AMERICAN STATE TRIALS VOL TEN 1918
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005 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:AMERICAN STATE TRIALSA Collection of the Important and Interesting Criminal Trials which have taken place in the United States, from the beginning of our Government to the Present Day.WITH NOTES AND ANNOTATIONSJOHN D. LAWSON, LL.D.*Editor*VOLUME XST. LOUIS*F. H. THOMAS LAW BOOK CO.**1918*---
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006 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Copyright, 1918By John D. Lawson254119---Note: The number "254119" appears to be a catalog or identifier number and has been kept as is, assuming it is correct and relevant to the context. If further formatting or context is needed, please let me know.
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007 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:To Everett Pepperell Wheeler of New York CityJurist, Publicist, Law Reformer:This volume is inscribed in grateful recognition of many years of friendship.---
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009 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:### PREFACE TO VOLUME TENThe trial of Edward D. Worrell, detailed on page 1, is notable for its striking and interesting features. However, it is the compelling speeches to the jury by Wright and Bay that justify dedicating over 150 pages of this volume to the case. This raises the question: why are speeches to the jury in significant criminal trials no longer given space in the columns of our daily newspapers or preserved for the public in some permanent form immediately after delivery?In the past, when luminaries such as Rufus Choate or Daniel
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010 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENHas the art of public speaking in the courtroom, which so captivated the public a generation ago, been lost? It might be worthwhile for a student in our newly-founded schools of journalism to investigate this question and provide an explanation for why courtroom oratory is now largely overlooked by the press in the United States.When John Hodges (p. 163) was indicted for treason in 1815, he discovered that the presiding judge, Mr. Justice Duvall of the Supreme Court of the United States, considered the phrase "giving aid and comfort to the
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011 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:### PREFACE TO VOLUME TENviiOutside meddling only served to increase their determination that Frank should suffer death.Here, justice received its first wound. Every civilized nation has determined that the guilt or innocence of one accused of a crime, and the punishment to be meted out to the criminal, shall be decided by regular Courts of Justice. These courts are presided over by trained jurists, assisted in most cases by twelve laymen—called a jury. This system is the best that civilization has been able to evolve so far. These tribunals may sometimes err, whereby innocent
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012 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:viii PREFACE TO VOLUME TENCrime had been committed, and the public was anxious to punish the criminal. Twelve men were chosen to try the issue of Frank's guilt. They were ordinary men—shopkeepers and clerks—without any special education to fit them to follow logically the arguments for and against, and with no training at all in weighing evidence. After listening to the witnesses and the speeches of counsel for many days, and aware every moment, from the conduct of the audience in the courtroom, that local opinion was practically unanimous against Frank, the jury found
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013 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENixThe question arose as to whether the judicial machinery had been run properly, whether any inadmissible evidence had been admitted, and whether the jury had heard the cheers given to the prosecuting attorney by the crowd in the streets, among other concerns. Finally, when the prisoner's lawyers were able to bring the case before the most august tribunal in the world—the Supreme Court of the United States—that great Court entirely forgot the vital question of the prisoner's guilt. Instead, the energy of its nine justices was expended on the question of
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014 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENJust think of this, O! shades of Bentham and Brougham, who more than half a century ago helped to wipe out these absurdities from the old English Procedure. This procedure, the work of churchmen in the middle ages, had lived into the nineteenth century. Is there any other part of the civilized or uncivilized world where such things as Courts of Justice are known, that such a condition of things exists, outside of some of the American states? A man's life or liberty, the question of his guilt or innocence, depend
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015 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxiWhen will our appellate judges recognize that their duty is to do justice, not simply to see that the judicial machine is run according to rules? When will our tribunals arrive at that very different point of view of the English and Continental Courts? Not so long as in American courts, Procedure is King; for while the claims of this tyrant are respected, it matters not what may become of Justice.Frank now made his last appeal to the Governor of the state, in whom is vested the ancient prerogative of the
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016 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:xii PREFACE TO VOLUME TENThe governor, however, did not set Frank free. He sentenced him to imprisonment for life. But if Frank murdered Mary Phagan, was there one extenuating reason why he should escape the gallows? The evidence shows none; his friends, his counsel, and he himself never suggested one. If, as may be the case, the Governor's intention was to keep him in prison until the public excitement had gone down and he could be safely released, then the state of Georgia was pledged to protect him against the mob. And when it
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017 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:### PREFACE TO VOLUME TENxiiiAs might be expected, this tragedy stirred the whole people of Massachusetts, and above all, the inhabitants of Boston, to the highest pitch of rage and indignation. The populace breathed only vengeance. Even minds better instructed and of higher principles than the multitude, in the excitement of the moment, could not endure the doctrine that it was possible for an armed soldiery to fire upon and kill unarmed citizens and commit a crime less than murder. Political animosity and natural antipathy to troops stationed in the metropolis sharpened this vindictive
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018 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:xiv PREFACE TO VOLUME TENIn the town, doubly anxious for the cause of humanity, the citizens felt an earnest desire that justice should not fall victim in her own temple. Among these, John Adams and Josiah Quincy, Jr., deserve the most honorable mention. They sympathized deeply with the masses of their fellow citizens in their hatred of the instruments of their oppressors and in their detestation of the principles these oppressors had been sent to maintain. No men had more openly or pathetically appealed to their fellow citizens or had more studiously excited their
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019 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxvThe soldiers were regarded with such abhorrence that they were only saved from summary punishment by the judicious efforts of the friends of law and order. The soldiers had a fair trial, the result of which has stood the test of time and the examination of impartial history.The result of the trial gained for the friends of freedom the respect of the world. No single occurrence did more to advance the cause of truth and just principles than what was denominated in the language of that day the Boston Massacre. It
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020 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:xvi PREFACE TO VOLUME TENIn the foremost rank of the patriots of that day, some of their number covered their names with imperishable fame.That curious ancient privilege, viz.: benefit of clergy, of which the two soldiers (Kilroy and Montgomery) convicted of manslaughter had the advantage (p. 508), originated in a pious regard for the church. By this, the clergy of Catholic countries were either partially or wholly exempted from the jurisdiction of the ordinary legal tribunals. It extended in England only to the case of felony; and though it was intended to apply simply
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021 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxviiThe Leisler rebellion in New York (Jacob Leisler, p. 512) was the outgrowth of the anti-Catholic wave that swept over England and her colonies during the reign of James II. Leisler’s imagination greatly magnified the danger of a general religious war. He was no traitor to William of Orange; his effort was to hold the government for the Protestant cause. However, he possessed none of the qualities of a leader—a simple New York merchant, his education did not fit him for the trying emergencies in which he was placed. He was
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022 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENThere is no reason to doubt the general accuracy of the report, although some of the statements in it should be received with much allowance. The trial, as reported, gives evidence of great learning, research, and skill on the part of the prisoner's counsel, but some of the discussions which relate to mere questions of abstract law are here omitted.Judge Gerard, American Ambassador at Berlin from 1913 to 1917, is quoted as saying that it will be hard to find a punishment to fit the case of the Kaiser and his
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023 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxixThe learned gentleman who had previously argued that a whale could under no circumstances be classified as a fish was equally unsuccessful in his view that a negro might be the father of a white child.In sentencing Robert McConaghy to death (p. 601), the judge remarked that for barbarity, treachery, and depravity, McConaghy's cruelty and wickedness were unmatched by the pirates of the West Indies or the savages of the wilderness. On a summer day on a small farm in Pennsylvania, McConaghy murdered the entire Brown family, except for the husband
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024 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENTo be sublimely ignorant of what the great dramatist has written about the comparative value of one's purse and good name is to treat a blackmailer as a person to be dealt with most tenderly—witness the mild sentences given to Cook and Mrs. Hirsch. Our national legislature has made it even easier for this class of blackmailers by enacting a law, which, as construed by our highest Court, allows a notorious prostitute who induces a boy of 17 to pay her fare on a steamboat, railroad, or streetcar to pose in
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025 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TEN XXLJust as the principles of private law are to be found in the customs of their people, in the writings of their jurists, and in the decisions of their courts, so the unwritten international law is to be found in the customs of nations, in the works of international writers from Grotius down, and in the decisions of civil, criminal, and prize courts. And just as these principles have in the case of private law been written in statutes, so in the case of international law have they been embodied
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026 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Preface to Volume TenThere is a striking picture of the personages—lawyers and judges—who clashed so strongly in the celebrated trial of James Thompson Callender (p. 813).It was a picturesque gathering of Virginians that awaited the opening of the United States Circuit Court on that summer morning. The ugly fashions of the French Revolution had not yet found much favor in the Old Dominion, and kneebreeches, low shoes, buckles, buttons, and queues tied with ribbons were still in vogue. Yet, it was not their dress but their faces and bearing that particularly distinguished these gentlemen
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027 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxxiiiDespite the significance of the issues at stake, it was not these momentous matters that primarily attracted the attention of the legal profession. Instead, it was the personality of the judge who was set to preside over the case that drew the majority's interest. His Honor was likely the most violent, the most feared, and the most despised partisan ever to sit on the Federal bench.The following account pertains to Judge Samuel Chase:Samuel Chase's reputation was not solely built on his judicial role. In the turbulent times leading up to the
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028 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:xxiv PREFACE TO VOLUME TENWith considerable education and experience, and ability as a lawyer, he had the majority of the attorneys who practiced before him at a distinct disadvantage. Those whom he could not unhorse with legal learning, he cowed and silenced with jocular or brutal tyranny, as best suited his humor. Perhaps his gravest offense was political activity, with which he never allowed his judicial duties to interfere. He had not been long upon the circuit before angry outcries were raised against his aggressive Federal partisanship. Opposition of this character, however, merely excited
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029 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxxvThe case continued until nearly ten o'clock, when the attendees slowly moved towards the scene of action, and a few minutes later filled the courtroom to overflowing.At a table beside the judicial desk sat William Marshall, clerk of the court and brother of the future Chief Justice, and near him stood Mr. Nelson, the District Attorney, with David Robertson, the shorthand reporter, whose notes were to prove an invaluable exhibit in the subsequent impeachment of the judge. The attention of the audience, however, was mainly directed to the prisoner, his bondsman,
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030 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PREFACE TO VOLUME TENxxviMost of those who returned his scrutiny were complete strangers to him, for until the present term of the court, he had never set foot in Richmond. Doubtless, many of the spectators were prepared to find him a fiend in human shape. But though his expression was somewhat forbidding, his large, strong, clean-shaven face was not uncomely, and his giant frame suggested strength rather than brutality. Nevertheless, his small, snappy, shifty eyes had a dangerous glint, and there were ominous lines about the corners of his mouth, betraying possibilities of an
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031 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:TABLE OF TRIALSThe Trial of EDWARD D. WORRELL for the Murder of BASIL H. GORDON, Union, Missouri, 1857Pages 1-162The Trial of JOHN HODGES for Treason, Baltimore, Maryland, 1815Pages 163-181The Trial of LEO M. FRANK for the Murder of MARY PHAGAN, Atlanta, Georgia, 1913Pages 182-414The Trial of WILLIAM WEEMS and Seven other British Soldiers for the Murder of CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, and PATRICK CARR, Boston, Massachusetts, 1770Pages 415-508The Trial of CAPTAIN THOMAS PRESTON for the Murder of CRISPUS ATTUCKS and others, Boston, Massachusetts, 1770Pages 509-610The Trial of EDWARD MANWARING, JOHN
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032 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:TABLE OF TRIALSPAGEThe Trial of Mrs. Herman H. Hirsch for Blackmail, Atlanta, Georgia, 1918666-688The Trial of Pedro Gibert, Bernardo De Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo De Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velazquez, and Juan Montenegro for Piracy, Boston, Massachusetts, 1834699-773The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800781-782The Trial of James Thomas Callender for Seditious Libel, Richmond, Virginia, 1800813-876Independence877-882---
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033 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF EDWARD D. WORRELL FOR THE MURDER OF BASIL H. GORDON, UNION, MISSOURI, 1857THE NARRATIVEEdward D. Worrell was the only child of Dr. Edward Worrell of Dover, Delaware, a college president. He was well-educated and, after practicing dentistry for a while, enlisted in the army. In 1855, he was stationed at Fort Leavenworth as a sergeant. He deserted in company with William H. Braff of Macon, Georgia, in the early part of January 1856, and started east on horseback. While traveling through Warren County, Missouri, they fell in with Basil H. Gordon,
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034 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:2 X, AMERICAN STATE TRIALS.Upon arriving at the location, they discovered blood all over the mow, which continued to a ravine about fifteen feet from the road. There, they found Gordon's body, covered with brush and snow, with a hole through the head as if made by a large pistol ball. His pockets were turned inside out, and his watch and all his money were gone.Worrell had been seen in St. Charles leading a horse that resembled Gordon's. From there, he went to St. Louis, remaining there for three days and going to the
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035 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLTHE TRIALIn the Circuit Court of Franklin County, Union, Missouri, January 1857.Hon. John H. Stone, Judge.Edward D. Worrell had, at the May Term of 1856 in the Circuit Court of Warren County, been indicted jointly with William H. Bruff for the murder of Basil H. Gordon.**Bibliography:** "The Law of Circumstantial Evidence and of Insanity. A Report in Full of the Trial of Edward D. Worrell, Indicted for the Murder of Basil H. Gordon, Held at the Court House in Union, Franklin County, Missouri, January 19, 1857. Reported by John Delafield, Esq. St.
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036 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:4 XZ, AMERICAN STATE TRIALS.On May 6, the defendants appealed to the court for a change of venue on the grounds that "the inhabitants of this entire judicial circuit are so prejudiced against these defendants that a fair trial cannot be had in the same." This application was granted, and the indictments were transferred to the Franklin Circuit Court. The prisoners were delivered to the sheriff of Franklin County, and at the September term of the Franklin Circuit Court, the case was continued to a special term of the court to be held in
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037 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLJanuary 19Today, the special term of the court opened for the trial of Edward D. Worrell, following a severance of the prisoners who had been jointly indicted. The prisoner was brought into court, attended by his father and mother. When called upon and the indictment read to him, he pleaded not guilty.D. Q. Gale, Circuit Attorney; John D. Coalter and W. V. N. Bay, for the State.Uriel Wright, for the Prisoner.The indictment alleges that Edward D. Worrell, along with William H. Bruff, feloniously, willfully, deliberately, and premeditatedly, and with malice aforethought, did
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038 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:6 X. AMERICAN STATE TRIALS.January 20.Mr. Coalter asked for a continuance, which was refused. The following jurors were then selected, after Judge Stone had ruled that the opinion formed from rumor, in order to disqualify a juror, must be of such a fixed character as to enlist the feelings of the juror either for or against the prisoner and create, in the language of the statute, a bias or prejudice.---**Coalter, John D. (1818-1864).** Born in South Carolina, he came with his parents to Missouri when they settled in St. Charles County. He was sent
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039 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLThe jury members empaneled against him were: Joseph Woodruff (foreman), Thomas B. Renick, David M. Tyree, Burrell Roland, Reuben Bledsoe, Dorsey Waters, George Woodcock, Moses V. Kean, Jeremiah Pierce, William T. O. Dickinson, and Jeremiah H. Williams.MR. COALTER'S OPENING SPEECHMr. Coalter: Gentlemen of the jury, at the request of Mr. Gale, the prosecuting attorney of this circuit, I rise to address you with a few remarks. I do so at his request because of my earlier knowledge of this case, which involves a transaction in another county and has been brought here
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040 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:8 XY. AMERICAN STATE TRIALS.At the time the act took place, and also prior to it, the murderer intended to commit the deed.I desire in this opening to be very brief, and therefore shall not dwell further upon mere definitions of law. This indictment contains two counts. The first charges the prisoner, Worrell, with being the principal who committed the act, and that Bruff was aiding and abetting therein. The second count charges Bruff as principal, and Worrell as accessory. It makes no difference which did it, if both aided and were present. In
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041 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLGentlemen, a bullet passed through the brain of the victim. The nature of that wound was such that he must have been summoned in an instant to eternity, without a moment's preparation. Every man, no matter how exalted, how pure, or how good, must have time, however short, to meet his God. We all must make our peace with Him. Mr. Gordon must have died in half a second. When the body was found, all inquiry as to his fate, of course, ended. Two men had been last seen in his company.
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042 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:10 X, AMERICAN STATE TRIALS.It is unnecessary to mention that each party is trying to convict the other. It would make no difference. Both are equally guilty. However, I know from depositions on file in this case that the main effort in the defense of this man will be to show that he is not responsible for his conduct due to insanity. After the evidence is presented to you, it will be a hopeless task to argue that the defendant did not commit the act charged against him. No human eloquence would suffice to
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043 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLEccentricity of conduct in any man's life can never be considered an excuse for willful crime. It never has been.But I deny that the prisoner is crazy. If at previous intervals he may have exhibited such symptoms, it has no application to this case. The hinge on which this question must turn is not as to—Counsel for the prisoner asks Mr. Coalter not to anticipate what defense is to be made, but simply to state the facts the State expects to prove.Mr. Coalter: I thought it fair—and in fact to the advantage
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044 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSWe had our daguerreotypes taken but left before the pictures were finished; and it was arranged that Gordon, on his return, should take one to Wentz's office at St. Charles, and Sheerbarth would take the other.We reached Huntsville, Randolph County, on the evening of Sunday, January 20. The next day, we left Huntsville. Mr. Gordon parted with us to go alone directly to St. Louis, while Mr. Sturgeon, myself, and Mr. Pratt continued on to Jefferson City. Mr. Sturgeon and I arrived in St. Louis on the evening of January 26.
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045 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WOERRELLCaptain Couzins handed me this watch (here shown). Captain C. is a well-known police officer of St. Louis. I know this watch was Gordon's. Under a piece of black silk, there is secreted an old-fashioned watch paper having on it the name of Gordon's father, his mother's maiden name, and the date 1802. Gordon joined me in 1854, at my invitation, on the Ohio and Mississippi Railroad of which I was chief engineer. Afterwards, I appointed him my principal assistant on the North Missouri Railroad. I had daily and hourly intercourse with
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046 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:14AMERICAN STATE TRIALS.At Grove Prairie, the nearest house west of it being Mrs. Stevenson’s, the feet of the corpse were lying nearly east, head west, and twirled over very much. I saw the body stripped and examined. There was a large cavity in his head, about as between my fingers. I did not examine the depth of the wound. The ball did not come through and through. The wound was evidently done by a leaden ball. The body was frozen and must have lain there eight or ten days, from appearances. It had not
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047 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLI saw a pony mare, a sorrel. "A man claimed the horse as stolen," (objected to and excluded by the court). I identify Bruff, who is now brought in.**Cross-examined:** I had never seen Worrell before that day. I saw him soon after his arrest in the St. Louis jail in a cell. Two cells were pointed out as containing them, but not discriminated. I have seen him about four times since I first saw him. I went to his cell about three times. I went to see him about the pony. The
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048 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:16XY. AMERICAN STATE TRIALS.I saw Worrell's face, two and a half or three miles off. Since then, I have seen Worrell in St. Louis jail. I recognized him, and he recognized me. This was the first time I saw him after he left my house. When I entered the jail, two friends went in with me. I walked behind them; they went in first. Worrell was then in the large hall, not in the cell. I saw the catch of his eye. Worrell at once stepped around, shook hands with me, and said, "How
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049 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLI was going east, towards him, and could have seen the body, if he had not been covered, at about 40 yards before you came to him.**Cross-examined:** If there had been no snow, the brush would not have hidden him. There must have been one or one and a half feet of snow that fell between the time he left my house and the time he was found. I never saw Gordon before, as I recollect. When I told Worrell about Dr. Watkins, Gordon, I think, said he had seen him, but
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050 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSI found him to be tolerably well, though he seemed low-spirited. I thought it best not to prolong the conversation, so I said to him, "Mr. Gordon was a co-laborer of mine on the railroad, and he was a near friend of mine; please state whether he suffered or not after he was shot?" His reply was in these very words: "I can assure you, sir, he did not suffer." I was not present at the finding of the body, but I arrived just afterwards, and before the coroner was called.
