legal  documents  in  England  the
expression libellus  famosus  is  translated
defamitory writing.
  Lord Chancellor Lyndhurst said he never
met with a definition of libel  which exactly
si.ited him.  In "The People vs Croswell,"
3 Johnson's cases, 354 I find the  following
definition  of  a  libel.  "A censorious  or
ridiculous writing,  picture or  sign,  made
with a  mischievous and  malicious  intent
toward government,  magistrates,  or  in-
dividuals."
  In no law book, from the time  the  word
was first used,  is  there  an instance where
malice did not enter into a libel.   The defi-
nition I have just read, is approved in 9
Johnson's Reports 214, and more recently
in Denio's Reports 347.
  Now sir the essence  of the offence of
libel lies in its being dangerous to the public
peace.
  Precisel}  on  the same  foundation   as
slander, with this distinction,  that  the law
considers  that  words,  which   while only
spoken, are fleeting and transitory,  become
fixed and  permament  by publication, and
for  this reason their capacity  to stir up to
revenge and violence  in  a breach  of  the
peace,  is vastly increased.  For this reason
libel was  indictable  under  the  common
law as the District  Attorney   said,  while
slander  was   never   indictable.   But  the
common law did  not permit the truth to  be
given  in  evidence  because, according  to
Lork   Coke,  (5  Co.  125)  "the   greater
"appearance there is of truth  in any  mali-
"cious invective,  so much  the more pro-
"voking  is  it."  Lord  Mansfield   stated
the same  doctrine  in  his famous  saying
" the greater the truth the greater the libel."
By  your  Honors  ruling  I  had  almost
concluded you held to the same opinion now.
  But  sir  in 6 and 7 Victoria, ch.  96 it is
enacted that "truth should be a  defence if it
was published  for the public benefit," or in
other words,  "through benevolence to  the
public."
  Youi Honor doubtless  remembers  the
great case ofthe people of New York vs
Crosswell in 1803.   This  was an  alleged
libel of Thomas Jefferson.  The  question
whether the truth  could be  given in evi-
dence as a  defence  was  ably  argued  by
Alexander Hamilton, then  in his prime,  on
the affirmative but the court was divided,
Justices  Kent  and  Thomson  agreed with
Hamilton,  while  Lewis  and  Livingston
dissented.    The  verdict  having   been
against the defendant, and the Court  being
equally divided,  Judgment would   have
been pronounced, had not  the  Legislature
in 1805 enacted a law declaring "that the
truth should be a defence, provided it  were
published with good motives and  for  justi-
fiable ends."
  Either by constitutional provision, legisla-
tive enactment or adjudication ofthe Courts,
this is now the  law, in  every State  in the
Union.   If I mistake not, in the case of the
Commonwealth  vs. Daniels, this State took
the lead in this reform.
  In the case of the  State   vs. Burnham, 9
N. H. 43, the Supreme  Court decided that
in a case like this, "If the defendant justified
"by 'showing truth' his  motives are not in
"question.   If  upon  a lawful occasion for
" making a publication, he has published »he
" truth and no more, there is no round  prin-
" ciple which can make him liable, even if he
•' was actuated by  express malice."  It has
" been said that  it is lawful to publish  truth
" from good motives and for justifiable  ends.
" But this rule is too narrow.  If there is a
"lawful  occasion—a legal  right to make a
" publication and the  matter true, the end is
"justifiable.
  In  the case  of  the  Commonwealth vs.  #
Clapp, 4 Mass. Reports, p. 163.   It was held
that " the defendant may repel the charge
"by proving the publication was for a  justi-
" fiable  purpose  and not malicious nor  with
" the intent to defame any man."
   In a  medical book like  this, privileged
under the law, these decisions all goto  show
it is the duty ofthe Commonwealth to  prove
malice for  it  cannot be  presumed.  The
burden  of proof is not  on  this defendant,
although we could have shown a total  want
of malice, had  you  not   kept  out  our
witnesses.
   Court.—I put in substitutes.
   Mr. Kilgore.—Yes, your  Honor put  in
opinions but you ruled out  testimony wnich
would have acquited my client.
   We offered  to prove that  the  book  was
sold only to adult persons—that  Dr. Landis 
67
 did not sell to agents  but sold this book
 only at his own  office corner of  Girard
 Avenue and Thirteenth street.  We offered
 to prove that he  gave  five  sixths  of  his
 income for the purpose of  enlightening  the
 people on this and kindred subjects,  during
 the last year; that the book was calculated
 to benefit, not demoralize society,  that it
 was a medical work much needed, and  not
 obscene, and  you ruled it all out.  Your
 Honor ruled out all our offers to prove  the
 truth  of this publication,  and  distinctly
 charged the jury that it made no diiference
 whether the book was true or  false,  when
 the law distinctly says that  in case of a
 privileged  communication 'the defendant
 may justify by showing the  truth,  his  mo-
 tives  are  not  in  question."   State   vs
 Burnham 9. N. H. 43.
