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

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Reading Time: 3 minutes [398 words]

Here is the translated text as follows:

W. J. COOK. 653

Did you ever hear of a grand jury being called in a special session for a misdemeanor case? This is an extraordinary misdemeanor because there are millions behind the prosecution. I am representing a poor man here today, so hear his call. You've heard the other side. Now hear his. There's no case been made against him. The only case made against him is that he butted in where he wasn’t wanted.

This is just a case of a man caught in a wrongful act. If he had been an ordinary man, you’d never have heard of it. He is the man, not Cook, who is responsible for dragging that poor woman into this courthouse. Let us do right in this case, though the heavens fall. Let us give Cook a fair deal.

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THE CHARGE TO THE JURY

Judge H., reading the code section under which Cook was indicted and enumerating the counts against him, instructed the jury that it was immaterial whether or not Mr. Candler is guilty, as alleged by the defense. The question for the jury to decide was whether Cook and Mrs. Hirsch conspired to bring about a situation whereby they could accuse or threaten to accuse Mr. Candler of this offense for the purpose of extorting money. If either was guilty of the conspiracy charge, the other was equally guilty, and the jury was authorized to find so. There is no accessory to a misdemeanor; all are principals, and it was immaterial whether a threat or demand was made directly upon Mr. Candler in person or upon a representative of Mr. Candler.

If Cook simply found Mr. Candler in the situation he claimed and made his charges, without reference to any conspiracy, either to Mr. Candler or his agent, and suggested that the whole thing could be hushed up by extortion of money, the jury was authorized to find Cook alone guilty. It is not necessary for any actual demand to be made. If the accusation or threat to accuse was made for the purpose of extorting money from Adair, Candler, or other agents of Mr. Candler, the jury should find the defendant guilty. Mr. Adair had the...

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