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051 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORKELLThe back part of the head is more fatal than the front. Suppose this wound did not touch the spine, which would produce death, but judging from the description, it severed a diverging nerve, which would also produce death.WILLIAM H. PACEI have seen the prisoner on the 24th of January last, at James Jones' place, on the Boonslick Road, ten miles west of Warrenton, in Montgomery County. Two other gentlemen were with him; I did not know them. The prisoner was one of them. They came in to pay their bill to
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052 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS.I was in the wagon with Mr. Pace when we saw two men. I did not see them again until we reached Hickory Grove, about two miles from Mrs. Stevenson’s. At that point, there were only two men. One of them, whom I had seen before, was leading a horse without a saddle. I saw them again at the creek below Mr. Kenner’s, where their horses were drinking. The two men I saw the day before were accompanied by three horses.During cross-examination, Mr. Pace and I confirmed that we occupied the
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053 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL,21Hartwell Richards testified that he had seen the prisoner near the corner of Broadway and Mullanphy Street in St. Louis. Richards kept a boarding house and recalled that on about January 25th, 1856, Worrell came to his house between 11 and 12 o'clock and stayed until Sunday, approximately one day. Another man named Bruff was with him. Richards identified the prisoner as Worrell and confirmed he had seen Bruff as well. At Richards' house, Bruff went by the name Charles Strong, and Worrell used the name John Ross. Richards asked them their
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054 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSWe purchased the horse, saddle, and bridle from Worrell after he sold him again. All three horses were sold in Vincennes. Worrell then left on the train for Terre Haute and Indianapolis. He sold two of the three horses, while Bruff sold one. I paid $65 for the horse, which was worth not much more at that time as it was quite jaded. If it had been in good order, it would have been worth $125, as horses were sold then. Worrell went by the name of H. C. Worrell and
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055 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL23**George A. Signer:** I know the horse and saddle which Mr. Gordon rode away last January. The horse was a chestnut sorrel. The saddle was mine. It was a black English tree saddle. I lent it to Gordon on January 12, 1856. Afterwards, I saw it at Vincennes, in the possession of Mr. Gould, sometime in February 1856.**Erasmus L. Wents:** I know Worrell. I saw him for the first time at Dover, in Delaware, in the street. The next day, I saw him again; he came in company with Capt. Couzins to
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056 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:24 X, AMERICAN STATE TRIALS.On about the 26th of February last, around 11 o'clock, Couzins arrived about 8 o'clock in the evening. I had no warrant for his arrest and was not present when he was arrested. We first found his name at Crestline, on the Cleveland & Columbus Railroad, on a register. I was in Vincennes two or three times. In pursuit, I stopped at Gould's, and Couzins was along. We found a name on a register at Gould's, which Mr. Gould told us was registered by him. I don’t think it was
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057 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 25We traced this description until we got to Pittsburgh, where we learned he had shaved. After this, the description was the same except for his beard.Captain J. E. D. CousinsI reside in St. Louis and am presently employed by insurance companies as an inspector of buildings. I have been in the police force for many years, serving as captain and in other offices. I saw the prisoner for the first time at Dover, Delaware, in a tavern there. Mr. Worrell came with me and one or two others to the railroad
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058 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS.We did not want them to see it. He then said he was very glad. He afterwards told me he had been expecting it. He seemed to go willingly. He could not do otherwise very well—a man had hold of each arm. He made no refusal to come willingly, except as I said before, he refused to have the handcuffs put on in the room. When we got down to the hand car, I did put the handcuffs on him. I told him I never traveled in custody of a prisoner
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059 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLThe purpose of this text is to address the case made by the prosecution and to outline the grounds of the defense.The defense will be presented under two general headings:I. I shall first consider, on the supposition that Worrell is to be treated as a responsible being—a rational creature, having control over his actions—a man, amenable to his Maker and to government, whether the State has proven the charges against him as they are set forth in the indictment. In Missouri, we have two kinds of murder—one takes life, the other only
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060 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:28 X. AMERICAN STATE TRIALS.In my defense, I submit that the proof has not established the proposition.The indictment contains two counts. On its face, a want of knowledge of who killed Gordon is manifest. Without knowledge, it is framed to meet contingencies. In the first count, it is charged that Worrell killed him—killed him with a pistol—and that Bruff was by, aiding and abetting only. No sooner has the pleader drawn the charge than he reverses the accusation, and declares in a second count that it was not Worrell who killed Gordon—that he was
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061 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 29What may be considered murder in the second degree in other states may only be manslaughter, or justifiable or excusable homicide here. Amidst this confusion, one thing is certain: murder in the first degree—capital murder—cannot be made out of implied malice. Nothing but express malice, proven as a fact and found by the jury, can constitute capital murder in this state. I do not include in this proposition a class of murder in the first degree that is elevated to that degree by reason of being committed in the attempt to
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062 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:30 X. AMERICAN STATE TRIALS.In the hierarchy of offenses, and among murders recognized by common law, as well as by the codes of Pennsylvania, Tennessee, and New Jersey, some are classified as manslaughter, while others are deemed excusable or justifiable homicide. The remainder constitutes murder in the second degree.You will notice from the reading that one class of murders is designated as murders in the first degree because they are committed in the attempt to perpetrate a felony. However, the defendant is not charged with such a murder; and not being charged, he cannot
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063 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WOREKELL, 31There is no proof establishing that he knew of the design prior to the act and participated in it. If he is a responsible being, the evidence establishes the offense of larceny. The appropriation of the horse was subsequent to the death. If he counseled Bruff to flee after the deed, or aided him in his escape feloniously, he might be held responsible as an accessory after the fact—but he is not charged with that offense. To make him responsible for the murder, one of two things must be made manifest
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064 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:382 X. AMERICAN STATE TRIALS,A firm of pork packers at Washington, where one member of the firm makes a contract with you, binds every member of the firm because each member has made every other member an agent to act for him. Thus, the act of any one member becomes the act of all, and all are therefore responsible. That is partnership. And so there may be partnership in crime. If two men agree to commit murder, one to do the deed, and the other to stand by and help if need be, or
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065 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 33The concept of "malice implied" in law is a legal fiction—a presumption made in the absence of knowledge. It is a leap in the dark, a guilty guess as to how and why a killing took place, without knowing either the how or the why. It is an arbitrary fiat substituted for proof, demanding proof to overthrow it. It is a conclusion forced on the conscience of a juror, which he must take for truth and act on as truth until the accused, by evidence, shall establish it to be a
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066 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:384 X. AMERICAN STATE TRIALS.We can't send him to the gallows upon it. It is a libel on our nature to presume without knowledge that every killing is with malice. Although man is capable of cold-blooded assassination, he naturally recoils from the deed; and for one murder done in cold blood, there are a hundred killings that result from misfortune, or great provocation, giving rise to sudden passion, or the instinct of self-preservation. If any presumption must be made by the law, the presumption should be more in harmony with reason and experience. But
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067 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 35The responsibility lies upon others. It is a concept defined in the following words: "Express malice is when one, with a sedate, deliberate mind and formed design, kills another; this formed design is evidenced by external circumstances discovering that inward intention, such as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him harm."Thus, jurors, you see what it is you have to find, and also what is the evidence of its existence. You have to find a fact—the condition or state of the mind at and before
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068 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:36 X. AMERICAN STATE TRIALS.In the presentation of facts, the circuit attorney frankly admitted to the court and jury that the offense would only be murder in the second degree. He relied upon the subsequent flight of Jackson (who did flee and was arrested some months later in Iowa), and a former grudge, as evidence to elevate the case to the grade of murder in the first degree. He put the case to the jury on the ground, frankly and properly conceded, that a killing, under unknown circumstances, was only murder in the second
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069 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 37The power to take life is the most awful power a government possesses, and because of its gravity, its exercise demands the utmost caution. A government may take life, but it should be fatal to the peace of any tribunal of government to do so by crossing the line that marks the distribution of power. If the boundary is doubtful—if we are not certain of the legal territory on which we stand—humanity, the spirit of the law, and justice itself demand that the path of safety is to err humanely. We
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070 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:38 X. AMERICAN STATE TRIALS.Indignation so deep and so universal was felt, and Providence supplied what indignation could not furnish.Thus, in limine, my friend would have your feelings prejudge the case. He would have you enlightened by the judgment—the foregone conclusion—of a "whole people," and awe you against any resistance to their decree. Into this sacred temple, whither Justice has retired, calmly, severely, and carefully to weigh, to deliberate, and to mature her even judgment, my friend madly rushes and flings the passions of a multitude into the scales.His classic memory alone ought to
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071 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 89The vindication and the eulogy are both wrong—both hurtful—both illegal—both disturbing elements which the law carefully shuts out from the consideration of court and jury. I have no word to utter against the deceased—none. The law puts his character out of the reach of an assailant here—out of the reach of eulogy also. His character is not in issue in this cause. If that character was good, the law will not permit you to hear it, lest the memory of his virtues might awaken undue indignation; if bad, the proof of
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072 Sheet – American State Trials 1918 Volume X Leo Frank Document
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
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073 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 41Appeal to hurtful prejudices. His work was but half done; it remains for him to shape the defense, and crush it in advance."I know," he exclaims, "there is not human power enough to deny the guilt of Worrell—it will not be denied; but the plea of insanity will be set up. Everything nowadays is insanity. Drunkenness is insanity; eccentricity is insanity; forgery is insanity. Huntingdon was insane. Insanity is the broad, common cloak spread to cover crime."Jurors, I am sorry to see a man of talents and high moral position, like
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074 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:42 & AMERICAN STATE TRIALS.Was it that, inoculated with the virus of prejudice against the plea, you should look hatefully upon the proof of it? Or were you to be so blinded by this cataract of denunciation as not to see the defense at all?If juries have let some men escape under the plea of insanity, are you therefore to hang a madman as compensation to baffled justice? Are you to forget your oaths and stifle your consciences because other juries have been careless of legal obligation? "Attend to your own business" is a
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075 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 43In the middle of the nineteenth century, a rampant guilt devised fraud of the gallows and the penitentiary!A man may smile at this folly as the senseless cry greets him on the street, or he reads it in the expression of thoughtless type, hastily put up to sustain a nine days' wonder. However, he may not smile if he sees this stupidity come into court decently dressed, and taking its seat on the bench, at the bar, or in the jury box.Silly individuals sometimes lift the same hue and cry against
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076 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:44 X. AMERICAN STATE TRIALS.You are to judge by intuition, not by reason. You are to cut yourself off from the influence of all knowledge gained by others after long study and painful examination of the human mind in ruins, and trust to instinct. Your own unenlightened reason is not even to guide you. It is a question only of eyesight! As the afflicted were "to look on the golden image and live," so you are "to look and determine." This is simple and summary, and, one would suppose, final, too; for if error
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077 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 45If there is one subject within the circle of disease that more than another tasks and taxes the human mind, it is the subject of insanity. This is the opinion of every author who has written upon it, of every medical jurisprudent, of every keeper of lunatic asylums, and of every man who professes to have learned by study anything of the manifestations or phenomena of mental disorder, without exception. Yet my friend exclaims, "Does not every person know an insane man when he sees him?"I wish it were so! I
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078 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:46 X. AMERICAN STATE TRIALS.Anyone who has made advancements in the field of science cannot help but be impressed by the great truth that "man is wonderfully and fearfully made."Insanity can be detected by a mere look! However, there is feigned insanity, which can be so convincing that it often baffles even the most enlightened investigators. There is also concealed insanity, which can be so crafty and subtle that it deceives even the most experienced keepers and physicians of lunatic asylums when deciding on a patient's discharge. In other words, the insane patient is
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079 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. © 47The joint report of all the physicians concluded that the prisoner was certainly insane at the time of the killing.The case provided an excellent opportunity for the "looking" test of insanity. The counsel looked, but could not see it; the jury looked each day upon the prisoner, but could not see it; the judge looked, but could not see it. If sight alone had governed, the prisoner would have been hanged. And now, jurors, what did save that man's life? There was a judge presiding in the case and watching
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080 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:48 X. AMERICAN STATE TRIALS,Gentlemen, the legal test of insanity laid down by the prosecution is not law. Our own Supreme Court has repudiated it in the case of Baldwin. Knowledge of right and wrong is possessed by both the sane and the insane. I grant that for several hundred years, it was the only test for the common law. The obstinate ignorance of the English Bench yielded to the genius of Erskine, what it denied to the experience of lunatic hospitals, and granted in Hadfield's case the existence of insane delusion, under cautious
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081 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 49You have been led to believe that no difficulty can attend the investigation of either subject, that your pathway in both will be as "easy as the road to a mill," and that you may therefore dismiss from your minds all anxiety, all perturbation, all solicitude, touching the rightful exercise of the power of life or death, now committed to your hands. I must say, as respectfully as I know how to utter the words, this is "bad advice." To yield to it is at once a crime in morals and
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082 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:50 X. AMERICAN STATE TRIALS.This aspect of it necessarily creates the difficulty of the investigation. How shall we distinguish between crime and insane impulse? May we not mistake one for the other? Is there not danger that a mistake may be of grave consequence, on the one hand to give impunity to guilt, on the other to put to death the innocent? Yes! There is difficulty, there is danger, a mistake is easy; we may confound two things as opposite as heaven and hell. Acting upon the error, you may bring a result which
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083 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 51After the close of the evidence, I will refer you to many authors. At present, I read to you from Ray's Medical Jurisprudence of Insanity, section 381:"To determine exactly the mental condition of an epileptic at the moment of committing a criminal act is often a difficult task. It may have taken place in the absence of any observer, in a fit of fury that rapidly passed away, and which perhaps may not have followed any previous paroxysm; or the accused, though subject to the disease, may not have recently suffered
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084 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:52 X. AMERICAN STATE TRIALS.A few diligently conceal it, or if they avoid it, declare their murderous designs and form diverse schemes for putting them in execution, testifying no sentiment of remorse.The most of them, having gratified their propensity to kill, voluntarily confess the act and quietly give themselves up to the proper authorities. A very few only, and these to an intelligent observer, show the strongest indications of insanity, fly, and persist in denying the act.While the criminal act itself is in some instances the only indication of insanity, the individual appearing rational
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085 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 53The kind and gentle do not in a day grow hungry for blood. Such violent and sudden antagonisms are the surest evidence of mental disease. The law of evidence permitting proof of good character in criminal cases is founded upon this philosophy of man's nature, and it is a true philosophy. It is introduced as proof that the crime was not committed, not to excuse it. If piety, honesty, and gentleness may perish or turn to their opposites in a moment, if they cannot furnish any resistance to the influence of
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086 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:54X, AMERICAN STATE TRIALS.The only fact in the case that bears any force against the defense of insanity is the appropriation of Gordon's property. I will not omit the topic of motive when I come to the argument of the case.THE WITNESSES FOR THE DEFENSE.**Hartford T. Clark:** I have known the defendant since September 1852, when he enlisted in the United States Army. I first saw him at Carlisle Barracks, Pennsylvania. He was then a member of B Company, First Dragoons. He left the army in New Mexico, discharged by order from the Secretary
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087 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Edward D. WorrellI first met Edward D. Worrell in Boone County, Missouri, in the spring of 1855. He told me he was a private in Company B, Dragoons of the U.S. Army. He desired me to make an application to the Secretary of War for his discharge from the army. He appeared to be in trouble and expressed himself in very singular language, so much so that I thought he was laboring under strong mental derangement. I have seen him several times since. When not depressed in mind, he was a very sociable and
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088 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS.There was no picture there. He was working his fingers without any apparent object, and soon commenced pulling the hair out of his head. His eyes were wandering, and he seemed to me evidently to be out of his right mind. He had only been sick for two or three days. On the only two occasions on which I saw him in this condition, I was a member of the same company. He often showed me his private correspondence; frequently showed me letters from his relatives and from a young lady,
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089 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL57I knew several individuals attached to his family who were crazy. I have known his father to be a very eccentric man. It has been commonly understood in the neighborhood that Mr. Worrell attempted to commit suicide. He was at times so changeable that he shifted his focus from the study of divinity under Bishop Kent of Indiana to medicine, and from one profession to another without any apparent reason. I have heard from common reports that his grandmother was eccentric on the subject of nicety. I have known several relatives of
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090 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:58X. AMERICAN STATE TRIALS.George Urghart: I had some personal acquaintance in 1855 with Worrell; I boarded in the same house with him and his father and mother. He occupied part of my dental office and was constantly there during office hours, and paid every attention to his business. His manners and conduct in his profession exhibited skill. I had full confidence in Worrell, who often acted as my agent in collecting money. Worrell was frank and polite. He was an attendant on religious services, and I have no knowledge of his ever resorting to
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091 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLWe arrived in Baltimore on Sunday evening. Worrell stopped at Mrs. Elzie’s on Second Street, between Gay and South streets, a private boarding house. He told me he had formerly boarded there. The next morning, I met him on Baltimore Street with a friend. I introduced the prisoner as Mr. Worrell and told him we were going to have a glass of ale, inviting him to join us, which he declined. The only liquor I saw him drink during the entire trip was a glass of ale in Pittsburgh. I next saw
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092 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS60I am from Leavenworth and belong to the U.S. Army as a private. I knew Worrell from the time I met him at Columbus until he left Fort Leavenworth. He never drank to the point of intoxication. I don’t remember him being more quarrelsome than his duty required him to be. He was promoted as soon as he got to Fort Leavenworth. I went with him from Columbus to Fort Leavenworth in the summer of 1855. Since I first knew him until he left the army, I have known sudden changes
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093 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 61I don’t recollect all the persons who were present at the time of his illness in the orderly room. A short time after the doctor gave him medicine, he became calm. I don’t know what he gave him, nor do I know what caused it. I can’t swear it was not produced by liquor. I am not a physician and can’t swear anything about it. At the time of the controversy between the soldiers and citizens, Worrell said something, but I don’t recollect what. He was a very resolute man. I
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094 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS.Edward's normal condition was at Portsmouth, Ohio, at Eldon & Barra's store in the beginning of 1850. I don’t know if he had any fits at Cumberland. While there, he dashed out with only one or three dollars in his pocket to walk to California, determined never to stop until he got there. He broke away from us, and we knew nothing until a friend told us the next day. When he got to Pittsburgh, he wrote for money; received it; came back to Cumberland; then went to Portsmouth. One evening,
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095 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 63The symptoms were violent and more frequent in the forenoon. Sometimes they would begin with drowsiness. He became restless if things did not go right. He would then have a peculiar look in his eye, and then he would faint away. His pulse would flutter and then intermit. I sometimes thought he was going to die. All of a sudden, he would have a most violent spasm, and I thought he would break every bone in his body. His eyes afterwards would become fixed and glazed like the eyes of a
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096 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS.He woke up. As far as I saw, his condition was the same after the paroxysm at Portsmouth as at Baltimore. I saw him again in the same condition at Claysville, Ky. The day of that fit, he was more excitable than I had ever known him. The fit was at night. There was no object more than usual to excite him. Generally, a word from me, or my hand on his shoulder, will control him. That day, I went to him several times and asked him what was the matter.
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097 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 65I would pat my hands over his eyelids, and it seemed to compose him. He would continually talk, call over the roll of soldiers, and almost invariably call constantly on Lieut. Clark and ask if his horse was ready for him to go to Leavenworth City. Sometimes he was apparently cheerful. The alternations from cheerfulness to depression were not founded on any causes I could account for; they were generally sudden. From the latter part of September 1856, until we came up here, I have not witnessed less than 100 paroxysms.
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098 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSThe mental symptoms were not changed materially after the paroxysm was over, in the cases which I have seen. Epilepsy is caused sometimes by mechanical violence, such as a stroke or blow on the head, and sometimes by grief, joy, fear, fright, or other emotions. All the passions, or most of them, may produce it. Some say that the brain of the subject will, on dissection, show traces of the disease, while many deny it. The disease is characterized by a disturbance of the mental faculties, which some say affects chiefly
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099 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL87It is easy. If I understand the duties of a first sergeant, he could not be an imbecile, as I have defined it, without it having been found out.Mr. Wright: Suppose it was uncertain whether the man who appropriated the property had anything to do with the deed, that he fled and acted as no sane man would act, would render himself conspicuous everywhere, proclaimed his name, wore the apparel which would identify him when he had the means of changing, would not flee when pursued, volunteered to tell the property to
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100 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:68AMERICAN STATE TRIALS.Cross-examined: I have never seen epilepsy combined with the form of insanity known as irresistible impulse. There is a form of insanity known as homicidal mania, when a person, knowing right from wrong, has no power over the will. I have never known an epileptic to commit suicide. Epilepsy would not be more likely to produce a disturbance of intellect in later life if it began in early youth, unless the attacks were very frequent. It has, however, been known to be fatal in a few attacks. According to authorities on homicidal
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101 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL69A person afflicted in such a manner should not be continued in such an office. If the recruiting officer did his duty, a person so afflicted could not be enlisted.**Charles T. Clark.** I reside at Fort Leavenworth and am a quartermaster sergeant in the U.S. Army. I know the prisoner and knew him at Fort Leavenworth. He deserted on the evening of January 7, 1856. A sergeant named Bruff from Company I also deserted at the same time. Two horses were taken at the same time. I know the horse Worrell was
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102 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:70AMERICAN STATE TRIALS.I met with Worrell again in St. Louis and had a conversation with him. He recognized me and recalled the horse trade. I asked him if he did not think he should pay me my money back. He replied that he did not have my money, but he would make it right with me. I told him that by describing the horse, the man had proven to my satisfaction that he owned the horse. Worrell assured me that I would not lose anything by it; he would make arrangements for me to
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103 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL71I came back that night. I had no long or continuous conversation with Worrell while he was there. I don’t profess to be a good judge of insanity, but I know it when I see it plainly. I saw no effort on his part to conceal himself. It was very cold, and the persons in the house remained pretty much around the fire. Worrell did not stay in his room at any time except while sleeping. There was no fire in his room.S. H. GouldIn January 1856, I kept a tavern with
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104 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsMr. Gale, for the StateMr. Gale: Gentlemen of the jury, it becomes necessary for me, as the circuit attorney of this district, to address you in this important case. After the length of time you have been compelled to listen to the protracted details presented here, the calmness of your countenances shows me that you are prepared to do justice to the State on one side, and to the prisoner at the bar on the other. I implore you, gentlemen, to set aside all external influences and approach this as a new
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105 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLWe have all read lately of Huntington in New York, a wealthy nabob who had been practicing forgery for years. He set up insanity as his defense. Who is to judge this but the jury? Judge Coalter only stated to you what is true: that you are the judges of whether the defendant is insane or not. The defendant is charged with the murder of Basil H. Gordon. To this charge, a double defense is presented:1. The killing of Gordon by the defendant is denied.2. He is an irresponsible being and therefore
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106 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:74 YY. AMERICAN STATE TRIALS.To establish murder in the first degree, the prosecution must prove deliberation and premeditation, which together form the legal definition of malice: the concurrence of these states of mind and intention. Upon hearing this, I assume your minds are prepared to analyze this case. If you find there was express malice, you must find the prisoner guilty of murder in the first degree. If express malice is not clearly proven to your satisfaction, you must find the defendant guilty of murder in the second degree. The defendant's counsel read to
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107 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORPELLThe defense has taken a wide range, to which we have interposed no objection, beginning as far back as 1831. We have, on the part of the State, come up step by step, day to day, month to month, to the fatal January of 1856. The defendant's counsel tried to excite your sensibility on account of the remarks of Mr. Coalter upon the amiable character of Mr. Gordon. Would not the defense have promptly shown it if Gordon had been a rash, impulsive, and violent man? Would it not have been a
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108 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:76 &X. AMERICAN STATE TRIALS.You will no longer have to wait. I cannot anticipate Major Wright's defense. He will be elaborate and entertaining; he will read many cases. If he satisfies you that the prisoner was insane at the time of the killing, acquit him. Otherwise, you must find him guilty of murder in the first degree.MR. WRIGHT, FOR THE DEFENSEMr. Wright: Gentlemen of the jury, you must pardon me if I notice for a moment the extravagant eulogies lavished on me by the gentlemen of the prosecution. This sorcery which they impute to
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109 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 17The prosecution is moved to the law only by the point of the bayonet, and it will not budge an inch further than the practical puncture of the instrument forces it. "Implied malice," says Mr. Gale, "only makes murder in the second degree; the State must prove something more than that the killing was unlawful, to make the crime murder in the first degree.""Something more" must be proved! What is it? What is that "something more," Mr. Gale? In all his speech, he refused to tell you! Up to this period,
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110 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:78 X, AMERICAN STATE TRIALS.This is not a fact guessed at by you, or inferred, implied, or presumed by the law in the absence of knowledge. Can it be found in the evidence you have heard? The evidence is purely circumstantial. The State has not been able to introduce any positive testimony; not the least. There is nothing to guide you but circumstances, and therefore I have something to say about the nature and quality of that kind of evidence, and what it must be to warrant conviction.That such evidence has been treacherous, all
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111 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 79It is essential to be reasonable. Thus, this inference of the witness is made the starting point in the process of reasoning by the juror; and if wrong, in fact, secures error throughout the process of induction.A Dutch ambassador told the King of Siam that in his country, the water was so hard in cold weather that it would bear an elephant if he were there. The king replied, "Hitherto I have believed the strange things you have told me, because I looked upon you as a sober, fair man, but
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112 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:80 X. AMERICAN STATE TRIALS."Circumstantial evidence should to a moral certainty exclude every hypothesis but the one proposed to be proved." (1 Starkie 511, 512.) Lastly, "Circumstantial evidence ought in no case to be relied on, where direct and positive testimony is within the power of the prosecution." (1 Starkie 513.)Jurors, help me to try the circumstantial evidence in this case by the tests of the law thus laid down. You perceive without any labor of thought that evidence which satisfactorily and certainly proves that one of three persons, A, B, and C, did
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113 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 81Can you answer this question: If you answer (as the prosecution has asserted by indictment and by speech) that one of the two, Braff or Worrell, killed him, the answer shows that the evidence is inconclusive; upon such an answer, you cannot convict either. You perceive that the evidence must go another step further to enable you to think of condemnation. What is that step? The evidence must satisfy you beyond all reasonable doubt that Gordon was killed by one of the two, and that the other knew before the killing
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114 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:82 X. AMERICAN STATE TRIALS.The critical issue at hand is not merely the presence of a hypothesis but whether every other hypothesis is excluded to a moral certainty. That is the question! That is the question! And the enlightened conscience of every juror must answer it as he would if the life of his own child depended on the answer.How are you to answer it, gentlemen? The "how" reveals the incurable defect, the inherent vice of circumstantial evidence. You are tasked with reasoning out an unknown transaction; you must discern by the mind's eye
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115 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 8&3It is our duty to search diligently, anxiously, and honestly. If you reason badly, it is fatal. If you do not imagine well, it is fatal; and yet, circumstantial evidence is lauded as the guide of safety in the most awful of human inquiries!Jurors, consider the mass of victims sent to the scaffold by circumstantial evidence. I have neither the time nor the strength—and I may add, the patience—to wade through the melancholy records. Let me present to you the case of a poor girl in England, slaughtered, judicially slaughtered, though
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116 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:84 & AMERICAN STATE TRIALS.Gentlemen! Peer with the eyes of the mind through the infinitely possible combinations of circumstances, and group together facts in such a way as to save her. She is innocent! She has shed no blood! She was asleep when the deed was done! Her mistress died by the hands of others! I say others—and the innocent slumberer did not learn of the tragedy until hours after her mistress was in heaven or hell! Oh! Can you not see it? Reason out her innocence! Summon your imagination to the help of
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117 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 85It was hypothesized that she was guilty, but her guilt was not excluded. However, it never occurred to him to suggest to the jury that, as the house in which the woman was murdered stood upon an alley, on the opposite side of which was another house, also of two stories, it was possible that the murderer entered the opposite building, hoisted a window facing the alley, extended a plank to the sill of the window of the upper story of that in which the mistress was sleeping, walked across on
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118 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:86 X. AMERICAN STATE TRIALS.The fate of the unfortunate girl encapsulates the entire narrative. If we fail to learn from it, the lessons of broader experience would be futile. Had the advocate in her case assumed the actual truth of the events, would he have been listened to? Would his suggestion not have been dismissed with a sneer from the prosecution, or negated with the simple retort: "This is far-fetched"? Would the jury have abandoned the lie that seemed so plausible for the truth that appeared so improbable? The law instructed them to relinquish
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119 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 87Was it "without doubt rent in pieces"? The coat was Joseph's, but all that followed was an error made up of one false act and false reasoning from the known to the unknown. The blood was the blood of a kid, not that of his child; there was no evil beast; Joseph was not rent in pieces, but in full life, on his way to the court of Pharaoh and the house of Potiphar, to act an important part in Jewish and Egyptian history.The reasoning of the patriarch was quite up
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120 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:88 X. AMERICAN STATE TRIALS.Now, jurors, let us inquire if every possible hypothesis but the one sought to be proved is satisfactorily negated in this case. Gordon died from a single gunshot wound in the head; it was in the back part of the head. If the location of the wound excludes the hypothesis of suicide, the wound itself excludes the hypothesis of two actors. There was but one shot; that shot might have been accidental. There may have been no intention to kill by the person who shot at the time of the
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121 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 89Are you going to hang a man based on your best solution? That is precisely what was done by the jury who murdered the innocent girl; by Jacob; by every jury and every man that ever erred, fatally erred, on circumstantial evidence. It is this best, this plausible hypothesis that ever seduces and leads astray. I deny your power! The law is against it. The law will not act on the best, but the only hypothesis, if there be a "worst," "better," or "best," the law will not choose between them.