    I now come to the fifth reason.
    The learned  Court  erred  in  charging
 the Jury in words following to wit:
    "Now, gentlemen, in order to justify, a pub-
 lication of this character you  must  be satis-
 fied in your own  minds that the publication
 was made for a legitimate and useful  end
 and purpose; that it was not done from
 any wa«riton  motive;  any motive  of mere
 gain, or with a  corrupt desire to  debauch
 society.
    These remarks were calculated  to make
 the jury believe that The Secrets of Genera-
 tion was in the  same category  with  the
 book purchased of Scroggy, on  Vine  Street
 next door to the  Methodist  Church.  That
* book was not designed to  do  good,  it  had
 no redeeming feature, but was only calcula-
 ted to injure the public.  The  mere  publi-
 cation of such a work is sufficient  evidence
 from which malice is  presumed.  But  the
 Secrets  of  Generation occupies  entirely
 diffeient ground.
    It v/as written upon  a  lawful  occasion,
 by one who "honestly meant" to inform the
 pubJic mind and  "warn them  against  the
 dangers in society," and who as a physician
 and a minister had a legal and moral right
 to publish  it.   It is nothing  against  this
 defendant that he advertized  it for sale in
 a manner peculiar to himself.
    The Doctor believed it  calculated  to do
 immense good and in this faith, strove to give
 it an  extensive  circulation.  There is no
law restricting  the  sale  of any  medical
work neither are such  works usually  pub-
lished   and  circulated   free.     Authors
generally desire their books to  yield some
pecuniary return and there is no law  pre-
venting  them  from thus  earning  a  live-
lihood.
  That book published in  London  by  Dr.
Bell, called "Kalogynomia, or the Laws of
Female Beauty"  which your Honor compli-
mented so  highly, I  consider  a  very   im-
proper book to put into the hands of children,
when attending school  as was mentioned
in your charge.   That book had one plate
representing precisely  what Doctor   Landis
tells married persons should be done,  and
what the  jury  called  obscene—for  they
were not out  long   enough to  read more
than those  passages the  District Attorney
marked, and although  that work was more
objectionable as a book for children, it  was
sold to anybody.
  Court.—Wras  that  sold  promiscuously?
  Mr. Kilgore.—Yes  sir—to  every body
who would buy it.   No restriction was  put
upon its sale because it is a medical work.
If Doctor Landis  had not been thus  careful
of the sale  of the Secrets of Generation ;
if he had sold it to your children or mine,
I do not think the  law would punish him. But
sir, neither your children nor mine,  would
so far forget  the  lessons  taught them  at
home as ever to  send  for such  books by
mail.   Medical  books,  proper for  adults
but improper for children, must  be restricted
in their circulation by that  inate sense  of
modesty in all minds, and the  moral sense
ofthe community, rather than by statute law.
There  was  no  evidence  of  any   wrong
motive in publishing this  book, and   the
fact that he made  millions of dollars by
the sale of it would not prove malice.  The
law says in a case  like this—"the  burden
of proof is  on the  piaintiff to  "satisfy the
•'jury that the libel was malicious and  that
'• if rlie  plaintiff did  not prove  the  malice
•' beyond a   reasonable  doubt,  that  doubt
"should be in favor of the defendant."  3
Howards Reports 291.
  So when your Honor came to those points
ofthe law, copied verbatim from the decis-
ions of the  Judges no  less r nowneu  than 
68
Lord Mansfield and Chief Justice Marshall, |
and others of more modern  times, you so in-
terpreted their language  as to  destroy the
effect they otherwise  would have  had on
behalf of the defendant.
  When requested to charge, that "The law
"will not presume a communication to have
" been  through  malice,  which  was  made
" confidentially in good faith and in discharge
''of a legal, social or  moral obligation  and
i'through benevolence to the public',   You
affirmed it, but in such a  manner as to rob
it of all effect in this case on  the  minds of
the jury.   Your  Honor  said  "I affirm this
point.   The meaning of  it  is that if you are
aware that anybody is doing an injury gen-
erally, and you give  information respecting
it in good faith, and   in  a  proper  manner,
you are protected.    But where this is done
for the purpose of gain,  for the purpose of
making money without regard to the welfare
of society and the communication itself tends
to excite passion, and provoke obscenity, in
such a case the law does not hold."
   This, I submit was  practically rendering
the law inoperative and void, so far as this
case is concerned.
