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

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Reading Time: 3 minutes [356 words]

Here is the translated text as follows:

JAMES THOMPSON CALLENDER

**Judge Chase:** I desire to know what you intend to prove by the witness.

**Mr. Hay:** We intend to examine Colonel Taylor to prove that he had avowed principles in his presence which justified Mr. Callender in saying that the President was an aristocrat. He had voted against the sequestration law and the resolutions concerning the suspension of commercial intercourse with Great Britain, by which he defeated every effort of those who were in favor of those beneficial measures that were well calculated to promote the happiness of their country.

**Judge Chase:** You must give me a statement in writing of the questions you intend to put to the witness.

**Mr. Nicholas:** The traverser is at least entitled to every indulgence which had been shown to the attorney for the United States. This requisition had not been made of the attorney when he introduced witnesses on behalf of the United States, nor was it according to the practice of the State courts. I wish the witness to state all he knew that would apply to the defense of our client. I do not know what the witness would precisely prove, but if the court insists upon it, I would furnish a statement of the questions which I should first propound. However, I request that I may not be considered as confined, in the examination of the witness, to the questions so stated.

**Judge Chase:** It is right to state the questions intended to be propounded to witnesses in all cases, and the reason is extremely plain. Juries are only to hear legal evidence, and the court is the only judge of what is or is not legal evidence to support the issue joined between the parties. To say that you will correct improper evidence after it shall have been given is improper, because illegal evidence, once heard, may make an undue impression and, therefore, ought not to be heard at all by the jury. The attorney for the United States had, in opening the cause, stated the purpose for which he introduced the witnesses.

**Judge Chase,** having received a statement of the questions...