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122 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:90 XY. AMERICAN STATE TRIALS.In a case where the government itself fails in the end and object for which it alone was created, it is the "immedicable vulnus" of a State.You will remember, jurors, that the law does not require proof of these hypotheses. On the contrary, the law depends upon the principle that they must be excluded, excluded to a moral certainty by proof. They furnish a defense upon the bare suggestion of them, by showing that the evidence, the circumstantial evidence, of the State does not come up to the standard of
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123 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 91It is difficult to understand the erring reason of a juror as he is passing from the known to the unknown. When you attempt to place yourself in the position of my supposed spectator of the scene, and from your seats here undertake to see the transaction by the eye of Teagon, with the utmost respect for each, I must say that the chances are a thousand to one that you will blunder at every step.On the supposition that Worrell is responsible for his acts, the circumstantial evidence certainly proves a
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124 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:92 X. AMERICAN STATE TRIALSThe central question we must consider is, "Was Worrell a responsible being at the time of the homicide?"I have already admitted the difficulty that confronts me at this point. Even if the prejudice invoked by the opening speech of the prosecution did not arise at the call, or if it did arise but has since perished from your minds under the force of a higher sense of justice, I am still met with difficulty in the investigation.The form of mania I have to address, though complicated, is not the vulgar
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125 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 93Do not heed the counsel that is at odds with the letter and spirit of our laws, as you value all that men should hold dear.In my opening statement, I mentioned that the apparent motive for the homicide, furnished by the appropriation of the deceased's property, could not be disregarded in determining the state of mind of the prisoner. Sane men act from motive, and as sane men do, unhappily, find in property a motive to crime, such motive is held to be presumptive evidence of sanity. However, it is not
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126 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:94 X. AMERICAN STATE TRIALS.Worrell's manner of travel was no match for the cunning of an old and skillful detective, who could not be kept from the prisoner's track for long.The circuit attorney was embarrassed by the first step after the homicide. He initially thought the body was hidden in "a strange place," but upon mature reflection, he concluded that it was the best hiding spot. The reason he gave was that no sane man would ever think of looking for it in such a place! For this happy suggestion, he is perhaps indebted,
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127 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell's identity was established by a combination of distinctive features, or "remarkables." These included a notable lump, wen, or knot under his chin that caught the attention of even the most careless observer. Other distinguishing marks were a remarkable star on his forehead, a peculiar snip on his nose, and a singular growth of gray hair at the root of his tail, all set against the uncommonly beautiful and perfect chestnut color of his skin.Riding such a horse, equipped with a fine saddle and holding the reins of a beautiful
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128 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:96 X. AMERICAN STATE TRIALS.He has gotten him; promenades the town with the landlord; visits often the depot of the trains from St. Louis, and attends a ball held in that depot! He talks freely of Western affairs, showing an intimate acquaintance with the troubles of Kansas. He makes known his purpose to go East, changes his dress to the genteel costume of a gentleman at a party, and when it is over, resumes the apparel of the homicide. His extraordinary beard is still worn. The large fur gloves of Gordon he exchanges with
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129 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell, with his remarkable beard, his remarkable military pants, his military cap, and the not-so-remarkable saddlebags of Gordon, keeps his company without change until he reaches Pittsburgh. There, McGee induces him to have his mustache taken off, and the change wrought is so great that he is not recognized by a gentleman who had traveled on the cars with him from Vincennes. "You have the advantage of me," said the gentleman, "I do not know you." "I am Worrell, do you not know me? This is the difference"—pointing to the
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130 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:98 X. AMERICAN STATE TRIALS.McKee was told, "Well, he did!" He went to both Dovers, but wherever he went, he wore the cap and military pants, Gordon's watch with the watch paper in it, Gordon's saddlebags, and the one boot with the identifying patch. He first visited his friends and relatives in Maryland. They had no suspicion of crime, but his strange actions and curious conduct proclaimed his mental disorder, as detailed in the depositions from Maryland. Eventually, he arrived in Dover, Delaware, where his parents resided. He stayed at a conspicuous hotel, visited
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131 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLWhen left to himself, you do not find Edward D. Worrell acting under an alias. He is always conspicuously Worrell, without any other name. However, little significance can be attached to this fact if it were otherwise. The moment you assign a motive, a rational motive, to the change of name, you demonstrate the insanity of his actions through a series of acts that are irreconcilable with that motive.Did he change his name to avoid detection? If so, then why wear seven rings on his fingers? Why wear Gordon's watch? Why keep
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132 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:4100 X. AMERICAN STATE TRIALS."The blood of Gordon on his soul," he could sit in a theater, finding an interest in its mimetic scenes. He is horrified that Gordon's specter had not the power to drive him from the ballroom. Let him look to the records of insanity found in these books, and the marvel will cease. These facts, which so startle him, are the very marks of that insanity which shows no appreciable lesion of the mental faculties, in which the victim of the disease "never says a foolish thing, but exhibits his
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133 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 101.The conduct of the prisoner there is worthy of particular observation, and so do I; but we draw opposite conclusions from the same premises. As soon as the travelers enter the house of Hutchinson, Worrell pulls out his pistol, loads it in the presence of all, and lays it on the mantelpiece in full view, conversing the while with Gordon, who sits by his side. Is that the action of a sane man while meditating murder in the presence of his victim? Is it the conduct of one who responsibly conceives
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134 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:102 X. AMERICAN STATE TRIALS.You see him without a cause, and with a frantic look scattering a frightened multitude. You see him passing, after night, a sentinel whose duty compelled him to shoot. You see him the victim of insane impulses, which he has no power to resist. The prosecution is hard-pressed by these facts. Mr. Gale endeavors to explain the affair of the revolver by holding up Worrell as such a strict disciplinarian that, for mere loud talk in open day, he would kill soldiers and citizens! The argument is a suicide in
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135 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORBELLIn the case of Edward D. Worbell, the poor prisoner had no superior. What is insanity but the sudden and prolonged departure from the normal standard of character, without any known external cause?In 1853, Worrell entered the office of Attorney Morris, near Fort Leavenworth, to procure the aid of that gentleman in obtaining his honorable discharge from the army. He had a cause which, if presented, would have procured his discharge at once, but he concealed it; he never hinted at it; he pressed his case upon other and untenable grounds. If
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136 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:104 X. AMERICAN STATE TRIALS.The witnesses speak for themselves. There is a power in their presence and mode of testifying which drew from the circuit attorney the exclamation: "I believe every word they say!" But we can't educate away disease and misfortune. His epileptic disorder came upon him at seventeen, and his irresistible impulses evinced themselves earlier. But, neither singly, nor both together, have they been able to prevent the growth of high aspirations, kindness of nature, gentleness of disposition, integrity of soul, and honesty of purpose."Why did not," exclaims the circuit attorney, "why
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137 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 105It shocks the moral sense to assert it as a rule of judgment: "Murder must be committed by a sane person." The law has shifted the onus to presume sanity, but it is only a presumption—an arbitrary, artificial presumption—liable to be repelled by other presumptions. Whether balanced or completely overthrown by other presumptions, the affirmative rests on the State.There is said to be a presumption of law that one in possession of recently stolen property is the thief, but that presumption may be balanced or repelled by proof of good character,
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138 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:106 X. AMERICAN STATE TRIALSIf the answer should be "alive," the intent was to crush its life out; if "dead," to open his palm and give the captive liberty. The difference in these cases is stark: the life of the bird hung upon the caprice of a mischievous youth, while that of the prisoner hangs upon the judgment of his peers, sitting to administer the humane and merciful spirit of our law. You will bear me witness that the defense has, in its entire scope, addressed your intelligence and reason only. It has never
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139 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLThe limits of the circuit, and some few beyond the limits of the state, have been considered in this case. To have imposed the preparation of the case upon the circuit attorney would necessarily have required him to traverse the whole country in search of testimony, at a heavy expense without any legal claim for reimbursement, and to the entire neglect of those duties which more legitimately belong to his office. But independently of all this, no injury is likely to result to the prisoner from the fact that General Coalter and
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140 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:108 X. AMERICAN STATE TRIALS.The defense argues the following points:1. That Worrell cannot be convicted of murder in the first degree because he is not charged with committing a felony in the indictment.2. That there is no evidence of express malice, which is essential to constitute murder in the first degree.3. That even if Worrell committed the offense charged in the indictment, he was at the time laboring under mental alienation, or that condition of mind called homicidal monomania, complicated with epilepsy.I shall endeavor in my argument to follow the path the learned counsel
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141 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 109We were surprised to find that Gordon had not arrived. Several days elapsed, and we began to apprehend that something had happened to him. Walker learned from a Mr. McDonald, a railroad contractor, that Gordon had been seen on the 24th on the Boonslick road by a Mr. Ferguson, in company with two men, all on horseback. Walker started the next morning on the locomotive for St. Charles, having directed McDonald to go up on the Pacific road and return by way of the Boonslick road, and ascertain if possible where
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142 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:110 X. AMERICAN STATE TRIALS.A witness testified that he was about two miles east of Ferguson, in company with two other men, all riding horseback, one of whom was Braff. The witness was on his way to St. Louis with Mr. Hervey. This was around 2 o'clock in the afternoon. The witness remained overnight at Warrenton, got an early start the next morning, and as he passed Hutchinson's, he saw Worrell sitting on the steps. Worrell called out to the witness and said, "You have got an early start." The witness recognizes the prisoner
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143 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, IIIThey recognized me. The prisoner inquired about my family and the condition of the road. The body of Gordon was found two and one-half miles east of my house.I would here remark, gentlemen of the jury, that Gordon was never seen alive after he left Hutchinson's house.Mr. Pace, the witness to whose testimony I have already referred, says that about five miles east of the place where the body of Gordon was found, the prisoner and Bruff overtook and passed him. Gordon was not with them. Bruff was leading a horse
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144 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:112 X. AMERICAN STATE TRIALS.I would like to know if he suffered after he was shot. The prisoner replied, hanging his head, "He did not." Several days after this, I again saw the prisoner in jail; I told him that Mr. Gordon was a particular friend of mine and a co-laborer on the railroad, and I wanted to know if he suffered any after he was shot. He replied, "I can assure you, sir, he did not."Martin McMahon states that in January 1856, he was boarding at Christian Way's tavern in St. Charles. About
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145 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLEdward D. Worrell remained until the 6th, when he left by train for the East. Bruff left two days earlier. They brought three horses with them: two bays and a chestnut sorrel. The sorrel had a knot under its jaw. The prisoner sold the sorrel horse, along with a saddle and bridle, to my father. The saddle was a plain black one, with the pommel showing signs of wear. Mr. Morgan and Mr. Signer came to Vincennes from St. Louis and wanted to see the horse, saddle, and bridle, and we showed
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146 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:114 X, AMERICAN STATE TRIALS.Mr. Morgan testified that on the 13th of January in St. Louis, he let Mr. Gordon have a chestnut sorrel horse to go up the line of the North Missouri railroad. The horse was fine-looking and had a knot under the jaw about where the curb would come. He also took with him a saddle and bridle belonging to Mr. Signer, which was in my possession. Prior to this, I had used the saddle, and on one occasion carried up on the pommel some iron hinges and tools which scratched
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147 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 115The defense has attempted to discredit this type of evidence by parading before you the case of the servant girl who was executed in England for the murder of her mistress, when the homicide was, in fact, committed by another. He has also quoted one or two other cases in which innocent persons charged with the commission of high crimes have been convicted upon circumstantial evidence. These cases are mentioned in the books as having occurred at an early period and are as familiar to the law student as the story
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148 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:116 X, AMERICAN STATE TRIALS.It is not the case that jurors lie; however, witnesses may, and often do. The experience of mankind shows that jurors are often imposed upon by witnesses who testify under strong bias or prejudice, and by doing so give a coloring to the case which the facts do not warrant. This is particularly true when the testimony goes to the jury with an imperfect cross-examination. A juror cannot always know what is transpiring in the breast of a witness. A well-trained witness will sometimes testify as if he felt no
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149 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLMurders are almost invariably committed under circumstances of secrecy. The murderer abides his time and goes forth in the dark hours of the night to do his bloody work. Conscious that no eye is upon him but the Almighty's, he strikes the fatal blow, and under the cover of darkness makes his escape. If he cannot be made to suffer the penalty of the law except upon the testimony of an eyewitness, the sooner your penal code is abolished the better, for then man will look to himself alone for protection and
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150 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:118 X. AMERICAN STATE TRIALS.When persons confederate and engage in a common design, the act of one is the act of all. If a blow is given, the blow of one is the blow of all. This law has been recognized by our Supreme Court on several occasions, and recently in the case of *State v. Jennings*, reported in 18 Mo. 435.January 31.Mr. Bay: At the adjournment of the court last evening, gentlemen of the jury, I had closed my remarks with respect to the first proposition contended for by the counsel for the
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151 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 119In any arson, rape, robbery, burglary, or other felony, the first and second class express malice is essential and forms a necessary ingredient in the offense, while in the third class it is not supposed to exist. If A breaks into the store of B at night with no other intent than to appropriate to himself the goods of B, and B enters and discovers him in the act and attempts to do him bodily harm, and A, to protect himself, kills B, this is murder in the first degree because
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152 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:120 X. AMERICAN STATE TRIALS.In its legal sense, the term "malice" signifies an evil design in general, a wicked and corrupt motive, an intention to do evil. Blackstone, in his Commentaries, states, "That it is the dictate of a wicked, depraved, and malignant heart." Russell, in his "Treatise on Crimes" (vol. 2, p. 482), explains, "It is not to be understood merely in the sense of a principle of malevolence to particulars, but as meaning that the fact has been attended with such circumstances as are the ordinary symptoms of a wicked, depraved, and
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153 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 121If a private person endeavors to suppress an affray or apprehend a felon, and another person, knowing his authority or the intention with which he interposes, kills him, the law will imply malice. Similarly, if one shoots at A and misses him but kills B, the law implies malice, even though it is evident that he had no malice against B and did not intend to do him any bodily harm. Likewise, if one gives a woman with child a medicine to procure abortion, and it operates so violently as to
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154 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:122 XY. AMERICAN STATE TRIALS.The Supreme Court of Missouri has stated the same principle in the cases of *State v. Dunn*, 18 Mo. 419, and *State v. Jennings*, 18 Mo. 435.Gentlemen of the jury, I will now call your attention to the several facts and circumstances that demonstrate the malice requisite to classify this case as murder in the first degree. First, consider the character of the wound. It is established in all legal texts that when a wound is inflicted with a deadly weapon or a weapon likely to produce death, and no
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155 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 123In the case of the State v. Bower, 5 Mo. 364, the defendant was convicted of murder in the first degree, with malice inferred from the character of the weapon and wound. The proof was in substance: On the night preceding the homicide, the prisoner and deceased stayed all night at the house of Mrs. Roussiere, two miles from the place where the murder occurred. They appeared friendly while there and left her house together the next morning on foot, still appearing friendly. The prisoner carried a large stick in his
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156 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:124 X. AMERICAN STATE TRIALS.If a killing is premeditated, it constitutes murder in the first degree. For example, if one person, without uttering a word, strikes another on the head with an axe, this would be deemed premeditated violence under our law. It will constitute the offense if circumstances of willfulness and deliberation are proven, even if they arose and were generated at the time of the transaction. If the party killing had time to think and did intend to kill, whether for a moment, an hour, or a day, it is a deliberate,
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157 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 125Where the office of the company is located, the prisoner might, and probably did, suppose that he had a large amount of money in his possession.I might also allude to the fact of his assuming different names, and his flight of a thousand miles from the scene of the murder, and other circumstances developed in the case; but the entire case furnishes so many evidences of express malice that I am not doing your intelligence justice in supposing that you can entertain the slightest doubt upon this point. The idea that
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158 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:126 X. AMERICAN STATE TRIALS.Is there any other principle than that of alienation of mind? I gave the gentleman's argument my closest attention, and far from satisfying my mind of the truth of his proposition, he led me to the conclusion that the prisoner was a man of more decided intellect than I had attributed to him. The first act to which I shall call your attention relates to what transpired on the day of his desertion.As the first orderly-sergeant, it was his duty, and his alone, to detail every day a man to
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159 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLOn the contrary, others considered him quite shrewd in a trade. Hutchinson saw nothing unusual in his conduct; he appeared perfectly rational and behaved as travelers usually do.Major Wright thinks that, upon the supposition that he killed Gordon, his conduct at the place of the homicide is wholly inexplicable. He believes a sane man would have concealed the body in the thicket. To my mind, however, it is perfectly consistent with reason and exhibits a degree of shrewdness and a knowledge of human nature that few men possess. It was necessary to
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160 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:128 X. AMERICAN STATE TRIALS.Louis; and while in Vincennes, he attended a ball. It occurs to me there is nothing remarkable in this. He knew that no suspicion of Gordon's fate would likely be entertained for some time to come, and moreover, if his conscience upbraided him for the act, he might obtain temporary relief by resorting to places of amusement. Dr. Webster, after the murder of Dr. Parkman, and while the city of Boston was in the highest state of excitement growing out of the supposed murder, attended a convivial party of ladies
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161 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 1899It would convert the whole of New England into a lunatic asylum. I observe sitting on my left my old and much-esteemed friend, Major Robertson, with whom you are all well acquainted. How long do you suppose the Major could travel on a steamboat or in the cars without having something to say to at least three-fifths of the passengers? I am not certain, but it would seriously disturb the equilibrium of the Major's mind if he were not permitted to indulge in this social trait. Men in this particular are
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162 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:130 X. AMERICAN STATE TRIALS.I am not acquainted with either Wentz or Couzins. Wentz, it is true, consulted with one or two lawyers in Dover, but there is nothing to show that they communicated the fact to Worrell, and we are not to presume that they were treacherous to their client.The learned counsel thinks that if the prisoner were sane, he would not have acknowledged to Wentz and Couzins that the watch and saddlebags had belonged to Gordon; nor would he have stated to Sturgeon and Taylor that the deceased did not suffer after
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163 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 181Evidence had been found that the deceased's dental work, made by a dentist in Boston, was in the furnace; both of which helped to identify the body and connect the prisoner with the murder. Dr. Webster was a man of learning, a professor in a medical college, and his knowledge of chemistry gave him the power to destroy every vestige of the body in a few hours, so that the corpus delicti could never have been established. Yet he neglected to do it. He also volunteered statements to the brother of
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164 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:132 X. AMERICAN STATE TRIALS.Sergeant Clark states that the duty of a sentinel is regulated by his orders, and that he will always permit one of his own regiment to pass, if satisfied of his honesty of purpose. Worrell well knew that he ran no risk in attempting to pass Messick.In following the line of argument pursued by the counsel, we are next brought to inquire if the depositions filed on behalf of the accused furnish any reliable material for this defense.There is no species of testimony so unsatisfactory as that of depositions, more
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165 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 183The defendant approached the Secretary of War for his discharge. The witness told him that he thought it would be a hopeless undertaking, whereupon the defendant said, "that there was no use talking, he wished to God he had never been born, and that if he could not get out of the army honorably, he would not desert, but he would get himself out for good."Mr. Moore gives it as his opinion that the prisoner was laboring under strong mental derangement, and predicates the opinion upon the simple statement of the
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166 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:184 AMERICAN STATE TRIALS.In a society where profanity is not considered a crime, I should suppose such scenes were quite common. Any person discovering a quarrel at his door would be likely to resort to harsh means to quell the disturbance. Mr. Cavendish also refers to the sickness of the prisoner, deposed to by Clark as having occurred in December 1855. Witness saw him in bed and says he seemed to him evidently out of his mind; he was pulling hair out of his head and had been very unwell for two or three
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167 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 185A witness stated that he had frequently drunk with the prisoner in his room and had seen him in the saddle. What can be inferred from this, except the fact that his sickness and the delirium attending it grew out of excessive drinking? There is nothing in the evidence for the defense that furnishes us any other explanation of it.The deposition of George Urghart has been read. Although a physician occupying the same room with the defendant from February to July, 1855, he makes no allusion whatsoever to his mind but
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168 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:136 X, AMERICAN STATE TRIALS.James Dunn, in his deposition, has volunteered an opinion as to the insanity of the defendant. He met him in Baltimore in February last, in the office of Mr. Raisin, and conversed with him on the subject of Kansas and Nebraska affairs. The defendant, in the language of the witness, inflated himself with a considerable amount of gas and seemed much excited on the subject. If this is evidence of insanity, then the people of the United States have been unquestionably deranged ever since the passage of the Kansas-Nebraska bill.From
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169 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 137Gentlemen, I am through with the depositions, though it will be necessary to call your attention to some parts of them upon other branches of the subject.I wish now, gentlemen of the jury, to call your attention for a moment to that part of Major Wright's argument, in which he undertook to show that insanity was hereditary in the family of the prisoner. Upon an issue of this kind, it is held competent to introduce evidence to show the existence of the malady with the parents of the accused, or that
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170 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:138 X. AMERICAN STATE TRIALSThe next proposition submitted by the counsel was that the mind of the prisoner had been seriously impaired by epilepsy.Epilepsy is a disease that manifests in various degrees. In its mild form, it has never been known to produce any visible effect on the mind and typically responds well to medical treatment. However, in its more severe stages, it can result in imbecility, fatuity, and sometimes insanity, though never the specific type of insanity relied upon as a defense in this case. The symptoms of the aggravated form are so
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171 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL, 139He found him in the condition stated by the aunt; he was raving and tearing and kicking up his heels, and looked wild and made strange gestures. They succeeded in getting him into the house, and some time after midnight he became pacified and fell into a sound sleep. The next morning he appeared as usual. The doctor does not pretend to say that it was an attack of epilepsy, but saw nothing of intoxication, and did not suspect anything of the kind.A parent is apt to be blind to the
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172 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:140 2. AMERICAN STATE TRIALSDr. Worrell reported that his son had another attack in the same year at Winchester, Kentucky. The doctor was stationed there temporarily as a teacher. His son slept with some young men of the town, one of whom called and told the doctor that his son was in a very bad way. The doctor only saw him as the spasm was passing off.The next and last attack referred to by his father prior to the homicide occurred at the house of a Mrs. Elsay in Baltimore, where the defendant was
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173 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 141How admirably does the author's description of feigned epilepsy apply to the case of the prisoner at the bar. Has a single instance of personal injury been sustained in any of the attacks mentioned? Why is it that Dr. Bassett, who was physician to the jail five months after the defendant was confined there, and who saw him daily and attended him in a slight attack of intermittent fever, never discovered any symptoms of epilepsy? And yet, as soon as Dr. Bassett ceased to attend the jail, the prisoner had one
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174 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:142 X. AMERICAN STATE TRIALS.A medical expert who has treated epilepsy very frequently states that a long attack with short intervals will result in loss of memory and the power to reason, and the mind will gradually sink into imbecility and idiocy. He has known one instance in which the person had fits at intervals of one month, from early childhood to 25 years of age, without impairing the mind at all. He thinks it would require a duration of five years, with intervals of but a few days, to produce even imbecility.How absurd
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175 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 143Mania is a form of insanity characterized by a general derangement of the mental faculties, accompanied by varying degrees of excitement, sometimes escalating to violent fury. It arises from a morbid affection of the brain and is distinguished from ordinary delirium, which typically results from bodily disease. In common parlance, a person suffering from mania is said to be mad; they lose all control over themselves and require close confinement to prevent them from inflicting injury upon themselves or others. In essence, they are entirely bereft of reason and therefore not
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176 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:144 X. AMERICAN STATE TRIALSThe case involved the murder of one Chisuall. It appeared in evidence that the prisoner labored under the notion that the inhabitants of the town of Hadleigh, of whom Chisuall was one, were continually issuing warrants against him with the intent to deprive him of his liberty and life. He would frequently, under the same notion, abuse persons whom he met in the street and with whom he had never had any dealings or acquaintance of any kind. In his waistcoat pocket, a paper was found, headed "List of Hadleigh
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177 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORBRELL. 145He does or says nothing without reason. Prolonged disease and extreme old age contribute largely to this species of insanity. Ray says, "The mind passes gradually from its sound and natural condition to the enfeeblement and total extinction of its reflective powers." When we see a person greatly advanced in life, who has lost his recollections of persons, things, dates, and events, and who in his tone, conversation, and habits plays the part of a second childhood, we say he labors under dementia.Idiocy is characterized by the want of mental power,
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178 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:146 X. AMERICAN STATE TRIALS.In cases of monomania, it is often observed that the individual acts without a clear motive, or if a motive is assigned, it is connected with their delusion.Numerous instances are given in which parents have murdered their children, despite being strongly attached to them. Nurses have destroyed children placed in their care, with whom a warm attachment had grown. Taylor relates the case of a man named Greensmith, who murdered four of his children. The motive assigned was that he was apprehensive they would be turned into the street. He
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179 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 147I will comment upon this at considerable length and provide a variety of instances from which it appears that in nineteen out of twenty cases, the victim of the monomaniac is someone nearly related to them. The father destroys the son, the son the father, the mother her suckling babe, the brother the sister, and the sister the brother.The delusion is most apt to be connected with those who are in daily intercourse with them. The case of Greensmith, just referred to, is a striking example of this kind. Taylor cites
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180 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:148 X. AMERICAN STATE TRIALS.The defense was based on the ground of absent witnesses by whom the defendant expected to prove that he was insane.I shall not contend that all of these tests are infallible, for doubtless some of them do occasionally fail, but as a guide in an inquiry of this kind, they are invaluable. When it can be shown, as in the case here, that the prisoner's conduct does not square with any of them, it is certainly very safe to conclude that he is not a fit subject for this defense.The
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181 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLThe opinion of Lord Denman, as cited in 1 Archbold's Criminal Practice, sections 12, 10, and 11, is recognized as law by our Supreme Court in the case of State v. Hutting, 21 Mo. Rep. 464. The question of incapacity to distinguish between right and wrong, and to choose between good and evil, is a fact that must be affirmatively established by the defendant. It must be established so as to leave no doubt in the minds of the jury; for the mere possibility that the defendant might be insane is no
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182 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:150 &X. AMERICAN STATE TRIALS.Was it under an irresistible impulse that compelled him to search the pockets of the deceased, appropriate their contents, conceal the body, and take and carry away his horse, saddle, saddlebags, and watch? Was it under this same impulse that he changed his name, sold Gordon's horse to Gould, and fled to Dover?Why is it that we are left in the dark when the gentleman had the power to explain this extraordinary phenomenon of the human mind?It is now, gentlemen of the jury, two weeks since you were impaneled, and
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183 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 151It is a mistake to suppose that the culprit is the only one interested in the outcome; and upon mere conjectures or mistaken sympathy, to turn him loose upon society, encouraged to plunge still deeper into crime and iniquity. This disinclination to enforce obedience to the law is said to be the bane of republics, and no doubt contributed in a great degree to the downfall of the Roman Empire. Rome was once the mistress of the world, but no sooner did licentiousness and disorder gain the supremacy than she sank
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184 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:152 X, AMERICAN STATE TRIALS,If the defendant committed the act, let him say so and face the consequences. It was a voluntary act on his part, and he committed it with full knowledge that he thereby justly forfeited his life. Should you find him guilty of the charge, how different even then will be his fate from that of his victim! The law, in its mercy, will give him ample time to atone for his crime, to make peace with an offended God, and to receive the parting benediction of his family. But poor
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185 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLGentlemen, you would experience no difficulty in finding a suitable object for the exercise of your sympathy. I have done; may the Almighty so direct your minds that in the verdict you shall render, no cause shall be found for future regret.THE CHARGE TO THE JURYJudge Stone, the jury are instructed by the Court that if they find that the prisoner killed Mr. Gordon as charged, then their next duty will be to inquire and determine, first, whether such killing be murder, and if murder, whether in the first or second degree;
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186 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:154 X. AMERICAN STATE TRIALS.The proof of killing alone is not sufficient to establish the guilt of murder in the first degree. Some of the facts and circumstances from which the law deduces the inference of malice and premeditation include proof of previous threats, former grudges, lying in wait, and seeking an occasion to inflict personal injury. The statute mentions these as some of the more obvious and prominent indications of deliberate malice, but there are others equally effective, such as killing to accomplish some unlawful purpose, such as robbing the person killed; a
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187 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLRather than evidence of deliberate malice, passion may have an extenuating quality, but the proof must disclose the existence of an adequate exciting cause. The clemency of the law is not extended in favor of a class of mankind whose minds and hearts, from habit and indulgence, prove that the darker passions are apt to become too easily and dangerously excited upon slight provocation, and to resent slight affronts with disproportionate violence. The provocation which extenuates an act of homicide in consequence of the passion it excites must be of a character
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188 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:156 X. AMERICAN STATE TRIALS.In the absence of affirmative evidence, the elements of murder in the first degree are deduced as an implication of law, with only the killing being proved, and are to be declared by the Court. Mere presumptions of law arising from the absence of extenuating evidence, and where the circumstances attending the killing are not fully disclosed, are not allowed to supply the affirmative proof of the facts and circumstances indicating deliberate malice and premeditation required in murder in the first degree. The jury must be able to find as
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189 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLIt is not sufficient merely to be present and offer assistance, if indeed, to watch to prevent surprise, and by the knowledge of that fact, encourage and inspire the active agent with confidence and resolution to do the deed. It is not alone sufficient to render such persons liable that they were present at the doing of a criminal act; the evidence must go farther and show that they participated in the guilty purposes of the principal perpetrator of the deed and were present aiding and abetting in its accomplishment. If, therefore,
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190 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:158 X. AMERICAN STATE TRIALS.The law distinguishes between the guilt of an act that results from criminal design and one committed under the pressure of mental disorder and its insane impulses. The former is regarded as a crime deserving of punishment, while the latter is seen as a misfortune deserving of compassion. The former is considered the act of a free agent capable of reason and influenced by motives, whereas the latter is viewed as the act of a victim of disease and a slave of delusion.In order to impart any guilty or criminal
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191 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELL. 159If an individual does not know the nature and quality of the act, or, if knowing it, is unconscious that it was wrong, then the law adjudges him to be an improper subject of punishment and acquits him of any accountability. However, the jury should be careful not to confuse a depravation of the moral sense arising from mental disorder with that which results from a lack of proper culture, or from the long and habitual indulgence of the baser propensities and passions. The principle which exempts from responsibility extends only
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192 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:160 & AMERICAN STATE TRIALS.An insane delusion of a character that tends to steal will not excuse a homicide. The act is to be judged always by the nature of the delusion, and of the facts and circumstances insanely believed to exist, which for this purpose are to be taken by the jury as reality, and the moral and legal status of the act determined accordingly.Another class of cases of insanity that exempts its unfortunate victim from legal accountability is where, in consequence of mental disorder, the person labors under delusions, the necessary tendency
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193 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:EDWARD D. WORRELLTHE VERDICT AND SENTENCEThe jury retired to consider their verdict. They were out for about an hour, and when they returned, the foreman pronounced the words: "We, the jury, find the prisoner guilty of murder in the first degree, in manner and form as charged in the indictment."The prisoner was required to stand up and receive his sentence. He arose, with his father and mother on each side of him, their arms around his neck.Judge Stone addressed him, saying, "Mr. Worrell, you have appeared before me for the last time. It is
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194 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:162 XY. AMERICAN STATE TRIALS.He was afterwards tried and acquitted. He was taken back to Leavenworth, where he attempted to desert a second time.THE EXECUTIONMr. Clark Brown of Union, Mo., who has compiled a History of Franklin County, writes: "There is no local newspaper giving an account of the hanging of Worrell. However, I have the report of eyewitnesses. After the conviction in our circuit court, he was taken to St. Louis for safekeeping. Sheriff R. R. Jones assigned the duty to Deputy Sheriff Amos W. Maupin. George Holtgriewe, who is still living, says
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195 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF JOHN HODGES FOR TREASON, BALTIMORE, MARYLAND, 1815THE NARRATIVEDuring the War of 1812, while the British army was retreating from Washington, four stragglers and a deserter were captured by the people of a town in Maryland through which the army passed. Upon discovering this, the British commander sent a demand to the town that the prisoners were to be delivered up at once, or he would return and burn it. A committee of the townspeople decided that they must save it from being laid in ashes, and John Hodges and another were
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196 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:164 X, AMERICAN STATE TRIALS.Today, a jury was duly impaneled, and a plea of not guilty was made.Elias Glenn, District Attorney, for the Government.William Pinkney, Thomas Jennings, Upton S. Heath, and John E. Hall for the Prisoner.Mr. Glenn, the District Attorney, opened the case by stating that treason was a crime of the deepest dye, which all nations had punished with exemplary severity. In the United States, he said, it had been limited to two species, namely: levying war, and adhering to the enemy, giving him aid and comfort (Laws U.S., April 1790, Sec.