   The second point was  taken  from Lord
Mansfield's decision iu the case of Republi-
ca v. Dennie, 4 Brown, 2552.  " If the pro-
" duction was honestly meant to inform the
" prblic mind and  warn  them against sup-
" posed dangers in society—though the sub-
' ject may have been treated  erroneously—
" then, however the  Judgment of  the Jury
" may decline  them  to  think individually,
" they should acquit  the  defendant.   If the
" Jimy doubt of the  criminal intention then
" also the law pronounces  that he should be
'• acquitted."
   Instead of affirming it  as  was your duty
 to do as a Judge, your Honor said  " If the
 publication  was proper  to be made, that  is,
 gentlemen, if the  injury is  effected  by the
 publication itself, then no  matter how mis-
 taken the party may  have  been in supposing
 he was doing good, he is  within the  law.
   It does not do for men  to  imagine they
 are doing good, when they are doing things
  tending to  injure and debauch society and to
  think that they are   to be  justified  in their
  act because men happen to have a different
  opinion."'

    These remarks from  the Court, were not
  only uncalled  for, but I  eonsider them dan-
  gerous to liberty.  If one judge can thus an-
  nul the law in one case, another can do it in
  some other case equally important, and the
  time might soon  come when well settled
principles in law, favorable to liberty would
be used to take from  the citizen  all civil
rights.
  The third point of law, that
  " A communication made bona fide upon
"any subject matter in reference  to which
•■ he has a duty, is privileged, if made to a
" person  having  a   corresponding  duty,
"although it contained eliminating matter,
" which without  this  privilege  would  be
" slanderous   and actionable."   Harrison
v. Bush, 32 Eng. Law $ Eq. 173.
  Your Honor neither affirmed nor denied,
but made  it inapplicable to this case, in the
minds  of the  jury, and  applicable to  dis-
honest servants.
  The fourth  point
  " If the  use  to be attained is justifiable,
" as, if the object is generally to give  useful
" information to the community, or to those
" who  have a  right and ought to know, in
"order that they may act upon such  infor-
" mation, the  occasion  is  lawful  and the
" party may then justify or excuse the pub-
" lieation."  State v. Burnham. 9 N. H. Rep,
shared the same fate.
  The fifth point, your Honor was  request-
ed  to affirm, in your charge to the jury is as
follows,
  " It  is the undoubted right of every mem-
" ber of the community to publish his own
"opinions on  all subjects of public andcom-
" mon interest, and so long as he exercises
" this inestimable privilege candidly,  hon-
"estly and sincerely  with a view to benefit
" society he is not amenable as a criminal.'
   I am willing to risk my reputation  upon
 the truth of the assertion that Doctor Landis
 honestly and  sincerely intended  to benefit
 society by the publication of this  book.
   Some eighteen or  twenty years ago he
 solemnly dedicated his life to  the work of
 putting a stop to sensuality, immorality and
 crime, which results  from  ignorance  of
 these  great laws of Nature, which underlie
 all progress and  all  reformation.  To  this
 great  worJc he has devoted all his  energies.
 His whole life has been  a rebuke to sen-
 suality, intemperance and  vice.  Had we
 been permitted we could have  proved  he
 had the good of Society in  view  in  which
 case the  law says " he is not amenable as a
 criminal."
    Our sixth point,
    "Ifthe Jury  find the teaching  of this
I  " book calculated to benefit  the  persons to 
69
" whom it is dedicated—they should acquit
" the Defendant."
  Your Honor neither affirmed nor denied,
but your language weighed heavily against
this Defendant.
  Instead of affirming a well settled  prin-
ciple ofthe  law—you said "Well gentlemen
it may be  under  peculiar  circumstances,
■" that a person may derive benefit from the
'• book, but placed  indiscriminately  in the
" hands of persons  not requiring such ad-
" vice and benefit and it  tends  to inflame
" their minds, and is obscene in its character,
" then gentlemen it is not protected.
  " It  is for you to determine  the character
"ofthebook if in your judgment you  think
"the book is fit and proper for the  welfare
" of society, and that such a  book as  that
" ought to be published, and it is such as so-
"ciety   demands, and  ought  to go into
" your families to be handed down  to  your
" sons and.daughters a>nd placed  in l>oarding
" schools, and so  forth,  for  general  useful
" information, why then if that be the  char-
" acter of the book it is your duty  to  acquit
" the defendant,''
   Court.—The  point  could  not be put
more broadly  than  that.
   Mr. Kilgore.—Yes  your  Honor,  but  it
 begged the whole question.  We  proved
by several  witnesses  that  the  book  had
benefitted  them.   No  "peculiar circum-
 stances"  were  proven.  We proved that
 the book was not "placed indiscriminately
 in  the hands of persons,  whether they re-
 quired such advice or  not.  It   was  never
 intended for  a school book, for boarding
 schools or any other schools, but  it  was a
 BTIUCTLY  PRIVATE  BOOK  FOR  MARRIED PER
 SON'S.   He  never sold a copy to any person
 u*ider eighteen years of age and not  then
 :ill satisfied they  were   about  to become
 husbands or wives.  He never sent a copy
 by mail, without being  satisfied  the  party
 sending for it was a proper person to  have
 it,  and always sent it under seal.   I  have
 been told on one occasion he gave away a
 dozen copies of the  book,  for  proper dis-
 tribution, so confidant was he  it would do
 good:   Where people were poor he always
 gave them  the book, when he thought  they
 needed its instruction, without money and
 without price.   His object  was not  mere
 gain, but to teach his fellow  men  to  obey
 the laws of their own nature.
