072 Sheet – American State Trials 1918 Volume X Leo Frank Document

Search for:

Reading Time: 3 minutes [420 words]

Here is the translated text as follows:

40 X, AMERICAN STATE TRIALS.

The speaker is reminiscent of Antony's oration over the dead body of Caesar, and he is fresh from the interview of Hamlet with the "buried majesty of Denmark." If his policy were like that of the artful Triumvir, who sought to inflame the rabble of Rome to avenge the death of his friend, or like that of the murdered father, who stirred a living son to vengeance, his words would be well matched to his purpose. But he is neither in Rome, moving a fickle populace to counter-revolution, nor in Denmark, exciting a son to bloodshed. He is in a tribunal of law, which does not sit "to sup on horrors," however artistically prepared.

What legal consequences attach to the fact? Is the time between the stroke and the death any measure of the offense? Does the crime depend in any way upon the length of that interval? If the victim had lived a month after the wound, would it have been less or more a crime to inflict it? A man, by accident or misfortune, kills his fellow—he does it on the instant—he is hurried before his Maker and Judge without opportunity to utter the word "pardon;" is it therefore less an accident—less excusable homicide under our statute? A man, in the heat of passion, under strong provocation, kills his adversary without a "moment's preparation"—which all of us need—nay, worse than that, kills him when there is blasphemy on his lips and in his heart—is the homicide less manslaughter for that? Does the legal criterion of crime ever depend, in homicide, upon the condition in which the soul goes to judgment? There is but one answer to these questions. The law furnishes to you no means by which you can use the fact. You cannot legally value it. It is not put to you as jurors, as administrators of the law. It is addressed to you as men, who may forget under the dominion of passion the character in which you act.

The law distinguishes between "that which belongs to Caesar and that which belongs to God." He will take care of His judgment day, and dispense justice to all who appear at His bar, without our agency; and we know too little of the condition of souls at that dread tribunal to found human statutes upon it.

But Mr. Coalter was not content thus to present to you the case of the State, warmed as it was by his impassioned appeal.