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197 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGESIn George County, some residents of the town of Upper Marlborough captured four stragglers who were following the army. These individuals, along with a deserter, were sent into the interior of the country. As soon as their absence was noticed, the British commander demanded their return, threatening to destroy the town if his demand was not met. Communications passed between the two parties, resulting in the men being restored or placed in a situation where they could be taken by the enemy. In effecting this restoration, the prisoner was among the most active.
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198 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSTHE WITNESSES FOR THE PROSECUTIONWilliam CatonLast August, I was sent by the governor to Queen Anne on business. There, I saw John Randall guarding some prisoners and a deserter. The two Hodges, the prisoner and his brother, rode up and demanded the prisoners. They said that a detachment of the British army had entered the town the evening before and required the prisoners. They had declared that unless the prisoners were returned before 12 o'clock the next day, they would lay the town in ashes. I told the prisoner that if
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199 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGESBlood would be at our door; I do not know that Hodges was present when this one was stated to be a deserter.Never were people so universally alarmed on God's earth as the people of Upper Marlborough; death and destruction were threatening them every moment if they refused to deliver up these men.Gustavus Hay was called upon by the prisoner to assist in conducting the prisoners to the British lines; at first, he refused. Hodges said an American must do his duty without regard to danger or inconvenience. It was decided that Robert
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200 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:168 X, AMERICAN STATE TRIALS.Thomas Holden: I came to Marlborough when the army was halting at Nottingham. I met two gentlemen whom I told I was a deserter from the British; they took me to Dr. Beanes. Afterwards, Lansdale took me to Queen Anne, where I was confined with the others. In the morning, Hodges and another person came to the door. Mr. Sparrow demanded the names of the prisoners and told us we were to be delivered up. I begged them not to give my name; I would certainly be put to death.
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201 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGES169Thomas Sparrow was solicited by F. Rendall to help guard the prisoners. Rendall, Benson, Wells, and myself mounted guard that night. At 12 o'clock, Lansdale came in with a deserter. The next morning, Sunday, the two Hodges came with information of the threat, etc., and required that the men should be delivered up. We went to consult General Bowie, who said it was very hard; that the capture was legal, but he supposed we must submit. There were three prisoners and Tom Holden, the deserter.General Bowie (recalled) stated that Hodges never pressed the
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202 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:170 X. AMERICAN STATE TRIALS.Mr. Pinkney: There is no law in this prayer, for it excludes that which is the essence of the offense—intention—and if it were otherwise, the court has no right to instruct the jury as if this were a civil case. No instance has occurred in modern times of an attempt to bind the jury in such a cause by the opinion of the court. What remedy is there for the party if you err? We may appeal to a higher tribunal, it is true; but what is the consequence? The
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203 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGES. 171Given the principles upon which the prosecution was founded, I do not think it necessary to trouble the jury with a refutation of them. I will confine myself, therefore, to a few general observations.Mr. Glenn again proposed his prayer for the consideration of the court.In support of it, he read the following authorities: 1 East. Cro. 170. If the joining with rebels is from fear of present death, and while the party is under actual force, such fear and compulsion will excuse him. However, an apprehension, though ever so well grounded, of
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204 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:172 X, AMERICAN STATE TRIALS,In the realm of civil liberty and the law of treason, you will find him perpetually contending, and contending with effect, that although the crown had proved the facts charged, it had not shown the evil design, the corrupt purpose, without which the facts are nothing.Let us hear what he says to the jury in the case of Lord George Gordon:"You must find that Lord George Gordon assembled these men with that traitorous intention—you must find not merely a riotous, illegal petitioning—not a tumultuous, indecent importunity to influence parliament—not the
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205 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGES. 173A man acquitted of treason may not be the enemy of the king, nor the friend of any man who is his enemy.Consider the case of a man who, in time of war, is charged with the defense of an important fortress or castle, which he surrenders to an incompetent force. What more effective means could he have adopted to aid the enemy than the delivery of this stronghold? The books all tell you that if he was bribed to this desertion of his duty, if he did it with a view
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206 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:114 X. AMERICAN STATE TRIALSThe counsel were allowed to argue that the letters were transmitted with a good intent, in order to avert the danger of so great a calamity as an invasion. Yet, the motives behind the transmission of these letters were considered corrupt. The Court stated that the jury were to judge from all the circumstances whether the intelligence had been sent with that view.My client is charged, as Stone was charged, with being an adherent; and like him, is entitled to be sheltered by his motives from the imputation of treason.
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207 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGES. 176There was an apprehension, by no means unreasonable, for the quiet and safety of the frightened women and helpless children of the neighborhood, and for the security of the persons and property of the whole district. The treason of adherence cannot be committed by one whose heart is warm with all the honorable feelings of the man and the patriot. "Overt acts undoubtedly do discover the man's intentions; but I conceive they are not to be considered merely as evidence, but as the means made use of to effect the purposes of
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208 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:176 X. AMERICAN STATE TRIALS.In addressing a tribunal where these considerations have their full weight, I expect with confidence that the court will vindicate the doctrines which I have had the honor to advance.Dovatn, C. J.: The Court would have been better satisfied if the whole case had been gone through in the usual way, but as the District Attorney has prayed an opinion on the law, I am willing to give him mine.Hodges is accused of adhering to the enemy, and the overt act laid consists in the delivery of certain prisoners. I
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209 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGESIn the hope of deliverance from the danger that encompassed him, I have been disappointed. As if the salvation of the state depended upon the conviction of this unfortunate man—whose situation, one would think, even an inquisitor might deplore—the district attorney has gone out of his way to bring down vengeance upon him. One of the court has told you that he is a traitor, and you ought to find him so.In a case where justice might be expected to be softened into clemency, and even to connive at acquittal, where every generous
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210 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:178 X. AMERICAN STATE TRIALS.Stone was acquitted. Has any answer been given to that authority? Has any been even attempted?This indictment charges Hodges with having done certain things wickedly, maliciously, and traitorously. Must not the United States prove what they allege? When the law allows even words to be given in evidence, as explanatory of intention, to exculpate, it admits that exculpation may be made out by proof of innocent motives—that overt acts alone do not furnish a criterion—that concomitant facts, illustrative of the state of the heart, must not be neglected.A military force
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211 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGES. 179Upon a mind which virtuous inducements could betray into error; but in what way we can distort it into treason, I have not yet been able directly to learn.The conduct is in itself treasonable, says the chief justice: it necessarily imports the wicked intention charged by the indictment. The construction makes it treason because it aids and comforts the enemy.These are strong and comprehensive positions; but they have not been proved; and they cannot be proved until we relapse into the gulf of constructive treason, from which our ancestors in another country
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212 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:180 X. AMERICAN STATE TRIALS.You could not have failed to be successful. You are charged with his life and honor, because I assured him that the law was a pledge for the security of both. I declared to him that I would stake my own life upon the safety of his; and I declare to you now that you have as much power to shed the blood of the advocate as to harm the client whom he defends.If the mere naked fact of delivery constitutes the crime of treason, why not hang the man
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213 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JOHN HODGESCan it be that your conduct may be separated from your actions, and guilt may be fastened upon your actions, although the heart be innocent?Gentlemen, so solemnly, so deeply, so religiously do I feel impressed with this principle that I know not how to leave the case with you, although at the present moment it strikes my mind in so clear a light that I know not how to make it more clear.If this damnable prosecution should prevail, it would be the duty of the district attorney to instantly arraign General Bowie, one
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214 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF LEO M. FRANK FOR THE MURDER OF MARY PHAGAN, ATLANTA, GEORGIA, 1913THE NARRATIVESaturday, April 26, 1913, was Memorial Day, a holiday, and there was no work going on in the National Pencil Company's factory in Atlanta. However, Leo M. Frank, the superintendent, was in his office when, a little after noon, Mary Phagan, a white girl of fourteen years old, whose duty was to attach metal tips to pencils, called to collect some pay that was due her. She had not been at work for a week as the supply of
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215 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 188When Lee came upstairs to report, Frank, rubbing his hands, met him and told him to go out and have a good time until six o'clock. When Lee returned, Frank changed the slip in the time clock, manifesting nervousness and taking a longer time than usual. When Frank went out of the front door of the factory that afternoon, he met a man named Gantt, whom he had discharged a short time before. Frank looked frightened. Gantt declared he wished to go upstairs and get some shoes he had left there,
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216 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:184 X. AMERICAN STATE TRIALS.A hair found on a lathe, examined under a microscope, led to the opinion that it was not hers. Other witnesses claimed they saw blood on the floor near the dressing room, the same place where Conley said he had dragged the body, and noted that it was not there on Friday. Additional witnesses who examined the floor stated that the spots looked like bloodstains, but they were not certain. There was testimony indicating frequent injuries at the factory, and blood was not an uncommon sight. A part of what
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217 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 186On the trial, Conley testified that Frank had asked him to come to the factory on Saturday and watch for him, as he had previously done. Conley explained that this meant Frank expected to meet a woman, and when Frank stamped his foot, Conley was to lock the door leading into the factory. When Frank whistled, Conley was to open it. He said he occupied a dark place at the side of the elevator behind some boxes, where he would be invisible. Conley swore that he saw several people, including male
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218 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:186 X. AMERICAN STATE TRIALS.Frank denied the truth of Conley's story in its entirety and stated that Mary Phagan came into his office around noon. He claimed that he gave her the envelope and that she left him, and he had not seen her since. To support his character, he introduced nearly one hundred witnesses, including citizens of Atlanta, college mates from Cornell, and professors from that college.The defense also produced the statements and affidavits that Conley had made to law enforcement officers before the trial. In his first statement on May 13, Conley
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219 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 187After drinking beer, which had caused him to sweat, Jim Conley was approached by Leo Frank, who asked if he could write. Frank then dictated to Conley three times, informing him that he intended to send the note in a letter to Conley's family, recommending him. Frank questioned, "Why should I hang?" He then took a cigarette from a box and handed the box to Conley. Upon crossing the street, Conley discovered two paper dollars and two silver quarters inside the box, prompting him to exclaim, "Good luck has struck me."At
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220 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:188 X. AMERICAN STATE TRIALS.The crowd once again manifested their resentment towards the prisoner; they applauded the state counsel more than once, and the crowd in the streets cheered the prosecuting attorneys as they entered and left the courthouse. When the jury was ready to deliver the verdict, the judge requested that both the prisoner and his counsel be absent from the courtroom when the verdict was rendered, in order to avoid any possible demonstration in the event of an acquittal.The jury returned a verdict of guilty, which was received with cheers by the
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221 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 189Leo M. Frank was arraigned on April 26, 1918, in Michigan, where he pleaded not guilty, and his trial commenced on that day. The prosecution was represented by Hugh M. Dorsey, Solicitor General; Frank A. Hooper, and E. A. Stephens, Assistant Solicitors. The defense team included Reuben R. Arnold, Luther Z. Rosser, and Herbert Haas.Defendant in Error. In Error from Fulton Superior Court at the July Term, 1913. Brief of the Evidence.Argument of Hugh M. Dorsey, Solicitor General, Atlanta Judicial Circuit, at the Trial of Leo M. Frank, Charged with the
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222 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSThe following jurors were selected and sworn: F. E. Winburn (foreman), M. S. Woodward, D. Townsend, A. L. Wisbey, W. M. Jeffries, M. Johenning, J. T. Osborn, F. V. L. Smith, A. H. Henslee, W. F. Medealf, C. J. Boashardt, J. F. Higdon.THE WITNESSES FOR THE STATEMrs. J. W. Coleman:I am Mary Phagan's mother. I last saw her alive on April 26, 1913, at home. Around 11:30, she ate some cabbage and bread. She left home at a quarter to 12 to go to the pencil factory for her pay. She
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223 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKI said, "I ain't allowed to let anybody in here after six o'clock." Mr. Frank came busting out of the door and ran into Gantt unexpectedly, and he jumped back frightened. Gantt said, "I got a pair of old shoes upstairs, have you any objection to my getting them?" Frank said, "I don't think they are up there, I think I saw the boy sweep some up in the trash the other day." And he dropped his head down just so, then said, "Newt, go with him and stay with him and
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224 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSThe body was found with a cord around the neck. The tongue was protruding. The scratch pad was also lying on the ground close to the body; the notes were found under the sawdust, near the head. The body was that of Mary Phagan.During cross-examination, Lee told us it was a white woman. We didn't know until the dust was removed from her face and we pulled up the clothes and looked at the skin. There was a pile of trash near the boiler. The hat was on the trash pile,
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225 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKFrank was approached by the undertaking establishment and asked if he would come to see if he knew the young lady. Mr. Frank readily consented, so we got out and went in. The corpse was lying in a small side room to the right of a large room. I didn't see Frank look at the corpse; I don't remember that Mr. Frank ever followed me into this room. He may have stopped outside the door, but my back was toward him; he could not have seen her face because it was lying
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226 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSTo reach the dressing room, one would pass the office from the closets, coming within two or three feet of Mary's machine. Mr. Frank would pass through the metal department, looking around every day.Cross-examined: Standing at the time clock, you can't see into Mr. Frank's private office. A person wouldn't see from Mr. Frank's office anyone coming in or out of the building. I worked at the factory for five years. During that time, Mr. Frank spoke to me three times. I never saw Mr. Frank speak to Mary Phagan or
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227 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK195A man who had been discharged on April 7th by Mr. Frank for an alleged shortage in the payroll, and who had known Mary Phagan since she was a little girl, recounted an incident. One Saturday afternoon, Mary came into the office to have her time corrected. After he had finished, Mr. Frank entered and remarked, "You seem to know Mary pretty well," despite not having been told her name. On April 26th, around 6 PM, he saw Newt Lee sitting in front of the factory. Remembering he had left a pair
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228 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:196X. AMERICAN STATE TRIALSMr. Frank stated that he was at the factory for a couple of hours. Mrs. White was there at the time, and he informed her that he was going to lock up the factory and that she had better leave. Mrs. White preceded him down the stairway and went on out of the factory, but on the way out, she said she had seen a negro on the street floor of the building behind some boxes. At 1:10 p.m., he left the factory for home and arrived back at the factory
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229 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 197I received a grant from Mr. Darley or Mr. Frank. Mr. Frank was present at the time. Mr. Frank told me that when the little girl asked if the metal had come back, he said, "I don't know." It may be true that I swore before the coroner that in answer to that question from Mary Phagan about whether the metal had come yet, Frank said, "No," and it is possible that I so reported to you. If I said "No," I meant "I don't know."Miss Monteen StoverI worked at the
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230 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSI monitor the elevator and freight that come in and out, as well as the people who enter and leave. The elevator was locked on Friday night when I left, but I went off on Saturday and forgot to lock it. I don’t remember stating that I locked it on Saturday; I did say in an affidavit that it is kept locked all the time. I left the factory at 11:45 on Saturday. Around 9:30, Mr. Frank and Mr. Darley went over to Montag Bros. I have seen Gantt talking to
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231 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKG. C. FebruaryI was present at Chief Lanford's office when Leo M. Frank and L. Z. Rosser were there; I took down Mr. Frank's statement stenographically. This (see post, p. 242) is a correct report of what Mr. Frank said. It was made on Monday, April 28th.Albert McKnightMy wife is Minola McKnight. She cooks for Mrs. Selig. Between 1 and 2 on Memorial Day, I was at the home of Mr. Frank to see my wife. He came in close to 1:30. He did not eat any dinner; he went to the
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232 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSThe first floor was cleaned up after the murder.**W. H. Gheesling:** I am a funeral director and embalmer. I moved the body of Mary Phagan at four o'clock in the morning on April 27th. The cord was around her neck, and the rag was around her hair and over her face. I think she had been dead for ten or fifteen hours, or longer. There were some dry blood splotches on her underclothes. The right leg of the drawers was split with a knife or torn right up the seam. Her
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233 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKThe blow was hard enough to have made the person unconscious, but not sufficient to have caused death. Beyond question, she came to her death from strangulation from this cord being wound around her neck. The bruise around the eye was caused by a soft instrument; the injuries to the eye and scalp were caused before death. I examined the contents of the stomach, finding 160 cubic centimeters of cabbage and biscuit, or wheaten bread; it had progressed very slightly towards digestion. It is impossible for one to say absolutely how long
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234 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:202X, AMERICAN STATE TRIALS.May 6th or 7th was the first time I knew Mrs. White claimed to have seen a negro at the factory on April 26th.James Conley. I have been working for the pencil company for over two years. On Friday evening, around 3 o'clock, Mr. Frank came to the 4th floor and told me to come to the factory on Saturday morning at 8:30. I arrived at the factory around 8:30, and Mr. Frank and I reached the door at the same time. I always stayed on the first floor and watched
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235 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO H. FRANK, 203A while ago, she came into my office and I wanted to be with the little girl, but she refused me. I struck her, I guess too hard, and she fell and hit her head against something. I don’t know how badly she got hurt. Of course, you know I ain't built like other men. I have seen him with women lying on the table in the factory room and in his office with women with their clothes up. He asked me to go back there and bring her up so
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236 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS."Well, I am going home to get dinner, and you come back here in about forty minutes and I will fix the money." I went over to the beer saloon and took the cigarettes out of the box. There was some money there—two paper dollar bills and two silver quarters. I took a drink, laid across the bed, and went to sleep. I didn’t get up until half-past six that night. That’s the last I saw of Mr. Frank that Saturday. I saw him next on Tuesday on the fourth floor
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237 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK205Frank, "Is that the nigger?" and Mr. Frank said, "Yes," and she said, "Well, does he talk much?" and he says, "No, he is the best nigger I have ever seen." Mr. Frank called me into the office and gave me $1.25. The next time I watched was on a Saturday about the middle of January. A man and ladies came about half-past two. They stayed there about two hours; I didn’t know either one of the ladies; I can’t describe what either one of them had on. The man was tall,
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238 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:206 X. AMERICAN STATE TRIALS.From the basement, it was lying on his desk. He put it in the safe.**Mrs. J. A. White (recalled).** I have seen this man before at police headquarters (indicating Conley) about a month after the murder. At that time, I did not identify him as being the man I saw sitting on the box. The man sitting on the box was about the same size as Jim Conley; I couldn’t state it was Jim Conley.**C. W. Mangum.** Had a conversation with Mr. Frank at the jail about seeing Conley and
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239 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO W. FRANK207He ought to be sweeping, down in the shipping room watching the detectives, officers, and reporters; caught him washing his shirt. It looked like he tried to hide it from me.Henry Scott (recalled): I was present when Conley made his statement on May 18. I wrote that myself. He positively denied that he was at the factory on Saturday or that he knew anything about the murder. We tried for hours to get him to confess. The next statement he made was on May 24, and we took him over to Mr.