   The seventh  point, is the  exact language
 of well settled principles of the law.
  "If the jury believe the  defendant had
l! in view the benefit  of  society—however
" wrong the ideas or objectionable  the Ian-
" guage—there is no malice and he should be
" acquitted," properly affirmed, according to
the book  would  have acquitted this de-
fendant.
  Court.—Suppose the  Jappanese  should
come here some day, and should perform ha-
kari, on himself, would  he be  a murderer
or  not 7  How far would  his  conscience
and his views  of propriety  protect him?
You  might say he was insane.
   Mr  Kilgore.—I say  he  could  not  be
convicted of murder under the law  of any
State in the  Union.
   Court.—I said if  you put it upon the
giound of insanity you are all right.
   Mb. Kilgore.—When a person believes,
(not always  what he  professes  to  believe)
religiously that  he should give his  child
to  the  Delaware, as  people  have  been
taught by their  priests through all the past,
to  sacrifice their  children  to appease the
wrath ofthe Great  Spirit,  (following the
murderous example of Abraham, so  much
admired as the father of the  faithful,  by
christians) giving them to  the  Ganges, or
the car of Juggernaut; if it were possible for
such a scene to be enacted in Philadelphia
to  day from  a  consciencious  belief it was
duty thus to do, no law  would  hold that
person responsible as a  criminal,  because
all crime involves a wrong intent.
   Such a  person would be  pronounced  by
the law insane, but if the intent  was  good,
 it  would be  no crime for which the  law
 would hold  him responsible.  The  law  is
directly in conflict with  what your  Honor
 said upon the  eighth  point, contained in
our fifteenth reason for a new  trial.  That
'■■ it is not  his view as to  what  will injure
Society, that is to determine his  guilt or  in-
 nocence."
   You also sail "The whole defence is  not
that he was  not offering it for sale,  but that
he was not offering an obscene  book."
   T:iis was a gross misstatement of a fact,
 which ought to give  us a new  trial.  It is
the  right of this defendant,  because your
Honor made so great a mistake.  There is
a whole  avalanche  of  cases where new 
70
trials have been granted for a  much less
misdirection of the judge.
  Court.—Do you mean to  say  that there
was a doubt of his having sold the book  or
offering it for sale ?
  Mr. Kilgore.—No sir.   But that  Doctor
Landis was not offering an  obscene book
for sale was not  our  whole defence.  We
took the ground also that the book was
what the law terms privileged, being  a  sci-
entific and medical work; that it was writ-
ten to benefit Society, upon a lawful occa-
sion by a medical man upon a medical sub-
ject.
  We also took the ground that the book, to
those  to whom it was addressed  and to
whom it  was  sold,  was  not obscene,  but
was calculated to do good.  All  this and
more we should have proven had not your
Honor, in violation of law as I think, ruled
all  this testimony out.   The Distrirt Attor-
ney made a great ado over the obscenity of
some few passages of this book.   To a per-
son having correct ideas of the sacredness of
the generative functions, with a  mind  un-
contaminated  by licentiousness, there is no-
thing obscene in this book, not  one  single
word or sentence contained in it.
   I say now,  and here before your  Honor
and before Heaven,  that I  believe the book
to be highly useful and beneficial, that soci-
ety needs it, and is calling for  it by all the
diseases, evils and crimes which result from
that ignorance this  book  was  intended to
banish.
   Our sixteenth reason I have  already  dis-
cussed.   "If  the design of the book was to
" benefit society it does not show malice to
" take measures to  extend  its circulation."
 On this point as on  all previous ones, your
 Honor took the  law from tbis case  and ap-
 plied it to something else.
    Not only was the "Secrets of Generation"
 designed to benefit society, but  we   proved
 by several witnesses it actually  had bene-
 fitted people.   Your Honor  would  be  sur-
 prised to read  the  letters  Doctor   Landis
 has  received from  persons  all  over  the
 country as to the benefit received from this
 book.  As I  have before  remarked, all
 authors desire their books to be circulated.
 and advertising it for extensive circulation
does not  show  malice.  Besides  I  have
clearly shown that the law puts the burden
of proof of malice upon the Commonwealth,
this they have presumed but failed to pruvi
  The verdict ivas against  the  evident e aid
the weight  of the evidence.
