Page:Trial of S.M. Landis.djvu/9

 the bought of Mr. Landis at the same time that the book was purchased, 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.

—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.

—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.

—I offer the book in evidence called also The paper containing the advertisement of the book.

—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.

—All that I have ruled, is that it is evidence in that.

—The District Attorney may cut it out.

—We will give them the paper and they can read it.

—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.

—Let me see that. Hand that to the Jury and let them examine it for themselves.

—We object to its being offered now as we have not cross-examined the witness.

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 ult.

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 Generation," 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 was shown to the witness] I read page 23 called, "How