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240 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:208 -AMERICAN STATE TRIALS.We closed the office at 6 o'clock. We never had any women up in the office. We paid off the help on Friday, April 25th; I remember paying Helen Ferguson that day. Nobody came up to ask for Mary Phagan's pay. We had posters all over the factory that Saturday would be a legal holiday and the factory would be closed; I intended to come back to the factory Saturday morning, but I overslept.**Cross-examined.** Mrs. Frank, when they telephoned him about the murder, asked if there had been a fire at
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241 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK209It was about 15 minutes to 12 when we left the factory. Mr. Frank was writing when we came into his office. When we left the factory, the following people were still there: Arthur White, Mrs. White, May Barrett, her daughter, Harry Denham, the stenographer, and Mr. Frank.Cross-examined: We met Mr. Holloway as he came out of the factory as we went in. We met Lemmie Quinn afterwards at the Greek Cafe. It took us about 5 minutes to go there and come back to the Greek Cafe. We got a cup
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242 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:210AMERICAN STATE TRIALSWe were out of material, and she was laid off for the rest of the week. I have never seen Mr. Frank speak to her. I went to the factory on April 26th to see Mr. Schiff; he was not there. The street doors were open when I got there. I did not see Mary Phagan, nor Jim Conley, nor Monteen Stover. The doors to Mr. Frank's inner and outer office were open. The time I reached Mr. Frank's office was about 12:20. There were no blood spots under the machine where
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243 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKTestimony of a WitnessThey made her get out of bed. They had my husband there to bulldoze me, claiming that I had told him that; I had never told him anything of the kind. I told them right there in Mr. Dorsey's office that it was a lie. They carried me down to the station house in the patrol wagon. They came to me for another statement about half-past 11 or 12 o'clock that night and made me sign something before they turned me loose, but it wasn't true. I signed it
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244 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSCross-examined, Mr. Frank got home about 11 o'clock on Sunday. He told us he had been sent for to come to town. He spoke of a crime having been committed; I asked him what had happened. I don’t remember that he told me about the crime. He did not seem unconcerned about it. I said at the coroner’s that I thought he seemed unconcerned about it; I don’t remember his remarking about the youth of the girl or the brutality of the crime. I don’t think Mr. Frank mentioned the name
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245 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO H. FRANK213"There, said, 'I can prove where I was.'"Mrs. E. M. CarsonI worked at the pencil factory. Rebecca Carson is my daughter. I have seen blood spots around the ladies' dressing room three or four times. I saw Jim Conley on Tuesday after the murder. He was sweeping around my table. I said, "Well, Jim, they haven't got you yet," and he said, "No." I said, "Jim, you know Mr. Frank never did that," and he said, "No, Mr. Frank is as innocent as you are, and I know you are."Cross-examinedI have seen
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246 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:214X, AMERICAN STATE TRIALS.As he read it, he kind of grinned. He told me he believed Mr. Frank was just as innocent as the angels from Heaven. He was never known to tell the truth; I would not believe him on oath.Cross-examined. I have never heard Mr. Frank accused of any act of immorality or familiarity with the girls in the factory. Jim Conley got two papers from me on Tuesday and Wednesday. I bought them. Jim always seemed to be kind of nervous or half drunk or something. He aroused my suspicions after
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247 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. PRANE215Brooklyn, Mr. Moses Frank of Atlanta is my husband's brother; I saw him at Hotel McAlpin in New York City on April 27th and April 28th. The letter you handed me (see post, p. 250) is in my son's handwriting. The word "Yondef" in the letter is Hebrew, meaning "Holiday."Cross-examined, Mr. Frank has no rich relatives in Brooklyn. My brother-in-law, Mr. Bennett, is a clerk earning $18 a week. My son-in-law, Mr. Stearns, is in the retail cigar business. As for my means of support, my husband and I have about $20,000
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248 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:216 X, AMERICAN STATE TRIALS.Mrs. A. E. Marcus testified that she is a sister of Mrs. Loo Franc. On Saturday night, she played cards at Mrs. Selig's house where Mr. Frank was present, sitting out in the hall reading. Mr. Frank went to bed after 10 o'clock. She noticed nothing unusual about him; there were no bruises, marks, or signs.Mrs. M. Marows stated that she saw Mr. Frank at half-past 8 in the evening on April 26th at Mrs. Selig's residence. They played cards there, and he stayed in the hall reading. He appeared
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249 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK217I saw a colored girl who seemed to have a gash in her head; her mouth was full of sawdust. He described her in a general way but did not say anything to me about an attorney or having been to police headquarters. I had not then employed counsel; my sending Mr. Herbert Haas to see Mr. Frank was not employing counsel. I made no trade with Mr. Haas and don’t know who is paying his fee; I have not contributed anything towards it, nor has the Pencil Company.Truman McCraryI am a
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250 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:218 X. AMERICAN STATE TRIALSThere was a lot of blood on the floor, spouting out.Cross-examined, Duffy was short in the metal room on the machine opposite Mary Phagan's machine. The pencil company took a written statement from me, signed by me, to keep the fellow from suing the company. I saw my signature this morning; I have never told you I signed that statement.Arthur Pride worked on the second floor of the factory. On Saturdays, I work all over the factory, doing anything that is necessary, until about half past four. I have never
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251 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK219I never saw Mr. Frank bring any women into the factory. I never saw Jim Conley guarding or watching the door. I have seen Jim take newspapers and look at them, but I don’t know if he read them or not.Henry SmithI work at the pencil factory in the metal department with Barrett. He talked to me about the reward; he said it was $4,300, and he thought if anybody got it, he ought to, for he found the blood and hair. He said he ought to get the first shot at
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252 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:920 X. AMERICAN STATE TRIALS.The superintendent of the pencil factory, Mr. Frank's character was good.A. D. Greenfield: I am one of the owners of the building occupied by the Pencil Company. I have known Mr. Frank for four or five years. His character is good.Dr. Wm. Owens: I am a physician. At the request of the defense, I went through certain experiments in the pencil factory to ascertain how long it would take to go through Jim Conley’s movements relative to moving the body of Mary Phagan. I kept the time while the other
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253 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 221I have been engaged in hospital work for six or seven years and have treated about 14,000 cases of surgery. I have examined the private parts of Leo M. Frank and found nothing abnormal; he is a normal man, sexually. Neither I nor anybody else could give an intelligent opinion of how long that cabbage and wheat bread had been in the stomach before death. Finding the epithelium missing in several places or separated from the wall of the vagina would not indicate any violence done to the subject in life.
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254 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSDr. J.C. Olmstead, a practicing physician for 36 years, stated that given the facts of this case, it would not be possible for a physician to determine whether or not the wound produced unconsciousness before death. Such a wound could have been made within a short while after death. Cabbage like that is liable to obstruct the opening of the pylorus and delay digestion. A microscope examination of parts of the vagina removed from the body showed that the blood vessels were congested, which may be due to menstruation or the
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255 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M.PRANE. 223If a body is disinterred at the end of 9 days and the stomach is taken out, and among the contents you find cabbage like that and bits of wheat bread slightly digested, you could not by looking at the cabbage hazard an opinion as to how long before death that had been taken into the stomach.**Alfred Loring Lane.** I am a resident of Brooklyn, N.Y. I knew Leo Frank for 4 years at Pratt Institute, which we both attended. His general character is good.**Philip Nash.** I knew Leo Frank for 4
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256 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:224 & AMERICAN STATE TRIALS.Mrs. J. J. Wardlaw worked at the pencil factory. She stated that Mr. Frank's character is good and she has never heard of any improper relations between Mr. Frank and any of the girls at the factory. She has never met Mr. Frank at any time or place for any immoral purpose. Additionally, she has never heard of him putting his arm around any girls on the streetcar or going to the woods with them.THE PRISONER'S STATEMENT.Leo M. Frank addressed the jury, stating, "Gentlemen of the jury: In the year
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257 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 225On Saturday, April 26th, I arrived at the factory at about 8:30 a.m. I found Mr. Holloway, the day watchman, at his usual place and Alonzo Mann, the office boy, in the outer office. After describing at length the work I did in my office that morning:About 9 o'clock, Mr. Darley and Mr. Wade Campbell, the inspector of the factory, came into the outer office. I stopped the work I was doing that day and went to the outer office to chat with Mr. Darley and Mr. Campbell for 10 or
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258 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:226 X. AMERICAN STATE TRIALS.Mrs. Arthur White wanted to see her husband, so I told Alonzo Mann, the office boy, to call up Mr. Schiff and find out when he was coming down. The answer was that Mr. Schiff would be right down. About this time, Mrs. Emma Clarke Freeman and Miss Corinthia Hall, two of the girls who worked on the fourth floor, came in and asked permission to go upstairs and get Mrs. Freeman’s coat, which I readily gave. At the same time, I told them to tell Arthur White that his
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259 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 227I wanted to know when they would have lunch. Minola answered the phone, saying they would have lunch immediately and for me to come right on home. I gathered my papers together and went upstairs to see the boys on the top floor. I saw Arthur White and Harry Denham, who had been working up there, along with Mr. White's wife. I asked them if they were ready to go, and they said they had enough work to keep them busy for several hours. I noticed that they had laid out
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260 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:228 X. AMERICAN STATE TRIALS.I went back and wanted to know if they were ready to go, and at that time they were preparing to leave. I immediately went down to my office, opened the safe and my desk, hung up my coat and hat, and started to work on the financial report. Mr. Sebiff had not come down, and there was additional work for me to do.I heard the bell ring on the time clock, and Arthur White and Harry Denham came into the office. Arthur White borrowed $2.00 from me in advance
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261 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 229On Saturday, I called the factory and asked Newt Lee if Mr. Gantt had gone again. He said, "Yes." I inquired if everything else was all right at the factory; it was, and then I hung up, had supper, and phoned my brother-in-law, Mr. Ursenbach, to see if he would be at home that evening. He said he had another engagement, so I stayed home reading a newspaper or magazine. Around 8 PM, I saw Minola pass by on her way home. That evening, my in-laws, Mr. and Mrs. Emil Selig,
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262 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:230 X. AMERICAN STATE TRIALS.The nostrils and mouth were full of sawdust and swollen, and there was a deep scratch over the left eye on the forehead. Around the neck, there was twine—a piece of cord similar to that used at the pencil factory—and also a piece of white rag. After looking at the body, I identified that little girl as the one who had come up shortly after noon the previous day and got her money from me. We then left the undertaking establishment, got into the automobile, and rode over to the
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263 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 231I went to the office where I sat and talked, answering every one of their questions freely and frankly, trying to aid and help them in any way that I could. After staying there for a few minutes, Mr. Darley and I went over to Bloomfield's; they told us somebody was busy with the body at that time and we couldn't see it. So we went over to Montag Brothers and found that nobody was down there. After that, I caught a Georgia Avenue car and rode to the house of
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264 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:232 X. AMERICAN STATE TRIALSI was asked a few questions about it, and I said, "What did Newt Lee say?" "Well, Chief Lanford will tell you when you get down there." When I got down to police headquarters, Chief Lanford hadn’t come down yet. I waited around the office possibly an hour, chatting and talking to the officers. Later, Chief Lanford came in and said, "Come here," and beckoned to me. I went with him into his room in his office, and while I was in there, to the best of my recollection, it
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265 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 233I called on a detective, preferably a Pinkerton detective, to work with and assist the city detectives in ferreting out the crime. Then I went downtown to the pencil factory, and upon entering the office, I saw the following men there: Mr. Herbert Schiff, Mr. Wade Campbell, Mr. Darley—Mr. Holloway was out in his place in the hall—and Mr. Stelker, Mr. Quinn, and Mr. Ziganke. These foremen were sitting around because we had shut down the factory, as they told me, due to the fact that the plant was wholly demoralized.
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266 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:234 X. AMERICAN STATE TRIALS.I went to the top of the elevator shaft, then returned and showed the officer where the slipper had been found, where the hat had been found, and where the little girl's body was located. I showed him, in fact, everything that I could about the pencil factory. On Monday, I arrived at the factory around 8:30 and immediately began my routine work, sending the various orders to the different places in the factory where they were due to go. A little later, Detectives Scott and Black came up to
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267 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKI was introduced to the third degree of the Atlanta police department by detectives Scott and Black, who began questioning Newt Lee. The way Detective Black treated that poor old negro, Newt Lee, was something awful. He shrieked at him, hollered at him, cursed him, and did everything but beat him. Then they took Newt Lee down to a cell, and I went to my cot in the outer room.Before closing my statement, I wish to touch upon a couple of insinuations and accusations, other than the one on the bill of
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268 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:236 X, AMERICAN STATE TRIALS.When the negro Conley was arrested, I didn't know anybody had any suspicions about him. His name was not in the papers; I had no inkling that he ever said he couldn’t write. I was sitting in that cell in the Fulton County jail, about April 12th or 14th, when Mr. Leo Gottheimer, a salesman for the National Pencil Company, came running over and said, “Leo, the Pinkerton detectives have suspicions of Conley. He keeps saying he can't write; these fellows over at the factory know well enough that he
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269 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 237The room had windows opening onto the street. There was no lock on the door, and I know I never went into that room at any hour when the girls were dressing. Occasionally, I have had reports that the girls were flirting from this dressing room through the windows with men; sometimes the girls would loiter in this room when they ought to have been doing their work. It is possible that on some occasions I looked into this room to see if the girls were doing their duty and were
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270 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:238X. AMERICAN STATE TRIALS.O. Jones, Miss Zill Spivey, Charles Lee, N. V. Darley, F. Ziganki, A. C. Holloway, and Minnie Foster testified that they were employees of the pencil company. They knew Leo M. Frank and stated that his general character was good.D. Macintyre, B. Wildauer, Mrs. Dan Klein, Alex Dittler, Dr. J. E. Sommerfield, F. G. Schiff, Al Guthman, Joseph Gershon, P. D. McCarley, Mrs. M. W. Meyer, Mrs. David Marx, Mrs. A. I. Harris, M. S. Rice, L. H. Moss, Mrs. L. H. Moss, Mrs. Joseph Brown, E. E. Fitzpatrick, Emil Dittler,
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271 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK239I did it during business hours; I have never met Mr. Frank anywhere, or at any time, for immoral purposes.**Ruth Robinson:** I have seen Leo M. Frank talking to Mary Phagan. He would stand just close enough to her to tell her about her work; he would show her how to put rubbers in the pencils. He would just take up the pencil and show her how to do it; he called her Mary.**Dewey Hewell:** I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory
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272 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSI waited outside for her two hours, then went in and found Mr. February reading over to her some stenographic statement he had taken. As to whether Minola McKnight did not sign this paper freely and voluntarily, it was signed in my absence while I was at the police station. That paper is substantially the notes that Mr. February read over to her.**Albert McKnight:** This sideboard sits more this way than it was at the time I was there.**Cross-examined:** Don’t know if the sideboard was changed, but it wasn’t sitting like
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273 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK244A witness stated in the presence of Miss Haas and other passengers, "There has been so much talk that I don’t know what has been said; I don’t remember saying that I would join a party to help lynch him if he got out."**N. Kelly:** I am a motorman for the Power Company. On April 26th, I was at the corner of Forsyth and Marietta Street about three minutes after 12. I saw the English Avenue car of Matthews and Mr. Hollis arrive at Forsyth and Marietta about 12:03. I knew Mary
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274 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:242 X. AMERICAN STATE TRIALS.Based on the evidence I have listened to, I would say that it indicated digestion had been progressing for less than an hour.**Cross-examined:** I couldn’t presume to say how long that cabbage lay in Mary Phagan’s stomach. If it had been a live, healthy stomach and the process of digestion was going on ordinarily, it would be pulverized in four or five hours. It would be more broken up and triturated than it is.Dr. John Funk, an associate professor of pathology and bacteriology, was shown by Dr. Harris sections from
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275 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 243It was impossible to see the direction she went in when she left the office. I didn’t keep the door locked downstairs that morning because the mail was coming in. I locked it at 1:10 when I went to dinner. Arthur White and Harry Denham were also in the building. They were working on the machinery, doing repair work, and Mrs. White was also in the building. I went up there and told them I was going to dinner and they had to get out, and they said they had not
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276 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:244 X, AMERICAN STATE TRIALS.A scratch pad that Conley wrote on; an ordinary white scratch pad.The following affidavit was executed by Minola McKnight:Saturday morning, April 26th, Mr. Frank left home about eight. Albert, my husband, got there about a quarter after one, and he was there when Mr. Frank came for dinner, which was about half-past one. Mr. Frank did not eat any dinner, and he left in about ten minutes. Mr. Frank came back to the house at seven o'clock that night, and Albert was there when he got there.Tuesday, Mr. Frank said
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277 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANE, 245I remained at home all Saturday night. At 12 o'clock noon on Sunday, I walked up Mitchell Street and got a cigarette, remaining there until 12:45 p.m. I then returned home and stayed until 6:30 p.m., when I went to my mother's house to get my lunch. After lunch, I returned home and remained there until Monday, April 26th. On April 28th, I reported for work at the pencil factory at 7:05 a.m.STATEMENT OF JAMES CONLEY, MAY 24, 1913On Friday evening before the holiday, around one o'clock, Mr. Frank came up
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278 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:246 X. AMERICAN STATE TRIALS.I have made up my mind to tell the whole truth, without the promise of any reward or from force or fear of punishment in any way.I got up Saturday morning, April 26th, between 9 and half-past 9. I went to Potera Street and stopped at the beer saloon, where I bought two beers for myself and gave another fellow a beer. I don’t know what his name was, but they call him Bob. Then I walked up to the Butt-In saloon and shot dice, winning 90 cents. After that,
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279 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 247"Can you write?" I said, "Yes, sir, I can write a little bit," and then he gave me a pencil that he got off the top of his desk and told me to put on there, "Dear mother, a long tall black negro did this by himself," and when I went to put down "negro," I put it "n-e-g-r-o-s," and he said, "Don't put no 's' there; that means 'negroes,'" and he said, "Now rub the 's' off," and I rubbed the "s" out, and he said, "It means just one
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280 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:248 X. AMERICAN STATE TRIALS.I laughed and said, "Good luck has done struck me," and I bought a ten-cent double-header. Then I went back to Peters Street, but none of the boys I ran with were there. I walked up to the moving picture show and looked at the pictures. I got home about half-past 2 o'clock, took the bucket, and went to get fifteen cents' worth of beer. I came back home and sent the little girl to get a dime's worth of stove wood and a nickel's worth of pan sausage. I
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281 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 249When he whistled for me, I went upstairs, and he asked me if I wanted to make some money right quick. I told him, "Yes, sir," and he told me that he had picked up a girl back there and had let her fall, and that her head hit against something, he didn't know what it was. He asked me to move her. I hollered and told him the girl was dead, and he told me to pick her up and bring her to the elevator. I told him I didn't
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282 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:250 X. AMERICAN STATE TRIALS.Frank looked at it and said it was all right. Mr. Frank looked up at the top of the house and said, "Why should I hang? I have wealthy people in Brooklyn." I asked him what about me, and he told me that was all right about me, for me to keep my mouth shut, and he would make everything all right. Then I asked him where was the money he said he was going to give me, and Mr. Frank said, "Here, here is two hundred dollars," and he
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283 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 251THE SPEECHES TO THE JURY**MR. HOOPER FOR THE STATE**August 21Mr. Hooper: Gentlemen of the Jury, the object of this trial, as well as all other trials, is the ascertainment of truth and the attainment of justice. In the beginning, I want to have it understood that we are not seeking a verdict of guilty against the defendant unless he is guilty.The burden of guilt is upon our shoulders—we confront the undertaking of putting it upon his. We recognize that it must be done beyond a reasonable doubt, and that it must
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284 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:252 X. AMERICAN STATE TRIALS.We, the prosecution, require evidence, but we are not looking for blood indiscriminately. Our sole aim is to find the slayer of Mary Phagan, and in seeking him, I try as much as possible to feel as though I were one of you twelve jurors.Let's examine the situation on April 26 in the pencil factory. The factory was being run by Sig Montag as its boss, with Frank as its superintendent, assisted by the handsome Mr. Darley and the able Mr. Schiff.As a citizen of Atlanta, I am not proud
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285 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 253But the defense, on the other hand, were allowed to let down the bars and walk in.That pencil factory was a great place for a man without a conscience. It was a great place for Frank, his handsome assistant, Mr. Darley, and the able Mr. Schiff. We find that Frank had coupled himself up for nightly meetings with Dalton, who now has, it seems, turned respectable. My friends, no doubt, will argue that it was strange a man of such business and social position should consort with such a character. It
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286 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:254 X. AMERICAN STATE TRIALS.The attitude of the accused toward his victim is evident in the tall, good-natured Jim Gantt, a friend of Mary. He asks Gantt, "You're pretty thick with Mary, aren't you?" This shows that he knew her and had his eye on her. What happened next? He wanted to get rid of Gantt. How did he go about it? You have seen that previously, he was bragging about Gantt and his ability as a workman. But, just as soon as his eye was set upon the pretty little friend of Gantt,
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287 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 255Truth is stronger than all the brains and ingenuity that can be collected in this whole town—this state, the world. How they did hate to give up the fight. They lost, and with the loss went the loss of their theory in whole.When all was through, they were forced to sit and leave Jim's truth unassailed. How unfortunate! All they could say was that Jim had been a big liar. That is true. In his first two stories, he lied. But, if I had any comment on Jim Conley, it would
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288 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:256 X. AMERICAN STATE TRIALS.On that fateful day, Leo Frank knew the hour. On the previous afternoon, little Helen Ferguson, Mary's chum, had called for Mary's pay, and Frank had told her that Mary should come and get her own pay, breaking a rule of the plant in doing so. He arranged with Jim to hang around and make himself convenient. Jim took his accustomed seat in the hallway. Parties came and went. Jim observed all that happened; he said nothing. Finally, Mary Phagan arrived, beautiful and innocent, coming in her blue frock and
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289 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO Hl. FRANE. 257The negro reported hearing a sound that seemed like a laugh broken off into a shriek. It pierced the stillness of the hushed building. Though it was uncanny, he remained seated faithfully, as he was under orders to wait for a signal. That scream was not the signal. Later, Frank would stamp on the office floor.This negro claims that the white man killed the little girl. However, Frank was in his office, preoccupied with his wonderful financial sheet. I will demonstrate how he could have sat at his desk and heard
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290 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:258 X, AMERICAN STATE TRIALS.Now, which is more probable—that Jim heard this expression, or that he imagined the story? Did Jim know Frank had relatives in Brooklyn? Did Jim know there was such a place as Brooklyn? Did he know they were rich? And Jim says, with the typical soul of Africa: "What's going to become of me?" Frank says, "I'll take care of you, for I'll write my mother a letter, so that she can help you." He asks Jim if he can write, and Jim tells him a little bit. He wasn't
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291 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 269Leo M. Frank was expecting Jim Conley, and he also knew that Newt Lee was coming. Aye, there was the rub! He expected them both, and it depended upon which one arrived first as to how things would go. If Jim got there first and disposed of that body, all right; but suppose Newt Lee got there first! Then was the defendant in the position of Napoleon at the Battle of Waterloo, when he wondered which army would arrive first, and knew that upon this question depended victory or defeat. The
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292 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:260 X. AMERICAN STATE TRIALS,The defendant was going to pay a dollar or so. He didn't think that Gantt stole that paltry dollar. He expected him to ask where Mary Phagan was. That, gentlemen of the jury, is why he jumped back when he saw Gantt. But Gantt spoke to the defendant. He just said, "Howdy, Mr. Frank." The defendant felt relieved then. Gantt told him that he had left a pair of shoes in the factory and wanted to get them. But it won't do to let him go in that building now,
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293 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKWe need not delve into many details in this respect. You remember the evidence about honest old Newt Lee's finding the body. That's all we need to know about him. No suspicion attaches to Newt. He notified the police and tried to notify Frank. The police came and took the body of little Mary Phagan to the undertaker's.The police then called up Frank and told him they wanted him. Detective Starnes got mixed up when he told about this on the stand, but he never forgot that when he called Frank up,
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294 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:262 X. AMERICAN STATE TRIALS.With a lot of things piled on top of it, he found a bloody shirt! How did it get there? Newt Lee accounts for his time on Sunday. No suspicion attaches to Newt Lee. He is a free man. How did that bloody shirt get there? It had to be planted. Gentlemen, it was planted! Here are the two propositions, gentlemen: If Newt Lee was to be made the scapegoat, suspicion had to be directed to him. Somebody had to plant that suspicion.He would sacrifice Newt Lee that he might
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295 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKHe is the man about whom it appeared that the whole fight would center. If he could convince you that Jim confessed the murder to him, that would let Frank out! Yet where is Mincey? Gentlemen, this has been a long testimony which you have had to sit through, and I do not wish to take up any more of your time than necessary.Gentlemen, the only belief required of you is the same sort of belief that you would have on the street, at your places of business, or in your homes,
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296 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:264 X. AMERICAN STATE TRIALS.There are fellows like that streetcar man, Kendley, the one who vilified this defendant here and cried for him to be lynched, and shouted that he was guilty until he made himself a nuisance on the cars he ran. Why, I can hardly realize that a man holding a position as responsible as that of a motorman and a man with certain police powers and the discretion necessary to guide a car through the crowded city streets would give way to passion and prejudice like that. It was a type
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297 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 265Employees who have worked at the plant for three or four years have been induced to come up here and swear that Frank does not have a good character, but the decent employees down there have sworn to his good character. Look at the jailbirds they brought up here, the very dregs of humanity, men and women who have disgraced themselves and who now have come and tried to swear away the life of an innocent man.I know that you members of the jury are impartial. That's the only reason why
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298 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:266 X. AMERICAN STATE TRIALS.In words that burned, I condemned the third-degree methods of the police and detectives. They used those methods with Jim Conley. My friend, Hooper, claimed that nothing held Conley to the witness chair here but the truth, but I tell you that the fear of a broken neck held him there. I think this decision about the third degree was handed down with Conley’s case in mind. I’m going to expose this Conley business before I finish. I’m going to show that this entire case is the greatest frame-up in
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299 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 287It's the crime of a cannibal, a man-eater. Hooper is hard-pressed and wants to concoct a plot—he sees he has to come up with something. He forms his plot from Jim Conley's story.They say that on Friday, Frank knew he was going to make an attack of some sort on Mary Phagan. The plot thickens. Of all the wild things I have ever heard, that is the wildest. It is ridiculous. Mary Phagan worked in the pencil factory for months, and all the evidence they have produced that Frank ever associated
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300 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:268 X. AMERICAN STATE TRIALS.Never said a word about Mary's envelope. There's your conspiracy, with Jim Conley's story as its foundation. It's too thin. It's preposterous.Then my friend Hooper says Frank discharged Gantt because he saw Gantt talking to Mary Phagan. If you convict men on such distorted evidence as this, you'd be hanging men perpetually. Gantt, in the first place, doesn't come into this case in any good light. It is ridiculously absurd to bring his discharge into this plot of the defense. Why, even Grace Hicks, who worked with Mary Phagan, and
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301 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKEverything brought against Frank was some act he did openly and in broad daylight, and an act against which no objection was made.The trouble with Hooper is that he sees a bear in every bush. He sees a plot in this because Frank told Jim Conley to come back Saturday morning. The office that day was filled with people throughout the day. How could he know when Mary Phagan was coming or how many people would be in the place when she arrived?This crime is the hideous act of a negro who
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302 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:270 X. AMERICAN STATE TRIALS.All chips but one were not blood. Dorsey's own doctors have put him where he can't wriggle—his own evidence hampers him! They found blood spots on a certain spot and then had him adapt his story accordingly. They had him put the finding of the body near the blood spots, and had him drop it right where the spots were found.It stands to reason that if a girl had been wounded on the lathing machine, there would have been blood in the vicinity of the machine. Yet, there was no
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303 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKFor instance, this Dalton, who openly claims that he went into the basement with Daisy. I don't believe he ever did, but in such a case, he slipped in. There are some fallen women who can tell the truth. They have characteristics like all other types. We put her on the stand to prove Dalton a liar, and she did it. Now, gentlemen, don't you think the prosecution is hard-pressed when they put up such a character as Dalton? They say he has reformed. A man with thievery in his soul never
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304 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:272 X, AMERICAN STATE TRIALS.They planted it, but it does look suspicious. Don’t ask us about a planted shirt; ask Scott and Black.The first thing that points to Conley’s guilt is his original denial that he could write. Why did he deny it? Why? I don’t suppose much was thought of it when Jim said he couldn’t write, because there are plenty of negroes who are in the same situation. But later, when they found he could, and found that his script compared perfectly with the murder notes, they went right on accusing Frank.