  We proved  the book had benefitted  peo-
ple by  several witnesses and not a  person
eould be found who had ever  been injured
by it.  The j iry,  therefore, entirely ignored
this testimony  and convicted this defendant
against the evidence.
  They paid no attention to  the  fact,  that
his character, or rather reputation for purity,
amongst those who knew  him  was  good.
Why sir, he has beer, preaching and prac-
ticing in  this  city  for the last  seventeen
years, and we proved he was a  minister of
religion, and although the District Attorney
prayed God to forgive the  man  who  or-
dained him,   I can assure that officer  that
no forgiveness is  needed.  Doctor  Landis
preached  one  of the  best   sermons  la.-t
Sunday night I ever  heard  from  human
lips.   The trouble  is  he  preaches   too
much truth, for the Pharisees and  Hypo-
crites of this  age,  who  honor  God  with
their lips  while  their hearts  are far  from
Him.
  Doctor  Landis  is  misunderstood.   It is
one ofthe easiest things in the world to  be
misunderstood.  We  live in an age.  when
things are not what they seem, and  when
any man  rebukes the sins ofthe people  he
may expect  to be  misrepresented.   Why
your Honor knows that however hard you
may strive to  do  justice in  your important
position as  a  judge,  the  newspapers  and
private individuals  often find  fault with
you.      They often censure   you  when
you do right  and are ready  to flatter  you
when  unintentionally you do  wrong.  Doc-
tor Landis is a firm believer in the laws of
God.  He takes Jesus as his exemplar  and
often says" woe unto you Scribes, Pharisees,
and Hypocrites."
   He has been rasped by the  men in power
—wealthy  men who have been enriched by
 gigantic corporations,  who  now control the
 Public as well as the private Ledgers of this
 city.  These men have  shut him out of
 their papers,  out of public halls and have 
71
 done all in their power to put  him  down,
 simply and only because his daily life is a
 constant rebuke to  their own.  Doctor Lan-
 dis has been a constant advocate of temper
 nnce.   He believes in the Gospel of person-
 al  cleanliness  and purity.
   Ho  teaches  the thousands  who flock  to
 hear him,  that you cannot honor  God in a
 body debauched by  pork, whiskey,  drug-
 medicines or tobacco.   He believes in  hav-
 ing  good muscle, sinew, nerve  and  bone,
 and wages perpetual war against all  licen-
 tiousness and sin.  Why sir, on one occasion
 I  saw a  minister stop in the  midst  of
 his  prayer to  put  a large quid  of  tobacco
 in his mouth,  and it  so  shocked  me I
 have  never quite  recovered  from  it.   He
 was a fraud.  They, who revile this defen-
 dant  and  hold up their  hands  in  horror
 nt the mention of Dr.  Landis' name,  who
 pray God  to  sanctify  them  while  their
 bodies are filthy  and  diseased  from  in-
 temperance,  will  yet be  found  unworthy
 to unloose the latchet of  his shoes.
   Court.—Yon remember the  answer  of
 Sojourner  Truth  when   she was  asked
 by a person whether any thing  unclean
 should enter into heaven, answered, "no, 1
 do not expect there will," then said he how
 do you expect to take your unclean  breath
 there ? " Bless your heart," said she, " I ex-
 pect to leave my breath behind me when I
 go there."
   Mr. Kilgore.—True your Honor—but had
 Sfjonmer Truth been properly educated she
 would have known that the spirit  is depend-
 ant upon the'body, and the body is made up
 in part of what we eat.  That tobacco, being
 one of the  most  subtle  poisons  known  to
 man,  acting  principally  upon the  nerves,
 which  are  most closely  connected with the
 spirit, damages the soul as well as the body
 through the close sympathy between  them.
 Tl'i't the body  is the souls dwelling  place,
 hii-I  should be kept so pure that it may be a
 fit temple for the holy (or whole) ghost to
 dwell  in.
  In the  case of  the Commonwealth  v.
Twitehell,  1 Brewster's  Reports, 609, it has
been decided by this Court, that a new trial
should  be granted in a case which will bear
 this threefold test, viz :
   1. Was there any evidence to justify the
 verdict?
   2. Is it clearly against the weight of the
 testimony ?
   3. Is there any reasonable hope that an-
 other trial would produce a different result 1
   In regard to the  first question, I answer
 emphatically, no.
   No witness called the Secrets of Gene-
 ration obscene.  The jury decided this case
 not  by the evidence, but by the statement of
 the  District Attorney and upon your Honor's
 opinion.
   I  think, the  verdict was clearly against
 the  weight ofthe testimony, as I have before
 shown.   Could  we have a new trial, I do
 not  believe there is another jury to be found
 in  Philadelphia that would convict this de-
 fendant.
   The verdict was against the law.
