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

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Here is the translated text as follows:

WILLIAM WEMMS AND SEVEN OTHERS

Although Killroy and other soldiers had a quarrel with Gray and others at the rope-walks a few days before the fifth of March, it is not certain that Killroy then knew Gray or aimed at him in particular. However, if Gray encouraged the assault by clapping the assailants on their backs, as Hinckley swears he did, and Killroy saw this and knew him to be one of those involved in the affray at the rope-walks, this very circumstance would have a natural tendency to raise Killroy's passions and throw him off his guard, much more than if the same things had been done by another person. In the tumult of passion, the voice of reason is not heard, and it is owing to the allowance the law makes for human frailty that all unlawful voluntary homicide is not deemed murder.

If there is malice between A and B, and they meet casually, A assaults B and drives him to the wall, B, in his own defense, kills A; this is se defendendo and shall not be heightened by the former malice into murder or homicide at large, for it was not a killing upon the account of the former malice, but upon a necessity imposed upon him by the assault of A. So, upon the same principle, where the assault is such as would make the killing but manslaughter if there had been no previous quarrel, the killing ought to be attributed to the assault, unless the evidence clearly shows the contrary. An assault being known and allowed by law to be a provocation to kill will free the party from the guilt of murder; whereas neither words of reproach nor actions expressive of contempt "are a provocation to use such violence," that is, the law does not allow them to be, without an assault, such a provocation as will excuse the killing or make it anything less than murder. Upon the same principle, where the assault is such as makes the killing manslaughter, the killing ought to be attributed to the assault, unless the evidence clearly shows the contrary.

This meeting of Killroy and Gray was casual on the part of Killroy at least; he was lawfully ordered to the place where he was and had no right to quit his station without the leave of Capt. Preston, nor were any of the party obliged to do so.