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305 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 273Leo M. Frank had to tell a lie and put upon someone the burden of instructing him to write the notes. The first statement about them was a blunt lie—a lie in its incipiency. He said he wrote the notes on Friday. This was untrue and unreasonable, and he saw it. Frank could not have known anything of an intended murder on Friday from any viewpoint you might take, and therefore he could not have made Conley write them on Friday. Ah, gentlemen of the jury, I tell you these people
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306 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Q74 X, AMERICAN STATE TRIALS.There is detail enough in the morning, and he admits that they are lies. Now, in his third statement, that of May 28, he changes the time of writing the letters from Friday to Saturday. Here are two pages of what he said, all of which he afterwards said were lies. He says that he made the statement that he wrote the notes on Friday in order to divert suspicion from his being connected with the murder which happened on Saturday. He also says that this is his final and
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307 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 216I don't think that Newt killed the girl, but I believe he discovered the body some time before he notified the police. Newt's a good man.Scott said that it took Conley six minutes to write a part of one note. Conley said that he wrote the notes three times.They say that man couldn't lie. Gentlemen, if there is any one thing that man can do, it is to lie. As my good old friend, Charlie Hill, would say, "Put him in a hopper and he'll drip lies!"He was trying to prove
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308 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:276 AMERICAN STATE TRIALS.For that statement he put in Frank's mouth, it so happened, though, that Frank really did not have rich relatives in Brooklyn. His mother testified that his father was in ill health and had but moderate means, and that his sister worked in New York for her living.Gentlemen, am I living or dreaming that I have to argue such points as these? This is what you've got to do: You've got to swallow every word that Conley has said—feathers and all, or you've got to believe none of it. How are
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309 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKThe prosecution used profanity and worried him to get a confession. Hooper thinks that we have to break down Conley's testimony on the stand, but there is no such ruling. You can't tell when to believe him; he has lied so much. Scott says the detectives went over the testimony with Dorsey. That's where my friend got into it. They grilled Conley for six hours, trying to impress on him the fact that Frank would not have written the notes on Friday. They wanted another statement. He insisted that he had no
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310 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:278 X. AMERICAN STATE TRIALS.That fitted. And Conley changed things every time he had a visit from Dorsey and the detectives. Are you going to hang a man on that? Gentlemen, it's foolish for me to have to argue such a thing.The man that wrote those murder notes is the man who killed that girl. Prove that man was there and that he wrote the notes, and you know who killed the girl. Well, Conley acknowledges he wrote the notes, and witnesses have proved he was there, and he admits that, too. That negro
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311 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 219The detectives told Conley to swear to this and to swear to that, but they made the suggestions, and Conley knew whom he had to please. He knew that when he pleased the detectives, the rope knot around his neck grew looser. In the same way, they made Conley swear about Dalton, and in the same way about Daisy Hopkins. They didn't ask him about the mesh bag. They forgot that until Conley got on the stand. That mesh bag and that pay envelope furnish the true motive for this crime,
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312 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:280 X. AMERICAN STATE TRIALS.Every word on that chart is taken from the evidence, and it will show you that Frank did not have time to commit the crime charged to him. The state has wriggled a lot in this affair; they put up little George Epps, and he swore that he and Mary Phagan got to town about seven after twelve. Then they used other witnesses, and my friend Dorsey tried to boot the Epps boy's evidence aside as though it were nothing. The two streetcar men, Hollis and Mathews, say that Mary
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313 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANKHarlee Branch stated that he was present when the detectives made Conley reenact what he claimed had taken place. According to Branch, Conley started at 12:17 and took 50 minutes to complete the motions. The state has attacked nearly everyone we have brought into this case, but they did not attack Dr. William Owen. Dr. Owen's experiments demonstrated that Conley could not have gone through those motions in 34 minutes.Jim Conley declared that he started at four minutes to one o'clock to get the body, and that he and Frank left at
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314 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:282 X. AMERICAN STATE TRIALS,Frank couldn't have known that there was enough hatred left in this country against his race to bring such a hideous charge against him. The little girl entered the factory, received her pay, inquired about the metal, and then left. However, there was a black spider waiting down there near the elevator shaft—a great, passionate, lustful animal, full of cheap whiskey and wanting money to buy more. He was as full of vile lust as he was of the passion for more whiskey. The negro (and there are a thousand
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315 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 283Mrs. Selig and Mr. Selig swore on the stand that they knew Leo Frank came home at 1:20. Of course, Dorsey claims they are Frank's parents and wretched liars when they say they saw him come in at 1:20. According to Dorsey, there's no one in this case that can tell the truth but Conley, Dalton, and Albert McKnight. They are the lowest dregs and jail-birds, but they are the only ones who know how to tell the truth!Albert says he was at the Selig home when Frank came in; of
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316 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:284 X. AMERICAN STATE TRIALS.The prosecution introduced witnesses who swore that the woman and Frank had gone into the woman's dressing room when no one was around. I brand it a culmination of all lies when this woman was attacked. Frank had declared her to be a perfect lady with no shadow of suspicion against her.Well, Frank went back to the factory that afternoon after he had eaten his lunch, and he started in and made out the financial sheet. I don’t reckon he could have done that if he had just committed a
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317 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 285Among the speakers, and but for the masterly effort of my brother, Arnold, I almost wish it had ended with no speaking. My condition is such that I can say but little; my voice is husky and my throat almost gone. But for my interest in this case and my profound conviction of the innocence of this man, I would not undertake to speak at all.I want to repeat what my friend, Arnold, said so simply. He said this jury is no mob. The attitude of the juror's mind is not
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318 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:986 X, AMERICAN STATE TRIALS,You can find good men and women in all strata of life, and yet the detectives, working with microscopes and with the aid of my friend, Dorsey, excited almost beyond peradventure, found only two to swear against Frank. They found Dalton and they found Conley. Well, I'll take up Conley at a more fitting time, but Dalton, who is Dalton? God Almighty writes on a man's face, and he doesn't always write a pretty hand, but he writes a legible one. When you see Dalton, you put your hand on
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319 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANE. 287Dalton was a member of his race, and he was a thief and worse, if there can be, and yet he joined the church. He joined the church and he's now a decent, believable man. Well, you remember how brazenly he sat here on the stand and bragged of his "peach," how indecently he bragged of his fall; how he gloated over his vices. He was asked if he ever went to that miserable, dirty factory basement with a woman for immoral purposes, and he was proud to say that he
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320 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:288 X. AMERICAN STATE TRIALS.Of course, Dalton left an oozy trail behind him; wherever he went, he did that. You can still feel it in this courtroom. Of course, too, Dalton may have gone into the pencil factory that day and left his cozy, slimy trail there, but otherwise, there's nothing against the factory, and you know there's not, for our great quartet—Starnes and Campbell and Black (oh, how I love Black; I always want to put my arms around him whenever I think of him), and Scott, for he was with that crowd;
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321 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 289Now, another thing. We didn't have to put Frank's character up. If we hadn't, the judge would have told you that Frank must be presumed to have a good character, and that you did not have the right to ask that question about him. But we thought you were, and we put it up and see what a character the man has. There's not a man in the sound of my voice who could prove a better character. Of course, I mean from the credible evidence, not that stuff of Conley's
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322 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:290 X. AMERICAN STATE TRIALS.Mary Wallace, there three days, and Estelle Wallace, there a week, and Carrie Smith, who like Miss Cato, worked there three years. These are the only ones in the hundreds who have worked there since 1908 who will say that Frank has a bad character. Why, you could find more people to say that the Bishop of Atlanta, I believe, had a bad character than have been brought against Frank.You noticed they were not able to get any men to come from the factory and swear against Frank. Men are
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323 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 201Can such a scene indicate any sign of lascivious lust? I can't see for the life of me where it does. Does what Willie Turner saw, taking for granted he saw it, show that Frank was planning to ruin little Mary Phagan? Does it uphold this plot my friend Hooper had so much to say about? Even with that—considering Willie Turner did see such a thing, there's one fact that takes the sting out of it. He saw it in broad daylight. Frank was with the little girl right in front
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324 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:292 X. AMERICAN STATE TRIALS.Though he's a mighty bright man, it is true that some of the pay envelopes were left over on Friday, but he didn't know whose they were. Helen Ferguson says that on Friday she asked for Mary Phagan's pay and that Frank refused to give it to her, saying Mary would come the next day and get it herself. Magnolia Kennedy swears to the contrary. You have one or the other to believe. Consider, though, that this be true! How would Frank know who would be in the factory when
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325 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 298Some of us are early birds, while others slumber even through the tempting call of the breakfast bell. Would you hang us for that?Then, they say he hired a lawyer, and they call it suspicious—mighty suspicious. They wouldn't have kicked if he had hired Rube Arnold, because Rube has a good character. But they hired me, and they kicked and yelled "suspicions" so loudly you could hear it all the way from here to Jesup's cut. I don't know that I had ever met Frank before that morning, but I had
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326 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:294 X. AMERICAN STATE TRIALS.Upon arrest, as they say, the accused were held without the privilege of seeing friends, relatives, or counsel. It was a deplorable state of affairs. What happened?Haas went to the phone and called an older and more experienced head to battle with this police iniquity. Why shouldn't he? Dorsey sees in this harmless message a chance. He snaps at it like a snake. Dorsey is a good man—in his way. He'll be a better man, though, when he gets older and loses some of his present spirit and venom. There
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327 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 295What about the Conley story and the Minola McKnight story that are hidden in the still darker recesses of police headquarters?Frank makes his statement and is released. He goes back to the pencil factory, assuming that suspicion has been diverted from him. He thinks of the horrible murder that has been committed in his plant. He telephones Sig Montag about hiring a detective agency to solve the crime. Sig advises him to do it. I don't believe there is any detective living who can consort with crooks and criminals and felons,
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328 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:296 X. AMERICAN STATE TRIALS.But I don't want to. This seems to me the most unkindest cut of all. They say that that time slip was planted. They say the shirt was planted. Gentlemen, is there any evidence of this? Let's see about this statement. Black and somebody else, I believe, went out to Newt's house on Tuesday morning and found the shirt in the bottom of a barrel. They brought the shirt back to the police station and Newt said the shirt was his—or it looked like his shirt. Newt Lee had been
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329 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 297Here is another suspicious thing. Newt Lee came to the factory at four o'clock, and Frank sent the old man away. It was suggested that he was afraid the nigger would find the body, yet when he came back at six, Frank let him stay at the factory when he knew that in thirty minutes Newt was on the job and must go into the basement where they say Frank knew the body was.They say he was laughing at his home. If he had known of the crime of which he
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330 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:298 AMERICAN STATE TRIALS.Conley's Proof.None of these individuals ever came forward and said Conley was there and that they were with him. Starnes—and Starnes could find a needle in a haystack, but the Lord only knows what he’d do in an acre—could not find any of these people.Then there was that old negro drayman, old McCrary, the old peg-leg negro drayman, and thank God he was an old-timer, a "fo' de war" nigger. You know Conley, wishing to add a few finishing trimmings to his lines, said that old McCrary sent him down to
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331 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 299They learned that Conley could write. Frank told them that, you know. Well, I don’t mean to be severe, but they took that negro and gave him the third degree. Black and Scott cursed him. "You black scoundrel," they yelled at him. "You know that man never had you come there and write those notes on Friday!" And the poor negro, understanding and trying to please, said, "Yes, boss, that's right, I was there on Saturday." And so they went on and got first one affidavit and then another out of
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332 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:300 X. AMERICAN STATE TRIALS.Dorsey did, only he gave him several lessons, and they must have been just sort of finishing touches before he got his degree. Well, in the university course, they didn't dare put the steps in writing, as they had done in the high school; it would have been too easy to trace from step to step, the suggestions made, the additions and subtractions here and there.Professor Dorsey had him seven times, I know that, but God alone knows how many times the detectives had him. Was it fair to take
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333 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 301You must do what you must do—you must make Minola's husband a perjurer, and that would be terrible.You know about that Minola McKnight affair. It is the blackest of all. A negro woman was locked up from the solicitor's office, not because she would talk—she's given a statement—but because she would not talk to suit Starnes and Campbell. And two white men, to their shame, got her into it. Where was Chief Beavers? What was he doing that he became a party to this crime? Beavers, who would enforce the law;
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334 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:302 XY. - AMERICAN STATE TRIALS"The benches always stuck it out, but they were screwed to the floor." You gentlemen have been practically in that fix, but I feel, nevertheless, that you have been peculiarly kind, and I thank you.THE SOLICITOR GENERAL FOR THE STATEMr. Dorsey: Gentlemen of the Jury, this case is not only, as His Honor has told you, important, but it is extraordinary. It is extraordinary as a crime—a most heinous crime, a crime of a demoniac, a crime that has demanded vigorous, earnest, and conscientious effort on the part of
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335 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 308Did we hear cries of prejudice when we arrested Gantt, when we arrested Lee, when we arrested others? No, the prejudice came when we arrested this man, and never until he was arrested was there a cry of prejudice.Those gentlemen over there were disappointed when we did not pitch our case along that line, but not a word emanated from this side, showing any prejudice on our part, showing any feeling against Jew or Gentile.We would not have dared to come into this presence and ask for the conviction of a
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336 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:804 XY, AMERICAN STATE TRIALS.The Honorable Judge will charge you that you should not convict this man unless you think he is guilty beyond a reasonable doubt.A great many jurors, gentlemen, and the people generally get an idea that there is something mysterious and unfathomable about this reasonable doubt proposition. It's as plain as the nose on your face. The text writers, lawyers, and judges go around in a circle when they undertake to define it; it's a thing that speaks for itself, and every man of common sense knows what it is, and
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337 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANE. 305Circumstantial evidence can be as reliable as direct evidence. Eminent authorities have shown that in many cases, circumstantial evidence is more certain than direct evidence. A conviction can be established more effectively by a large number of witnesses providing circumstantial evidence and incidents pointing to guilt than by the testimony of a few witnesses who may have been eyewitnesses to the actual deed.In this case, we have both circumstantial evidence and an admission. With reasonable doubt as a basis, the evidence shows such consistency that a reasonable conclusion is all that
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338 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:306 X. AMERICAN STATE TRIALS.The defendant is presumed to have a good character. Had he not put his character in issue, it would have been presumed, and the State would have been absolutely helpless in proving that this man was not as good a man as lived in the City of Atlanta. It's a mighty easy thing, if a man is worth anything, if a man attains to any degree of respectability, to get someone to sustain his character. However, it's the hardest thing known to a lawyer to get people to impeach the
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339 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 307I am at ease, and I know the conscience that abides in the breast of honest, courageous men.Now, the book says that if a man has good character, nevertheless it will not hinder conviction if the guilt of the defendant is plainly proved to the satisfaction of the jury—as it was in the Durant case. I submit that, character or no character, this evidence demands a conviction. And I'm not asking you for it either because of prejudice—I'm coming to the perjury after a bit. Have I so forgotten myself that
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340 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:308 XY. AMERICAN STATE TRIALS."We did exercise that right in the examination of one witness, but knowing that we couldn't put specific instances in unless they drew it out, I didn't want even to do this man the injustice, so we suspended, and we put it before this jury in this kind of position—you put his character in, we put up witnesses to disprove it, you could cross-examine every one of them and ask them what they knew and what they had heard and what they had seen; we had already given them enough
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341 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 309Is it possible for someone to have the audacity and passion to come up here and swear that that man's character is bad if it is not true? I tell you it can't be done, and you know it.Ah, but on the other hand, Doctor Marx, Doctor Sonn, and all these other people, as Mr. Hooper said, who run with Doctor Jekyll, don't know the character of Mr. Hyde. And he didn't call Doctor Marx down to the factory on Saturday evenings to show what he was going to do with
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342 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:310 X. AMERICAN STATE TRIALS.He says, "You tell me to go up there to the girls' dressing room, shove open the door and walk in as a part of his duty, when he has foreladies to stop it? No, indeed." And old Jim Conley may not have been as far wrong as you may think. He says that somebody went up there that worked on the fourth floor, he didn’t know who. This man, according to the evidence of people that I submit you will believe, notwithstanding the fact that Mr. Reuben R. Arnold
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343 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 311According to the law, they had the right to delve into that character, and you saw that on cross-examination they dared not do it. I have here an authority that puts it right squarely: "Whenever anyone has evidence (83 Ga., 581) in their possession, and they fail to produce it, the strongest presumption arises that it would be hurtful if they had, and their failure to produce evidence is a circumstance against them."You don't need any law book to know that this is true, because your common sense tells you that
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344 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:312 X. AMERICAN STATE TRIALS.He appeared on the outside as a whited sepulcher, but was as rotten on the inside as it was possible to be.So, he has no good character, I submit, and never had it; he has a reputation—that's what people say and think about you—and he has a reputation for good conduct only among those people who don't know his character. But suppose that he had a good character; that would amount to nothing. David of old was a great character until he put old Uriah in the forefront of battle
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345 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 313The case culminated in sending him to prison for three long years. He was the man who led the aesthetic movement; he was a scholar, a literary man, cool, calm, and cultured. As I say, his cross-examination is a thing to be read with admiration by all lawyers, but he was convicted, and in his old age, went tottering to the grave, a confessed pervert. Good character? Why, he came to America after having launched what is known as the 'Aesthetic movement' in England, and throughout this country lectured to large
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346 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:314 X. AMERICAN STATE TRIALS.It is courageous enough to let that man who had taken that poor girl's life to save his reputation as the pastor of his flock go, and it is an illustration that will encourage and stimulate every right-thinking man to do his duty. Then, there's Beattie. Henry Clay Beattie, of Richmond, of a splendid and wealthy family, proved to be of good character, though he didn't possess it. He took his wife, the mother of a twelve-month-old baby, out automobiling and shot her; yet that man, looking at the blood
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347 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 315I want to read you a definition that an old darkey gave of an alibi, which I think illustrates the idea. Rastus asked his companion, "What's this here alibi you hear so much talk about?" And old Sam says, "An alibi is proving that you was at the prayer meeting, where you wasn't, to show that you wasn't at the crap game, where you was."Now, right here, let me interpolate, this man never made an admission, from the beginning until the end of this case, except when he knew that someone
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348 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:316 X, AMERICAN STATE TRIALS.While waiting for her companions, this daughter of an employee of Montag comes into this presence and tells you an unreasonable, absurd story. It's a story that contradicts the one made by Frank, which has been introduced in evidence and will be out with you. She claims she saw that fellow up there at Jacobs'.On this time proposition, I want to read you this—it made a wonderful impression on me when I read it. It's the wonderful speech of a wonderful man, a lawyer to whom even such men as
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349 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 317On the day of the murder of this girl on Saturday, he forgot to get the raincoat that old Jim saw him have. Miss Mattie Smith leaves the building, you say, at 9:20 A.M. She said—or Frank says—at 9:15. You have it on this chart here that's turned to the wall that Frank telephoned Schiff to come to his office at 10 o'clock, and yet this man Frank, coolly, composedly, with his great capacity for figures and data, in his own statement says that he gets to Montag's at that hour.