   On this point I have  spoken  throughout
 this argument, and therefore have but one
 word to say.   The  law  permits  us to ex-
 amine experts.   This was refused.
   Court.—Have you found any one case at
 all in which  a charge of this character was
 made, where experts were admitted?
   Mr. Kilgore.—There is no  case  on  re-
 cord,  I   think, where  a  medical  book
 like this,  sold under seal, which the law
 has  privileged for the last  three "hundred
 years, by  the  decisions  of Coke,  Ellen-
 borough and  Mansfield, and by  nearly all
 the decisions to which I referred,  was ever
 attempted to  be restrained  by  such a pro-
 ceeding as this.  Some  few years ago, the
 attempt was made in  New  York by an ig.
 norant detective to restrain the circulation of
 this  very book, but as soon as the judge saw
 it, he pronounced it a  medical  work, privi-
 leged by law, and dismissed the complaint.
  Court.—What would be the  influence of
 a medical work if it  had  been put in the
 hands of a young daughter, or in the hands
 of one of tender years, would it not be ob-
 scene then ?  Take such a book as you pro-
 duee here, put it into the hands of a person
of tender years, without  any  expression of
opinion as to the  intention, what would bo
the effect? 
72
  Mr. Kilgore.—I would  not like to have
any one place such a work  in the hands of
a child, too young to know of physiology. A
man who would place either of the medical
works we produced  here,  illustrated with
plates, in the hands of a  child too young to
know of Anatomy, would  do very wrong,
but the man  who would  place  the book
bought of Scroggy in the hands of any one,
old or young, would  be  deserving of the
scorn of all decent men and should go to the
penitentiary besides.
  Court.—I put that case to show that a
book may be an obscene libel in  improper
hands.
  Mr.  Kilgore.—That  we  admit  your
Honor.  But shall  we destroy all scientific
and medical works which   are  useful in
proper hands because they  would do  harm
to children?
  I pray you to make  this case  your  own.
The real enemies  to  the  morals of this
community are not those  who  strive to
persuade the people to obey  the  laws of
their Creator, either with voice  or  pen—
neither are they found in the lowest depths
of vice in Bedford Street, so ably  described
by  your   Honor  in  charging  the  Grand
Jury a few weeks ago.
  The men of leisure and  idleness,  called
gentlemen, who live in palaces and  luxury
and have money  to  keep mistresses and
live lives of prostiution, are the real enemies
of morality and virtue in  this community.
  I know the District Attorney  is greatly
prejudiced against  my  client,   yet   if he
could know all the facts  respecting  Doctor
Landis, which have come  to me,  I believe
he would  lose  his  prejudice  and   agree
with me, that this  is a persecution  rather
than a prosecution.   He would agree  with
me that  it would  be an outrage against
justice and against the law, to sentence this
defendant under the present verdict.
  Therefore I pray him and  I   pray  your
Honor,  to  remember  this  defendant as
though you yourselves were in  his   place,
and  I  think  the District  Attorney  will
show nobility in nothing   so  much,   as in
being generous and  magnanimous to  the
man who has been so poorly defended.
 
73
COMMOJV  TZUAS.
    Commonwealth vs.  S. M. Landis.

            New Trial—Evidence.

  Opinion by  Pierce, J. Jan. 22, 1870.
  The reasons for a new trial  in  this case
are numerous, but they may all be disposed
of under a lew heads.   They relate:
  First.—To  the  exclusion   of  evidence
tending to show  the  scientific correctness
of the book complained of, and the  fitness
of such a publication  for general  informa-
tion.
  Second.—To an expression of opinion by
the Judge as to the character of the  book.
  Third.—To errors in charging  the  jury
as to what constituted  an obscene  libel, and
as to  what extent a publicatin  is  protected
as necessary  for  general information and
conducive to the  public welfare.
   1.  Pliysicians  were called as  experts  to
show the scientific correctness of the book
and the  necessity of such knowledge  for
general information.
   I ruled at the trial that the  book  might
be  true  and   scientifically  correct  in   its
statements  and  descriptions,  and  yet   be
obscene; that its obcenuy did  not  depend
upon its  truthfulness  or falsity,  but upon
its  tendency  to  inflame the   passions and
debauch  society.  The  character of  the
book was a question purely  tor  the jury,
in  which they could not be  aided  by  the
testimony of  experts.  Obscenity  is  (Jeter-
mined by the common  sense  and  feelings
of mankind,  and not by the  skill  of the
learned.  It  was  therefore  a  question  for
the jury, to  be determined by  their  exami-
nation of the  publication, anit not  by  the
opinions  of  others   respecting  it.  That
which  offends  modesty,  and  is  indecent
and  lewd, and  tends  to the creation of
 lascivious desires, is obscene.   Of  this  the
jury  were  as competent to judge as  the
most  accomplished  experts   in   medical
science, whose familiarity with the tubjcsi ts,
treati»l of  in  the book might,   perhaps,
render them  less  susceptible to the emo-
tions which would be  excited  in the gen-
eral public by reading such a  book.
