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

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Reading Time: 3 minutes [366 words]

Here is the translated text as follows:

In the act that defines this offense and outlines the punishment, a level of defense is provided that is, I believe, unknown in any other country where the party is tried for a libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine both the law and the facts under the direction of the court. The true spirit of the law is that the defendant shall not be found guilty of publishing defamatory writings unless they are false. Furthermore, even if they are false, the defendant shall not be considered guilty under the law unless the intent of the publication is proven to be malicious.

If the publication is based on knowledge of the truth, the defendant is permitted to present this as evidence. If proven true, it should significantly influence the jury's perception of the alleged malicious motives. In private actions for slander, where an individual seeks financial compensation for damage to their character, the defendant is entitled to present evidence of the truth of the spoken words or written libel as a defense. If the truth of the assertions is proven, it serves as a justification. There is no difference, then, between the defense that may be set up in an action of slander or libel against a private person and that which is permitted under the law on which this indictment is based.

The defendant has undertaken to convince the jury that, in this publication, he had no malicious intent against the President of the United States. I join issue with him on this point and request your particular attention to it. He alleges that he did not impute improper motives to the President and attempts to substantiate his claim by referring to his declaration at the outset, where he states, "I cannot believe him (the President) capable of such gross misrepresentations, for I still think well of his intentions, however I may disapprove of his conduct." However, I must add that he goes on to conclude with a paragraph...

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