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350 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:318 X. AMERICAN STATE TRIALS.Mr. Dorsey: No, they didn't see him there. I doubt if anybody else saw him there either.Mr. Arnold: If a crowd of people here laugh every time we say anything, how are we to hear the Court? He has made a whole lot of little misstatements, but I let those pass, but I'm going to interrupt him on every substantial one he makes.Mr. Dorsey: He says those ladies saw Quinn—says they "saw Quinn was there before 12, and before I left there at 1 o'clock." "You saw him at that,
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351 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 319The argument against those men was that they had only cobwebs, weak and flimsy circumstances, and these circumstances were inconsistent with the theory of guilt and consistent with some other hypothesis.But as to this man, you have got cables, strong, so strong that even the combined ability of the erudite Arnold and the dynamic Roeser couldn't break them or disturb them.Circumstantial evidence is just as good as any other kind when it's the right kind. It's a poor case of circumstantial evidence against Newt Lee; it's no case against that long-legged
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352 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:320 & AMERICAN STATE TRIALS.Until that time—"I didn't stay there very often on Saturday afternoon;" Miss Fleming didn't stay there all afternoon. Now, gentlemen, I submit that this man made that financial sheet Saturday morning. He could have fixed up that financial sheet Saturday afternoon, but he wouldn't have done it without Schiff having furnished the data if he hadn't been suspecting an accusation of murdering that little girl. A man of Frank's type could easily have fixed that financial sheet—a thing he did fifty-two times a year for five or six years—and could
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353 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 821But whether or not he made out that financial sheet, I'll tell you something that he did do on Saturday afternoon, when he was waiting up there for old Jim to come back to burn that body. I'll tell you something that he did do—and don't forget the envelope and don't forget the way that paper was folded, either. Don't forget it. Listen to this: "I trust this finds you and dear tont (that's the German for aunt) well after arriving safe in New York. I hope you found all the
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354 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:322 X, AMERICAN STATE TRIALS.Fair men, courageous men, true Georgians, seeking to do your duty, consider this: that phrase, penned by that man to his uncle on Saturday afternoon, didn't come from a conscience that was its own accuser. "It is too short a time since you left for anything startling to have developed down here." What do you think of that? And then listen to this—as if that old gentleman, his uncle, cared anything for this proposition, this old millionaire traveling abroad to Germany for his health, this man from Brooklyn. An eminent
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355 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 323Frank was associated with a store employing two or three people, and we don't know how many more. If his uncle wasn't in Brooklyn, he was so near there that even Frank himself thought he was at the very moment he claimed to be there. He says, "You have seen or are with the people in Brooklyn."Let's go a step further. On April 28th, he wired Adolph Montag in care of the Imperial Hotel. Listen now to what he says: "You may have read in Atlanta papers of factory girl found
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356 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:324 X. AMERICAN STATE TRIALS.He said all right. He didn't want him to run anywhere else because he wanted him to work hand in glove with these men, and he wanted to know what they did, what they said, and what they thought. But Haas—and he's nobody's fool—when he saw that they were getting hot on the trail, opened up the conversation with the suggestion that "now you let us have what you get, first," and if Scott had fallen for that suggestion, then there would have been something else. You know it. You
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357 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 325Schiff, as willing and anxious as he was, couldn't stultify himself to such an extent as to tell you that Frank did that work on Saturday morning. But if he did write that financial sheet Saturday afternoon, a thing I submit he didn't do—I'm willing to admit he wrote that letter—I ask you, as fair, honest, and disinterested jurors representing the people of this community in seeing that justice is done and that the man who committed that dastardly deed has meted out to him that which he meted out to
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358 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:326 X. AMERICAN STATE TRIALS.Frank: "Tuesday morning?" "I saw him Tuesday morning"—he was up there on the fourth floor after the murder, on Tuesday, sometime between nine and eleven o'clock." I said, "Between nine and eleven, somewhere along there!" "Sometime between nine and eleven thirty." "Now, Jim Conley and Leo M. Frank were both on your floor between the same hours?" "I saw Mr. Frank and I saw Jim Conley.""You know it because you had a conversation with Mr. Frank, and you had a conversation with Jim Conley!" "Yes, I saw them both." And
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359 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 327Let's talk about Jim Conley reading the newspapers. If Jim had committed that crime and he hadn't felt that he had the power and influence of Leo Frank behind him to protect him, he never would have gone back to that factory or sat around and read newspapers. You know it, if you know anything about the character of the negro. Why was he so anxious to get the newspapers? It was because Jim knew some of the facts that he wanted to see, negro-like—that's what made him so anxious about
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360 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:328 X, AMERICAN STATE TRIALS."Time Tuesday!" "I couldn't tell you, I guess it was between eight and nine o'clock." The other one saw him somewhere between nine and eleven or eleven thirty. This lady, their witness, says that he was up there between eight and nine.Why was Frank so anxious to go up there on that floor? Why? It was because he wanted to see this man, Jim Conley, that he thought was going to protect him. Mr. Rosser characterized my suggestion that this man Frank called upon and expected Jim Conley to conceal
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361 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 329The facts are too firmly and too deeply rooted. Oh, yes, says Mrs. Small, I saw Frank up there on that fourth floor between eight and nine o'clock Tuesday morning, and the other lady saw him up there between nine and eleven. She wouldn't be sure of the day he was arrested—I say arrested, according to Frank's own statement, they got him and just detained him, and even then, red-handed murderer as he was, his standing and influence, and the standing and influence of his attorney, somehow or other—and that's the
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362 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:8380 X. AMERICAN STATE TRIALS,Let not able counsel and the glamour that surrounds wealth and influence deter you. I honor the way they went after Minola McKnight. I don't know whether they want me to apologize for them or not, but if you think that finding the red-handed murderer of a little girl like this is a ladies' tea party, and that the detectives should have the manners of a dancing master and apologize and palaver, you don't know anything about the business. You have seen these dogs that hunt the 'possum bark up
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363 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 331I am as proud of being elected to the position of Solicitor General by the people of this community as I am of anything else. However, I have never yet seen a man whom I would take as my model or pattern; I follow the dictates of my own conscience. If there is one act since I have been Solicitor General of which I am proud, it is the fact that I joined hand and glove with the detectives in the effort to seek the murderer of Mary Phagan. When your
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364 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:332 XY, ‘AMERICAN STATE TRIALS.Q: "I checked the ticket and I went on with my work." So Frank was up there Tuesday morning."Now, speaking about Mrs. Carson, how far towards the elevator did Mrs. Carson go with Frank?"A: "Mrs. Carson wasn't up there, it was Miss Carson, Miss Rebecca." The old lady says she was; I said, "Oh, the old lady wasn't up there at all?" No, sir; she wasn't there Tuesday at all.""You saw Miss Rebecca Carson walking up towards the elevator?""Yes, sir.""What was Conley doing?""Standing there by the elevator." And yet Jim
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365 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 333It was evident that many had seen the blood—that blood which at first wasn't blood but paint, and then wasn't paint but cat's blood or blood from someone who was injured, and then wasn't fresh blood but stale blood—too many had seen it. "On Wednesday, I had no business back there. I was there one day but can't remember." "What did you go back there for?" "A crowd of us went at noon to see if we could see any blood spots." "Were you successful?" "No, sir." "Who went with you?"
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366 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:334 X. AMERICAN STATE TRIALS.There is no slush fund behind this case. Now, let's move on a little bit.They tried very hard to break down this man, Albert McKnight, with Minola—and I believe I'll leave that for a little later and come now to this statement of Frank's. Gentlemen, I wish I could travel faster over this. I'm doing the very best I can. I have a difficult task, and I wish I didn't have to do it at all.Now, gentlemen, I want to discuss briefly right here these letters. If these letters weren't
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367 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO WM. FRANE, 335You say it's foolish, ridiculous, and a silly piece of business—a great folly. But murder will out, and Providence directs things in a mysterious way. Not only that, as Judge Bleckley says, "Crime, whenever committed, is a mistake in itself; and what kind of logic is it that will say that a man committed a crime, which is a great big mistake, and then in an effort to cover it up, won't make a smaller mistake?" There's no logic in that position. The man who commits a crime makes a mistake,
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368 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:336 X. AMERICAN STATE TRIALS.Exactly four times, as I'll show you when I come to read this statement by Leo M. Frank, for he chatted, and he chatted, and he chatted, and he chatted, according to his own statement. This letter that I hold in my hand says that this negro "did it." Old Jim Conley in his statement here, which I hold in my hand, every time he opened his mouth says "I done it." Old Jim Conley, if he had written these notes, never would have said "this negro did it by
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369 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 337Jim says he looked at him like he thought, "I done it." It's the difference between ignorance and education, and these notes that you had that man prepare in your office on this paper that stayed on that floor and on that pad that came from your office, bear the marks of your diction. Starnes and Campbell, with all their ingenuity, couldn't have anticipated that old Jim would get up here and state that "this man looked at me when he ran into that baby, like I done it;" and couldn't
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370 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:338 X. AMERICAN STATE TRIALS.I tell you, gentlemen of the jury, that a smarter man than Starnes, or a smarter man than Campbell, a smarter man than Black, a smarter man than Rosser, in the person of Leo M. Frank, felt impelled to put there these letters, which he thought would exculpate him, but which incriminate and damn him in the minds of every man seeking to get at the truth. Yet you tell me there's nothing in circumstantial evidence, when here's a pad and there's the pad and there's the notes, which you
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371 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 339Let it be the doubt of a man who has conjured it up simply to acquit a friend, or a man that has been the friend of a friend; let it be the doubt of an honest, conscientious, upright juror, the noblest work of Almighty God.Now, gentlemen of the jury, I tell you that when this statement you heard Frank make is scanned, it is susceptible of but one construction, and that is, that it is the statement of a guilty man, made to fit in these general circumstances, as they
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372 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:340 X. AMERICAN STATE TRIALS.The strength of the case does not rest upon this instance or that one, but upon all, taken together and bound together, which make a cable as strong as it is possible for the ingenuity of man to weave around anybody.Now, listen to this statement and let's analyze it as we go on a little. I don't know whether this man's statement to the jury will rank along with the cross-examination of that celebrated pervert, Oscar Wilde, or not, but it was a brilliant statement when unanalyzed. If you simply
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373 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANE, 341He was willing to help this man take the body from the second floor, where the blood was found, into the basement and keep his mouth shut and protect him until the combined efforts of Scott and Black and Starnes and all these detectives beat him down and made him admit a little now and a little then. He wasn't willing, and he had too much sense, to go down into that basement to do that dirty job by himself and cremate the remains of this little girl that that man
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374 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:342 X, AMERICAN STATE TRIALS.This pretty, attractive little girl, twelve months, and a man of your brilliant parts didn't even know her, and do you tell me that you had made up the pay-roll with Schiff fifty-two times during the year that Mary Phagan was there and still you didn't know her name or number? You tell me that this little country boy who comes from Oak Grove, near Sandy Springs in the northern part of this county, was lying when he got on that stand? I'll tell you no. Do you tell me
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375 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 343Has Conley lied? Has Dewey Hewell lied? Has Gantt lied? Has Miss Ruth Robinson lied? And even Frank, in his statement, admits that he knew Mary well enough to know that Gantt was familiar with her, because Chief Detective Harry Scott was told on Monday, April 28th, that this man Gantt was familiar with little Mary. And yet you expect an honest jury of twelve men—although out of your own mouth you told these detectives, whom you wired your uncle would eventually solve the problem, that this man Gantt was so
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376 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:344 X, AMERICAN STATE TRIALS,You stand in the way of the consummation of your diabolical and evil plans.You say that you and Schiff made up the payroll on Friday, and I wouldn't be at all surprised that, after little Mary had gone and while you and Schiff were making up the payroll on Friday afternoon, you saw little Mary's name and you knew that she hadn't been notified to come there and get her money at six o'clock on Friday afternoon. Then, as early as three o'clock—yes, as early as three—knowing that this little
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377 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 345The issue at hand is torn down, and the person who refused to go into specific instances on cross-examination, if he didn't contemplate this little girl's ruin and damnation, it was because he was infatuated with her and didn't have the power to control that ungovernable passion. There's your plot; and it fits right in and seems tight up, and you can twist and turn and wobble as much as you want to, but out of your own mouth, when you told your detective, Scott, that this man Gantt was familiar
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378 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:346 X. AMERICAN STATE TRIALS.He returned from the factory and said, "But I know there were several of them, and I went on chatting with Mr. Montag." I told you I was going to read this to you, and I just wanted you to know we were going to have this out with you. Another thing he said was, "I moved the papers I brought back from Montag's into the folder." Old Jim says he had the folder and put it away. "I would look and see how far along the reports were, which
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379 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 347In another instance, he says, "I chatted with them." "Entering, I found quite a number of people, among them Darley," etc. "I chatted with them a few minutes,"—using the same words Jim said he used with reference to this girl: "Miss Hall left my office on her way home; there were in the building at the time, Arthur White and Harry Denham and Arthur White's wife, on the top floor; to the best of my knowledge, it must have been ten or fifteen minutes after Miss Hall left my office when
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380 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:348 X. AMERICAN STATE TRIALS.While out of the building, he wanted to call Jim Conley, if Jim had seen, and his saying that he had seen would have given him away. Then it was that he wanted to get her out of the building, and he sent her upstairs and then went upstairs to get her out and pretended to be in a big hurry to get out. But according to her evidence, instead of going out, he didn't have on his coat and went back into his office and sat down at his
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381 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 349Like you, I would have stormed the jail or done anything. It oughtn't to be, because that thing ought to be left to be threshed out before an upright court and an honest jury.But this man Frank knew—he didn't expect her to turn him down. He paved the way, he had set the snare, and he thought that this poor little girl would yield to his importunities. But, ah! thank God, she was made of that kind of stuff to which you are a stranger, and she resisted, she wouldn't yield.
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382 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:350 X. AMERICAN STATE TRIALS.You are born, and that man is not like other men. He saw this girl, he coveted her; others without her stamina and her character had yielded to his lust, but she denied him. When she did, not being like other men, he struck her, he gagged her, he choked her. Then, able counsel go through the farce of showing that he had no marks on his person! Durant didn't have any marks on his person either. He didn't give her time to put marks on his person, but in
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383 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 351Blood was spattered towards the dressing room; you know it was blood because Starnes says he saw it was blood and he saw that the haskoline had been put over it. I’m going to read you this man’s statement, too, unless I give out physically, about this haskoline. It’s the purest subterfuge that ever a man sought to palm off on an honest jury.Starnes tells you that he found more blood fifty feet nearer the elevator on a nail. Barrett—Christopher Columbus Barrett, if you will—discovered the hair that was identified, I
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384 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:352 X. AMERICAN STATE TRIALS.In the dressing room at a time when no reward is shown to have been offered—and indeed, when you know that no reward was offered because no executive of this state or of this city offered any reward during Sunday or as early as 7 or 8 o'clock Monday morning—I say to you that this man Barrett stands as an oasis in a mighty desert, standing up for truth and right and telling it, though his own job is at stake, and you know it. And you may fling your
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385 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 353A white substance was smeared over it. "It was not there Friday, I know," said Mel Stanford, "because I swept the floor Friday at that place. The white substance appeared to have been swept over with a coarse broom; we have such a broom, but the one used by me Friday in sweeping over that identical spot was of finer straw. The spots were dry, and the dark led right up here within five feet of where the smear was." Blood and haskoline.Jim Conley saw her go up and didn't see
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386 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:354 X. AMERICAN STATE TRIALS.The witness did not go back on the affidavit which he had signed, though he did modify his statements.All right; I'm not going to call over all these other people—Mrs. Small and others—though Mrs. Carson denied it, she went there—who claimed to have seen that blood. But to cap it all, Mel Stanford says, "I swept the floor"—he's an employee and he's an honest man—"it wasn't there Friday." Why? Because old Jim, when he went to move that body, put it there Saturday. To cap it all, Doctor Claude Smith,
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387 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 855Consider that scuttle hole. Don't you know that Frank would have rushed to get his detective, Scott, to put the police in charge of the information that blood had been found there? But long after Jim Conley had been arrested, after this man Holloway had arrested him, after Holloway had said that Jim was "his nigger," realizing the desperation of the situation and that something had to be forthcoming to bolster up the charge that Conley did it, then it was—and not until then—that this man McWorth, after he had gone
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388 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:356 X. AMERICAN STATE TRIALS.After he killed that girl and changed his clothing, that old Newt didn’t have the time. Why did he say it then? Because he knew that Lanford and Black and the other detectives who were there would have examined that slip for themselves, then and there, and would have seen that these punches were regular or irregular. But he stood there, and because he knew he would be detected if he tried to palm off a fraud at that time and place, this man of keen perception, this man who
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389 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 357It is evident that someone planted that shirt sometime on Monday, though we do not know at whose instance and suggestion.Regarding the club, both Doctor Harris and Doctor Hurt have stated that the wound could not have been inflicted with that club. Not a single doctor among the numerous good men and competent doctors has contradicted this. A physical examination of the shirt reveals that it was not worn by the person when the blood got on it—there is as much blood on the inside or the underside that did not
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390 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:358 X. AMERICAN STATE TRIALS.I was about to have lunch when I got to my house, and Minola answered the phone. She responded that she would have lunch immediately and for me to come right away. I then gathered my papers together and went upstairs to see the boys on the top floor. This must have been around ten minutes to one, as I just looked at my watch. Mrs. White states that it was 12:35 when she passed by and saw me. That's possibly true; I have no recollection about it, but perhaps
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391 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 359"They didn't keep it shut all the time," said Albert. "And you know he didn't eat anything in that dining room?""Yes, I know he didn't eat."And this is the tale that had been told to Craven by the husband of Minola McKnight. Minola went down there and, in the presence of her counsel, stated these things to these officers. She never would have done it if it hadn't been the truth. Gordon was down there, and he could have said—and if he hadn't said it then he's unworthy of the name
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392 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:360 X. AMERICAN STATE TRIALS.I have enough to attend to my own business without running theirs. Now, go out there and bring in Julius Fisher, a photographer, and all these people to try to prove that the negro Albert McKnight lied. By the mere movement of that sideboard, which Mrs. Selig in her evidence says was put back in the exact same place every time they swept, you try to break down Albert McKnight's evidence. Gentlemen, Albert says that the sideboard had been moved, and you know it had been moved. Albert McKnight stood
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393 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 361"You know you can’t see from the kitchen into the dining room, you know that, don’t you?" "Yes sir, you certainly can see;" and the very evidence of the photographs and Julius Fischer and others who came here, after that sideboard had been moved, sustains Albert McKnight, and shows that once that sideboard is adjusted, you could see, as Albert says, and he did see because he would have never told that tale unless he had been there and seen it. "You can see in there!" "Yes sir, you can see;
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394 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:362 X, AMERICAN STATE TRIALS."Whether it's fair or not,—that's a fair statement?" And Albert says, "I don't know whether it's fair or not, but I know I saw Leo M. Frank come in there some time between one and two o'clock on Saturday, April 26th, and I know he didn't stay but about ten minutes and left to go to town." And he tells you the way in which he left, and Frank in his statement says that, while he didn't get on that car, he went in such a direction as Albert McKnight
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395 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 363You and I haven’t the physical strength, but there is certain language and certain statements and assertions made in this statement by this defendant which merit some consideration. This defendant stated to you, after His Honor had excluded our evidence and properly, I think, that his wife visited him at the police station. He says that she was there almost in hysterics, having been brought there by her father and two brothers-in-law and Rabbi Marx—no, Rabbi Marx was with me, I consulted with him as to the advisability of allowing my
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396 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:364. AMERICAN STATE TRIALS.Her husband would never have gone to him through snapshotters, reporters, and over the advice of any Rabbi under the sun. And you know it. Frank says in his statement, with reference to these notes written by Conley, "I said I know he can write." How long did it take him to say it, if he ever said it? "I received many notes from him asking me to loan him money. I have received too many notes from him not to know that he can write." In other words, Frank says
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397 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 865You know why. Ah, you did know that Conley could write. You knew it, not only because he wrote the notes for you, through which you sought to place the responsibility for this crime on another man, but you knew it because he checked up the boxes of pencils, and he had written you numerous notes to get money from you, just like he borrowed money from those other people in that factory. You knew that the most powerful fact that could be brought to light showing who committed this dastardly
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398 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:866%. AMERICAN STATE TRIALS.There never lived within the State of Georgia a lawyer with half the ability of Mr. Luther Rosser, who, possessing a consciousness of his client's innocence, wouldn't have said, "Let this ignorant negro confront my innocent client." If there be a negro who accuses me of a crime of which I am innocent, I tell you—and you know it's true—I'm going to confront him, even before my attorney, no matter who he is, returns from Tallulah Falls. And if not then, I tell you just as soon as that attorney does
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399 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO H. FRANK. 867**The Court:** I know; go on.**Mr. Dorsey:** They see the force of it.**Mr. Rosser:** Is that a fair comment, Your Honor, if I make a reasonable objection, to say that we see the force of it?**The Court:** I don’t think that, in reply to your objection, is a fair statement.**Mr. Dorsey:** Now, may it please Your Honor, if they don't see the force of it, you do—**Mr. Rosser:** I want to know, is Your Honor’s ruling to be absolutely disregarded like that?**The Court:** Mr. Dorsey, stay inside of the record, and
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400 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:368 X. AMERICAN STATE TRIALS.If you were innocent of murder, could any lawyer, Rosser or anybody else, keep you from confronting the accuser and nailing the lie? No lawyer on earth, no lawyer that ever lived in any age or any clime could prevent me, if I were innocent, from confronting a man who accused me wrongfully, be he white or black.And you, Leo Frank, went in and interviewed Newt Lee down yonder at twelve o'clock, Tuesday night, April 29th. And what did you do? Did you act like a man who wanted to
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401 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO H. FRANK. 360Newt Lee had been there for only two or three weeks—three weeks, to be precise. Frank could have told you that the detectives emphasized the fact that couples frequented the place on holidays, Saturdays, and at night, at all times and whenever other night watchmen were present. However, with Newt Lee having been there for just three weeks, he effectively prevents the State from impeaching or contradicting his statement. Therefore, he informs you that the detectives stressed the fact that couples had been there while the night watchman, Newt Lee, was
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402 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:370 X. AMERICAN STATE TRIALS."Now, first, contrast that statement for a moment with this statement with reference to the condition of the floor where Barrett worked. There he says there wasn't a spot, much less a blood spot—'looked at the machinery and the lathe, looked at the table on which the lathe stands and the lathe bed and the floor underneath the lathe and there wasn't a spot, much less a blood spot underneath.' All right; you say that that wasn't blood, you say that that haskoline wouldn't turn that color. In the name
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403 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO U. FRANK, 871Can you justify yourselves on that point, as against the evidence of all these witnesses who have told you that that was blood, and against the evidence of Doctor Claude Smith, the City Bacteriologist of the City of Atlanta, who tells you that through a chemical analysis he developed the fact that that was blood?This defense, gentlemen—they have got no defense. They have never come into close contact in this case, except on the proposition of abuse and vilification. They circle and flutter but never light; they grab at varnish and
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404 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:372 X. AMERICAN STATE TRIALS.Even if he had been such a fool and so unlike the other members of his race, by whom brutal murders have been committed, he should have taken time to tie a cord around her neck. A cord seldom found down there in the basement, according to your own statement, except when it's swept down in the trash, but a cord that hangs right up there on the office floor, both back there in the varnish room and up there in the front. If he had done all that—a thing
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405 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 373According to his own statement, Lemmie Quinn had to come and ask him to go back to see the blood spots on the second floor, found by this man Barrett. Is that the conduct of a man, the head of a pencil factory, who had employed detectives and was anxious to assist the police? He saw it in the newspapers, and yet Lemmie Quinn had to go and ask him to go back? And then he tells you in this statement, which is easy to write and glibly rattled off—a statement
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406 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:374 X¥. AMERICAN STATE TRIALS.Mr. Dorsey: Rogers said he never did look at that body.Mr. Arnold: I insist that isn’t the evidence. Rogers said he didn't know and couldn't answer whether he saw it or not, and Black said the same thing.I’m not going to quibble with you. The truth is, and you know it, that when that man Frank went down there to look at that body of that poor girl, to identify her, he never went into that room. And if he did look at her long enough to identify her, neither
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407 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 375Leo M. Frank's nervousness can be attributed to the circumstances surrounding the case, yet he returned, like a dog to its vomit or a sow to its wallow, to view the remains of this poor, innocent girl. I ask you, gentlemen of the jury, if you don't know that the reason Leo M. Frank went to the morgue on Sunday afternoon was to see if he could detect anything in the atmosphere indicating that the police suspected him? He admits his nervousness, and he admits being nervous in the presence of
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408 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:376 X¥. AMERICAN STATE TRIALS.The electricity might innocently electrocute some members of the fire department in case of a fire. I ask you, gentlemen of the jury, what was the necessity for leaving the box open when a simple turn of the lever would have shut off the electricity and enabled the key to have been hung up in the office, just exactly like old Holloway swore when he didn’t know the importance of the proposition? In the affidavit which I have and which was submitted in evidence to you, it states that the
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409 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 377**Mr. Rosser:** He doesn’t claim that. He says the point is it was easily gotten in the office, but that’s not what he said.**The Court:** You claim that’s a deduction you are drawing?**Mr. Dorsey:** Why, sure.**The Court:** Now, you don’t claim the evidence shows that?**Mr. Dorsey:** I claim that the power box was standing open Sunday morning.**The Court:** Do you insist that the evidence shows he had it in his pocket?**Mr. Dorsey:** I say that’s my recollection, but I’m willing to waive it; but let them go to the record, and