   2.  Relative to the  expression of opinion
by the Judge as  to  the chuiacter of the
 book, it  was  held  by  the Supreme Court
 in  Kilpatrick- v.  The  Commonwealth.  7
 Cisey, 19S,  that  a  Judge  may  rightfully
 express his opinion respecting the evidence
and it may sometimes be his djity  to do it.
yet not so as  to withdraw it from  the con-
sideration and decision of the jury.
   My own experience as a Judge has taught
 me that it is  sometimes not only expedient
but necessary to the proper administration of
law and justice that a Judge should express
his opinion on the evidence submitted to the
jury.   His greater familiarity with the rules
of evidence, the weight of the testimony, and
its application to its subject-matter of investi-
gation, requires that he  should do so; but
he should always accompany it with the in-
struction,  that the  facts of the case are for
their determination, under  the evidence sub-
mitted to  them.
   In this  case this instruction was repeated
to the jury more than once.   They were told
that they  were not to take my opinion of the
book, but were to  determine its  character
from their own examination of  it.   Again,
they were instructed that it was for them to
determine the eharacter of the book.  If in
their judgment the  bootc was fit and proper
for publication, and  such  as should go into
their families and  be  handed to their sons
and daughters, and  placed  in  boarding
schools for the beneficial information of the
young, and  others, then it  was their duty to
acquit the defendant.
   They were further instructed that if they
had a  doubt as to the obscenity of the  boou
it was their duty to acquit the defendant.
   This instruction left the  whole  question
of the character of  the  publication  to  the
jury.   There  was no controversy as to  the
 ouOlicatiuti  ofthe  book  by the  defendant,
as  its publication was  substantially,  if  not
 in terms, admitted by him.
   3. The next alleged  error  relate  to  the
charge of the  court  as to  what constiiutes
an obscene  libel,  and  to  what  extent  a
 publication  is protected  as  necessary  for
general information and  conducive  to  the
 public wellare.
   The jury were instructed that it  did  not
 matter whether the things published  in  the
 book were  true, and in conformity with na-
 ture and  the laws of our  being or not.  If
 to inflame improper and  lewd  passions,  it
 was an obscene libel.  That to justily  a
 publication of the  character of the  book,
 they must be satisfied  that the publication
 was made for a legitimate and  useful pur-
 pose, and tnat it  was  not  made from any
 motive of nu-re gain, or with a  corrupt  de-
 sire to debauch society.   That  even  scien-
 tific and medical  publications  containing
 illustrations exhibiting  the  human  form,
 it wantonly exposed in  the  open  markets,
 with a wanton and wicked desire to create
 a demand  for them,  and not to  promote
 the good of society by  placing  them  in
 proper hands  for  useful  purposes,  would,
 H tending to excite  lewd  desires,  be  held
 to be obscene libels.
   That before a  medical class, for the pur-
 pose oi instruction, it might be necessary and
 proper, and  consonant with  decency and
 modesty, to expose the human  body for ex- 
74
 hibitioti of disease, or for the purpose of op-
 eration, but that if the  same human  body
 were exposed in front of one of our medical
 colleges to the public indiscriminately, even
 for the purpose  of operation, such an exhibi-
 tion would be held to  be indecent and ob-
 scene.
   The jury  were further  instructed   that
 publications of this character are  protected
 when made with a view to  benefit society,
 and in a manner not  to injure  the public,
 but that a mistaken view of the  defendant
 as  to the character  and tendency of the
 book, if it was -in  itself obscene  and  unfit
 for publication, would not excuse  his  vio-
 lation ofthe  law.
   After having  listened to  the  elaborate
 and earnest argument of the  learned  coun-
 sel for the defendant,  I do not perceive  that
 there was error either in the admission  or
 exclusion of evidence, or in  charge  to  the
jury, and I think  that  the  verdict is  sus-
 tained by both the law  and  the  evidence.
 The motion for a  new   trial  is  therefore
 overruled.
        REMARKS OF THE JUDGE.
  The offence of which you have been con-
victed, is one,  which to my mind, is  of a
grievous character. I know nothing, which
of itself, tends more to the demoralization of
society, and to the corruption of pure minds,
and especially of the young, than a publica-
tion of the character of which you have been
convicted.
   It should  be the desire of every one in a
community  like  this, or whether the commu-
nity be  great or small, to hold the minds, not
only of  the  mature, but of the young, pure
and untainted, and  anything which tends m
break down the  natural modesty and puiity
of the  human  mind  is subversive of  the
highest  interests of our being.
   I think that the law has  affixed to the of-
fence of which  you have been convicted, a
mild penalty.
