Page:Trial of S.M. Landis.djvu/7



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

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 morals 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, scandalous, 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; 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 contempt of the laws of this Commonwealth, 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 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 imfamousinfamous [sic] obscene printed book entitled the " 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, 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 contempt of the laws of this Commonwealth 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. Dist. Att'y.

—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, gentlemen 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 statusestatues [sic], 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 such person shall be