   I know of cases, of civil cases, in  which
it would be  my duty,  if the law warranted
it in extending the term of imprisonment
which is provided by  the act  of assembly,
therefore, though I  believe  it my duty  to
impose  upon you the  full sentence provided
by the act of assembly, still I feel  it  is  but
reasonable in itself.
               SENTENCE.
   The sentence of the court is, therefore, that
you pay  a fine of five  hundred dollars,
and undergo an imprisonment  in the  Phila-
delphia  County Prison for the term of one
year.
  Philadelphia, January 22, 1870
•^ 
                               75





                PEAYER



            TO, AND FOR, THE PEOPLE!

          Written in Moyamensing Prison at Philadelphia, Pa., February 4th. 1870.

    By DR. S. M. LANDIS, The Progressive Christian.


  Let all the Earth keep silence, before Thee—Thou unchangeable Cre-
ator of all things.  Thou, who has fixed Thy laws from the foundation
of the world, we rejoice in Thy Glory.  We  Love Thee, because Thou
art  not partial!  We appreciate Thy infallible  fidelity to Thine own
handiwork, and we pray Thee,  seni down,  direct from heaven, Thy
magnetizing and inspiring influences and baptize this people with sim-
ilar fidelity and sound sense; that, they may give themselves up to Thy
fixed laws, thereby receive the Spirit of Christ Jesus !
  And, now, 0, Lord!   I, Thy humble prisoner, do most devoutly pray
all the people of Thy footstool to behold Thy magnificent and immu-
table injunctions, and 3'ield, a cheerful  obeisance, to Thy words and
works as holily inscribed upon  Thy '"Book of Nature;" and as  most
beautifully and logically consummated by the faithful Nazarene, who
came not with gaudy trappings and worldly clamor; but,  who linked
himself into Thy Laws and Works, thereby giving the people the  exem-
plification of power and grace divine!
  Lord God, Father of All, Thou who hast made everything  for the
good, the health, the normal prosperity, the happiness  and everlasting
bliss of all people; I, therefore, most heartily beseech them to appreciate
this infallible token of Thy Love for them !   Moreover, as Thou hast
designed that they should have dominion over the things of earth;  so
likewise,  I invoke them  to accept Thy proffered promises by upholding
Thy Laws and Handiwork as alone supreme!
  O, Thou! Great Jehovah,  impress upon their minds the necessity of
striking terror to the hearts of haughty vipers, who usurp power, which
alone belongs to Thee, and which Thou  has vouchsafed unto Thy obedi-
ent sovereign people!  Yea, teach  them that the fixed "Laws  of Na-
ture" are Thy creation ; hence, idl rules or laws  instituted by men must
be in harmony with Thy laws and  works, otherwise they are a  bugbear
and stumbling-block to Grace Divine !
  Father of Slercies, to gain Salvation, teach them the incumbent  duty
to return to truth and nature; and to "prevent the ills that flesh is heir
to," bv observing Thy fixed laws ofthe "Secrets of Generation'," (as
truthfully and honestly expressed in that bonl- for  which  Thy  humble
servant now suffers  imprisonment, at the hands of incompetent and lewd
persons), thereby striking at the root of evil, when the unborn  genera-
tions, will have the Imaije of God stamped upon their countenances, (in-
stead ofthe mark of Cain) "and will intuitively praise Thy  holy name,
by words and deeds, forever and ever!   Amen. 
76
APPENDIX.
                     Philadelphia, Monday January 10, 1870.
  I have read the "Secrets of Generation"  18  mo. Philadelphia  1866,
pages 36, by S. M. Landis M. D. D. D. and I cannot discover anythii g
I think obscene or demoralizing.
                            JAMES McCLINTOCK, M. D.
                                           823 Race Street.
  Sworn and Subscribed he fore me this 10th day of January, 1870.
                        WM. P. HIBBARD, Alderman. [Seal]

  This may  certify that I have read the "Secrets of Generation" by
S. M. Landis M. D. for married persons or those about to  marry.  To
such persons there is nothing in  it  obscene, and the information  is
calculated to benefit mankind.
    Philadelphia, February 17,1870.
                                 JOS. H. NORTH, M.  D.

  D. Y. Kilgore, Esq.,
    Bear  Sir: At your request, I take pleasure in giving my testimony
in regard to what 1 believe to be the motives of S. M. Landis, M.  D., in
publishing the book entitled  " The  Secrets  of Generation," and his
general course in promoting a much needed reform in  the  social  rela-
tions of life, and especially so far as the needs and diseases of woman
are concerned; and that the}* were ofthe purest character—and further
I believe he was influenced by his highest sense of duty and his obliga-
tions to God and the race.
                              JOS. S. LONGSHORE, M. D.
                                     1430 North Htu street.
     Philadelphia February 28, 1870. 
 
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