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410 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:378 X. AMERICAN STATE TRIALS.In his statement, the defendant says, "though I didn't look at her and couldn't have recognized her if she was in the dirty, distorted condition," yet he claims, "but I know it was Mary Phagan."He corroborates the detectives' statements, saying that at the undertaking establishment, "we went down a long, dark passageway with Mr. Rogers following, then I came and Black brought up the rear. Gheesling was on the opposite side of the little cooling table, the table between him and me; he took the head in his hands, put
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411 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 370When the incident occurred, the first question asked was not, "Has there been a fire?" but "Has there been a tragedy?" Starnes, the man who initially suspected Newt Lee, the negro night watchman, because he pointed his finger of suspicion at him, and who later went after Gantt because this defendant pointed the finger of suspicion at him, is a perjurer and a liar. Starnes, who has been a detective on the police force for many years, did this simply to gratify his ambition and place a noose around the neck
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412 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:880 X. AMERICAN STATE TRIALS.Had he been up there, he innocently called Newt to find out, he said, if Gantt had gone and Newt said to find out if everything was all right at the factory; and you know that the reason he called up was to find out if Newt, in making his rounds, had discovered the body of this dead girl."Would you convict him on this circumstance or that circumstance?" No. But I would weave them all together, and I would make a rope, no one strand of which is sufficiently strong
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413 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 381This man Frank had stepped out of his office to answer a call of nature. He would have remembered it, and if he wouldn't have remembered it, at least he wouldn't have stated so repeatedly and unqualifiedly that he never left his office. Only on the stand here, when he faces an honest jury, charged with the murder, and circumstances stacked up against him, does he offer the flimsy excuse that these are things that people do unconsciously and without any recollection.But this man Scott, in company with Black, after they
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414 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:382 &X. AMERICAN STATE TRIALS,"You were in your office," and Frank said "yes." And not until he saw the wonderful capacity, the wonderful ability, the wonderful devotion of this man Scott to the truth and right did he ever shut him out from his counsel. No suggestion then that he might have had to answer a call of nature, but emphatically, without knowing the importance, he told his own detective, in the presence of John Black, that at no time, for no purpose, from a few minutes before this unfortunate girl arrived, until he
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415 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK. 383A man named Mr. Kelley, who rode on the same car with Hollis, the same car that Hollis claims or Matthews claims that he rode on, knew the girl, knew Matthews, and tells you—and he's unimpeached and unimpeachable, and there's no suggestion here, even if you set the evidence of Epps and McCoy and Kendley aside—upon which an honest jury can predicate a doubt that this man Kelley of the streetcar company didn't tell the truth when he says that she wasn't on that car that this man Matthews says she
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416 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:334 - X. AMERICAN STATE TRIALS.Mr. Arnold: I move to exclude that as grossly improper. He says he is arguing that some physician was brought here because he was the physician of some member of the jury. It's grossly unfair and it's grossly improper and insulting, even, to the jury.Mr. Dorsey: I say it is eminently proper and absolutely a legitimate argument.Mr. Arnold: I just record my objection, and if Your Honor lets it stay in, you can do it.Mr. Dorsey: Yes, sir; that wouldn't scare me, Your Honor.The Court: Well, I want to
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417 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO, M. FRANK. 885Do we know anything about the action of gastric juices on foods in the stomach? Can this man, with his short experience of seven years, this gentleman, splendid though he is, from Michigan, put his opinion against the eminent Secretary of the Georgia Board of Health, Doctor Roy Harris? I tell you, no.Now, let's briefly review this nervousness proposition. The man displayed nervousness when he talked to old man John Starnes. When Black went out to his house and he sent his wife down to give him nerve, although he was
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418 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:386 X. AMERICAN STATE TRIALS.The situation was that he dared not say, because he couldn’t then say, that he saw that man also sweeping them out. Then it was that he said, "All right, Newt, go up with him and let him get them," and lo and behold, the shoes that this man Frank would have him believe were swept out, both tan and black, were there. Gantt tells you how he acted; Newt tells you how he jumped. Rogers and Black, honest men, when they went out there after Mr. Starnes had talked
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419 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 387The language used was "Completely unstrung," and now he changed it in your presence to "almost completely unstrung."You tell me that this man, who called for breakfast at home as Durant called for bromo seltzer in San Francisco, and who called for coffee at the factory as Durant called for bromo seltzer in San Francisco, you tell me that this man Frank, the defendant in this case, explains his nervousness by reason of the automobile ride and the view of the body—as this man Durant in San Francisco tried to explain
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420 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:388 XY. AMERICAN STATE TRIALS.Man Scott, one of the most material witnesses, although the detective of this defendant's company, might also throw me down. Scott says this man Frank, when he went there Monday afternoon, after he had anxiously phoned Schiff to see old man Sig Montag and get Sig Montag's permission—had phoned him three times—Scott says that he squirmed in his chair continually, crossed and uncrossed his legs, rubbed his face with his hand, sighed, twisted and drew long deep breaths. After going to the station Tuesday morning, just before his arrest—if he
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421 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO H. FRANK. 389The death of Christ on the Cross, as it is said, when He suffered that agony, He said to the thief, "This day shalt thou be with Me in Paradise;" and unless our religion is a fraud and a farce, if it teaches anything, it is that man, though he may be a thief, may be rehabilitated, and enjoy a good character and the confidence of the people among whom he lives.And this man Dalton, according to the unimpeached testimony of these people who have known him in DeKalb and Fulton
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422 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:390 X. AMERICAN STATE TRIALS.To impeach this man, Dalton, you could have found it out. And I submit that the man that did it, whoever he was, the man who had the charity in his heart to dress that negro up—the negro that you would dress in a shroud and send to his grave—the man that did that, to bring him into the presence of this Court deserves not the condemnation, but the thanks of this jury.Let's see what Mr. William Smith, a man employed to defend this negro Conley, set up in response
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423 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 391During the night, Jim Conley was offered sandwiches and whiskey and his life was threatened—things that the sheriff, who is as good as the chief of police but no better, couldn’t guard against because of the physical structure of the jail. Conley asked, and His Honor granted the request, that he be remanded back into the custody of the honorable men who manage the police department of the City of Atlanta.Mr. Rosser: No, that’s a mistake, that isn’t correct. Your Honor discharged him from custody—he said that under that petition Your
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424 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:392 X. AMERICAN STATE TRIALS.If Frank had been a member of the police force of the City of Atlanta, he would have been a liberated man when he stepped into this Court to swear, or he would have been spirited out of the State of Georgia so his damaging evidence couldn't have been adduced against this man.But yet you say Conley is impeached? You went thoroughly into this man Conley's previous life. You found out every person for whom he had worked, and yet this lousy, disreputable negro is unimpeached by any man except
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425 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 393When these girls were reclining and lounging after finishing their piece work, and the sardonic grin that lit his countenance is described, it sustains Jim Conley. Miss Kitchens, the lady from the fourth floor, whom Mr. Arnold repeatedly asserted you didn't produce, and her account of this man's conduct when he came in on these girls, whom he should have protected, and when he should have been the last man to go into that room, sustains Jim Conley. Miss Jackson's assertion that she heard of three or four other instances and
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426 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:394 X. AMERICAN STATE TRIALS.Jim Conley's testimony is supported by multiple pieces of evidence. Daisy Hopkins' notorious reputation and Jim's statement that he had seen her enter the factory with Dalton and descend the scuttle hole to the location where the cot was found, corroborate Jim Conley's account. The blood on the second floor, testified to by numerous witnesses, further supports Jim Conley's narrative. The appearance of the blood and the physical condition of the floor when it was discovered on Monday morning also sustain Jim Conley's testimony.Additionally, the testimony of Holloway, given in
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427 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 395**Mr. Rosser:** He says time and time again, "I disremember whether I did or not"; he says "I did it," page after page, sometimes three times on a page. I've got the record, too. Of course, if the Almighty God was to say it, you would deny it.**Mr. Dorsey:** Who reported it?**Mr. Rosser:** Pages 496, (Mr. Rosser here read a list of page numbers containing the statement referred to.)**Mr. Arnold:** I want to read the first one before he caught himself, on page 946. I want to read the statement—**Mr. Dorsey:**
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428 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:896 X. AMERICAN STATE TRIALS.It is worth noting that there are other instances you might pick showing that he used the word "I done," and they know it. All right, leave the language, take the context.These notes say, as I suggested the other day, that she was assaulted as she went to make water. The only closet known to Mary, and the only one that she would ever have used, is the closet on the office floor, where Conley says he found the body. Her body was found right on the route that Frank
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429 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 397Despite the fact that you say you kept a book for express and kerosene and every other conceivable purpose for which money was appropriated, you fail and refuse, because you can't, to produce the signature of White, or the entry in any book made by Frank showing that this man White ever got that money, except the entry made by this man Schiff some time during the week thereafter.I tell you, gentlemen of the jury, that the reason Frank didn't enter up, or didn't take the receipt from White about the
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430 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:398 X. AMERICAN STATE TRIALS.Gentlemen, every word of that defendant proclaims him responsible for the death of this little factory girl. Gentlemen, every circumstance in this case proves him guilty of this crime. Extraordinary! Yes, but nevertheless true, just as true as Mary Phagan is dead. She died a noble death, not a blot on her name. She died because she wouldn’t yield her virtue to the demands of her superintendent. I have no purpose and have never had from the beginning in this case that you oughtn’t to have, as an honest, upright
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431 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 399On South Pryor Street, a large crowd cheered the solicitor, crying, "Hurrah for Dorsey."First, on Saturday, August 23, 1913, when the jury was only 100 feet away from the courthouse, in the German cafe, a crowd in front of the courthouse loudly cheered the solicitor as he came out. Afterward, a portion of the crowd moved up in front of the cafe and repeated their cheers.Second, on the last day of the trial, namely Monday, a large crowd of women had assembled in the courtroom and taken their seats before court
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432 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:400X. AMERICAN STATE TRIALSAfter they went inside the cafe, I did not hear any more cheers or applause.Cross-examined: The crowd was in front of the courthouse; I could not hear the words they said, but only the noises and the thunderclaps. No one came inside the cafe after the jury entered; I heard nothing on the outside after they went in. I do not know whether Solicitor Dorsey was in the courthouse or outside of the courthouse when the cheering commenced.Mr. Arnold: As Mr. Dorsey left the courtroom Friday afternoon, I heard loud cheering
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433 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 401On the 27th day of April of this year, with force and arms, Leo M. Frank did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by the Grand Jury of this county recently empaneled, Leo M. Frank, the defendant, files a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of
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434 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:402 X. AMERICAN STATE TRIALS.Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart.There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term "malice" is not confined to particular animosity to the deceased, but extends to an evil design in
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435 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 408Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason you have been selected, empaneled, and sworn in this case—to discover what is the truth on this issue formed on this bill of indictment. Is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea of not guilty the truth?The rules of evidence are framed with a view to this prominent end—seeking always for pure sources and the highest evidence. Direct evidence
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436 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:404 X. AMERICAN STATE TRIALS.The jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not. If a consideration of the proof of his good character, considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him.The term "character" as used in this context,
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437 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 405When a man's character is put in evidence, and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged. Instead, it is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character.When the defendant has put his character in issue,
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438 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:406 XY. AMERICAN STATE TRIALS.If you believe from the evidence as a whole that the defendant is guilty beyond a reasonable doubt, you would be authorized to convict him.If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say, "We, the jury, find the defendant guilty." Should you go no further, gentlemen, and say nothing else in your verdict, the Court would have to sentence the defendant to the extreme penalty for murder, to wit:
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439 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 407THE VERDICT AND SENTENCEAt 4:55, the jury returned to the court with a verdict of guilty. The courtroom had been cleared of spectators; the prisoner himself, as well as his counsel, were absent (see post, p. 410). Only the judge, the officers of the court, the state counsel, and some other members of the bar were present. When the verdict was rendered, the windows of the courtroom were closed due to the noise made by the crowd in the streets.While the jury was out for nearly four hours, and each and
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440 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:408 X. AMERICAN STATE TRIALS.**Judge Roan:** Mr. Sheriff, I will pass sentence tomorrow. Have the prisoner here. I will notify you in time of the hour. Gentlemen of the jury, I thank you for your patient service in this case. This has been the longest trial I have ever participated in, and I dare say the longest you ever have or ever will. Thanking you again for your long and faithful service and arduous labors, the Court will now dismiss you. The state will furnish your script for twenty-nine days.August 26.**Judge Roan:** Mr. Frank,
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441 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 409The trial will be filed in due order, and it will be duly heard. It is now my duty to pronounce the formal sentence of the law upon you, which I will read in open court. Indictment for murder, Fulton Superior Court, May term, 1913. Verdict of guilty, July term, 1913. Whereupon, it is considered, ordered, and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail of the county of Fulton, and that he be there safely kept
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442 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:410 X. AMERICAN STATE TRIALS.THE SUBSEQUENT HISTORY OF THE CASE—THE APPEALS TO THE COURTS—THE COMMUTATION BY THE GOVERNOR—THE LYNCHING OF THE PRISONER.On October 31, 1913, Judge Roan denied the motion for a new trial. On February 17, 1914, the Supreme Court of Georgia affirmed the verdict of the lower court by a vote of four to two, and on February 25, unanimously overruled a motion for rehearing. On March 7, Frank was sentenced for a second time, with April 17 set as the date for the execution. On April 16, an extraordinary motion for
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443 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 41On October 18, a writ of error was refused. On November 23, Mr. Justice Lamar of the Supreme Court of the United States refused a writ of error. On November 25, Mr. Justice Holmes of the United States Supreme Court also refused a writ. On December 7, the full bench of the United States Supreme Court refused a writ of error. On December 9, Frank was re-sentenced.Frank stated that he was not present when the verdict was rendered and the jury discharged. He did not know of any waiver of his
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444 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:412 X. AMERICAN STATE TRIALS.Leo Frank was sentenced to hang on January 22, 1915. On December 21, United States District Judge W. T. Newman of Georgia refused a writ of habeas corpus. On December 28, 1914, Mr. Justice Lamar granted an appeal and certificate of reasonable doubt to the United States Supreme Court. On April 19, 1915, the Supreme Court of the United States, with Mr. Justices Holmes and Hughes dissenting, dismissed the appeal. On May 31, Frank's plea for commutation of sentence to life imprisonment was heard before the State Prison Commission. On
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445 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:LEO M. FRANK, 1915At daybreak on August 17th, two miles northeast of Marietta, in Cobb County, Georgia, Leo M. Frank was lynched by a mob. Mary Phagan's body was buried in the cemetery of this town. A number of men in automobiles arrived at the State Prison farm where Frank was serving his commuted life sentence, after dark on the evening of August 16th. These men cut the telephone wires, overpowered the guards, entered the hall where Frank was sleeping, carried him into one of the automobiles, and made the journey during the night
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446 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:414 X. AMERICAN STATE TRIALS.The body was cut down and carried to Atlanta, and from there sent to Brooklyn where his parents lived."Whoever did this thing—" The man beside the body broke in with a shout: "God bless him, whoever he was." Judge Morris laid his hand on the man's shoulder and asked him to be quiet for a few minutes. "Whoever did this thing did a thorough job." "They sure did," chorused the crowd. "Whoever did this thing," said Judge Morris, "left nothing more for us to do. Little Mary Phagan is vindicated.
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447 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF WILLIAM WEMMS AND SEVEN OTHER BRITISH SOLDIERS FOR THE MURDER OF CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, AND PATRICK CARR, BOSTON, MASSACHUSETTS, 1770.THE NARRATIVEOn the evening of March 5th, 1770, a party of British soldiers fired upon a crowd of citizens of Boston, causing the death of five of them. This incident is known in American history as the "Boston Massacre," and it grew out of the strong feeling among the Colonists against having soldiers quartered upon them.There had been much friction between soldiers and civilians in Boston. A
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448 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:416 X. AMERICAN STATE TRIALS.A man in a red cloak and white wig rushed to King Street, now State Street, after hearing the alarm. Meanwhile, the sentry before the custom house in that street was attacked while on duty. He loaded his gun and retreated up the steps, but the people pressed upon him with bitter imprecations. He called on the main guard, within hearing, for protection. Captain Preston, the officer of the day, sent a corporal and six men to protect the sentinel and followed them himself. The mob had now received a
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449 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt was revealed that the soldiers had been involved in a confrontation with the people at the Rope Walk a few days before. It was also shown that Killroy's bayonet was bloody the next morning after the affray. A witness swore that Montgomery was the first one that fired, that when his gun was knocked out of his hand, he recovered it and fired again, and that he was the one who killed Attucks.A large number of witnesses testified to the origin of the affair and attributed the blame to
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450 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:418 Z. AMERICAN STATE TRIALSThe soldiers received the same treatment, but there was no direct evidence that they were ordered to fire by their commanders, although they were frequently dared to do so by their assailants. They were called cowards, dastards, lobsters (in reference to the color of their coats), bloody backs (in allusion to the custom of flogging in the army), and every conceivable insult was thrown at them by the excited crowd that surrounded them.The most effective speeches to the jury were made by Mr. Adams and Mr. Quincy, and the verdict
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451 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWilliam Wemms and Hugh Montgomery, British soldiers of the 29th Regiment of Foot, were placed at the bar today charged with the murder of five citizens of Boston, namely: Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr. They pleaded not guilty.The trial was documented in a publication titled "A Short Narrative of the Horrid Massacre in Boston, Perpetrated in the Evening of the Fifth Day of March, 1770, by Soldiers of the 29th Regiment, Which with the 14th Regiment Were Then Quartered There: With Some Observations on
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452 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:420 X. AMERICAN STATE TRIALS.The following jurors were selected: Joseph Mayo, foreman, and Nathaniel Davis, of Roxbury; Abraham Wheeler and Edward Peirce, of Dorchester; Josiah Thayer, of Braintree; Benjamin Fisher, of Dedham; Samuel Davenport and Joseph Haughton, of Milton.It is alleged that William Warren, feloniously, wilfully, and of his malice aforethought, did shoot off and discharge at and against the said Crispus Attucks, and that the said William Warren, with the leaden bullets as aforesaid, out of the said hand gun, then and there by force of the said gunpowder so shot off and
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453 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe jury consisted of the following individuals: Joseph Mayo, of Roxbury; Abraham Wheeler, of Concord; Isaac Pierce, of Woburn; William Veazie, of Braintree; Edward Savel, of Woburn; Jonathan Williams, of Brookline; Samuel Davenport, of Milton; Consider Atherton, of Stoughton; Jacob Cushing, Jr., Josiah Lane, and Jonathan Burr, of Hingham.The Clerk addressed the court: "You, the prisoners at the bar, these good men who were last called and now appear, are those who are to pass between our sovereign Lord the King and you, upon the trial of your several lives.
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454 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:422 X. AMERICAN STATE TRIALS.Mr. Samuel Quincy. May it please your Honors and you gentlemen of the jury: The prisoners at the bar are that party of soldiers belonging to His Majesty’s 29th regiment, who in the evening of the 5th of March last, were induced from some cause or other to fire on the inhabitants of this town in King Street. They are charged in five distinct indictments with the willful, premeditated murder of five different persons mentioned in the respective bills. To each of these indictments, they have severally pleaded not guilty,
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455 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEUMS AND SEVEN OTHERS. 493It is yours, gentlemen of the jury, to determine whether they are guilty or not.The cause is solemn and important; no less than whether eight of your fellow subjects shall live or die! A cause grounded on the most melancholy event that has yet taken place on the continent of America, and perhaps of the greatest expectation of any that has yet come before a tribunal of civil justice, in this part of the British dominions.I am aware how difficult, in cases of this sort, it ever is, and
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456 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:424X. AMERICAN STATE TRIALS.THE WITNESSES FOR THE PROSECUTION**Jonathan W. Austin** was on King Street that evening. As the soldiers wheeled around, McCauley pushed at me with his bayonet and said, "Damn you, stand off." Then I heard several shots; I saw McCauley after the fire, reloading.**Ebenezer Bridgham** was also in King Street. The next morning at the gaol, I thought I had seen Warren in King Street the evening before, but afterwards I saw a person that looked very like him belonging to the same regiment, which caused me to doubt. I also saw
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457 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSJames BrewerI saw Killroy on the custom house steps. Killroy pushed me with his bayonet. I heard several guns fired.James BaileyI saw Montgomery, Carroll, and White there. I saw Montgomery fire first. I think Montgomery killed Attucks. Attucks was about fifteen feet from him over the gutter. I did not apprehend myself or the soldiers in danger from clubs, sticks, snowballs, or anything else. I saw a person strike Montgomery at the corner of Royal Exchange Lane. Attucks was not the person.Richard PalmesHearing a disturbance in King Street, I was
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458 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:426XE. AMERICAN STATE TRIALS.Different men pierced me in the arm and elbow quite to the bone.**Samuel Hemmingway.** Being in company with Killroy, I heard him say he never would miss an opportunity to fire on the people of the town, for he had wanted it ever since he landed. Killroy was not then in liquor nor appeared to be in anger. I told him he was a fool for saying so; he said, "I do not care; I will not miss an opportunity for all that."**Nicholas Ferveter.** I knew Killroy and Warren; they were
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459 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAfter the shots were fired, the crowd began to scatter. Once the firing ceased, a little boy came and told us that some people were killed; I saw them lying in the street. I did not imagine anyone was killed but supposed that they had been scared and run away, leaving their great coats behind them. I saw nothing like an attack that could produce such consequences. I went to look at the mulatto man and heard a noise like the cocking of firelocks, but an officer passed before them
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460 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:428X. AMERICAN STATE TRIALS."It was nine o'clock, and I did not think anything else until somebody cried fire." "Did you strike before the firing?" "Yes." "Did you strike as hard as you could?" "Yes, and hit the lock of his gun, and if I had struck a little lower, I should have left a mark that I could have sworn to." "Was the sword in your hand drawn?" "I drew it when the soldier pushed at me, and struck at him as I have mentioned." "How many soldiers were there?" "I did not count
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461 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSI was waiting at the door for a minute or two; people were coming down in twos and threes at a time. At length, the noise subsided, and it seemed to be calming down by their hands, but I apprehended no danger from them. I stood on the step of the door; they appeared to be pushing right down towards us, and I began to apprehend danger. They said something, I do not know what it was, but I went inside as fast as I could and shut the door
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462 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:430AMERICAN STATE TRIALSI was in my house when I heard the cry of fire, and people began to gather, as they do at the sound of fire. I thought it was a fire, so I came to the door and saw them gathering thickly from all quarters—forty, fifty, or sixty people. When the party came down, I thought it was no more than what I had seen every day; I thought they had come to relieve the sentry. They seemed to be in a posture of defense and came through the people. I saw
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463 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe bell rang, as we all thought, for a mission for peace; they fired, he ran out in order to go, with no regard to me or my orders. I went to it, but encountered an old man who was coming by, before my face, and some of them struck at me, but did not hit me; I do not know that any of the soldiers were among them.John Hill, Esq., saw a party of soldiers near the Rope Walks with clubs; he ordered them to disperse. He commanded the
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464 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:432 X. AMERICAN STATE TRIALS,The motives of the accused persons may not be precisely ascertained, except in the case of Killroy, against whom I think you have certain evidence.It is a rule of law, gentlemen, that when the fact of killing is once proved, every circumstance alleviating, excusing, or justifying, in order to extenuate the crime, must be proved by the prisoners, for the law presumes the fact malicious until the contrary appears in evidence.There is another rule I shall mention also, and that is, that it is immaterial where there are a number
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465 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe defendants are charged with the murder of several of the king's liege subjects, as set forth in the indictments that have been read to you. According to these indictments, the persons slain were "being in the peace of God, and our lord the king" at the time they received their mortal wounds.The prisoners have each pleaded not guilty and have put themselves on trial before God and their country, which you represent. By their pleas, they will stand or fall according to the evidence that applies to each of
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466 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:484 X. AMERICAN STATE TRIALSThirdly, is there anything appearing in evidence that will justify, excuse, or extenuate such homicide by reducing it to that species of offense called manslaughter?Before we enter upon these inquiries, permit me, gentlemen, to remind you of the importance of this trial as it relates to the prisoners. It is for their lives! If we consider the number of persons now on trial, joined with many other circumstances which might be mentioned, it is by far the most important trial this country has ever seen. Remember the ties you are
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467 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWhat is at first irksome soon becomes pleasing. But does experience teach that misery begets in general a hatred of life? By no means. We all recoil at death; we long for one short space more; we grasp with anxious solicitude even after a wretched existence. God and nature have implanted this love of life. Expel, therefore, from your breasts an opinion so unwarranted by any law, human or divine. Let not anything so injurious to the prisoners, who value life as much as you do, and let not anything
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468 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:436 X, AMERICAN STATE TRIALS.About five or six years ago, it is well known, certain measures were adopted by the British parliament, which gave a general alarm to this continent. Measures were alternately taken in Great Britain that awakened jealousy, resentment, fortitude, and vigilance. Affairs continued long fluctuating. A sentiment universally prevailed that our dearest rights were invaded. It is not our business here to inquire touching these delicate points. These are concernments, which, however interesting or important in themselves, we must keep far away from us when in a court of law. It
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469 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS, 437Today, gentlemen, I appeal to you for the truth of what I say: many on this continent viewed their chains as already forged. They saw fetters as prepared; they beheld the soldiers as fastening and riveting, for ages, the shackles of their bondage. With the justness of these apprehensions, you and I have nothing to do in this place. Disquisitions of this sort are for the senate and the chamber of council; they are for statesmen and politicians, who take a latitude in thoughts and action. But we, gentlemen,
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470 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:438 X, AMERICAN STATE TRIALS.His heart glowed with an ardor, which he took for a love of liberty and his country, and he had formed no design fatal to its privileges. He recollected, no doubt, that he had heretofore exposed himself for its service. He had bared his bosom in defense of his native soil and still felt the smart of wounds received in conflict for his king and country. Could that spirit, which had braved the shafts of foreign battle, brook the keener wounds of civil contest? The arrows which now pierced him
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471 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe must stop. If we pursue this inquiry at this time and in this place, we shall be in danger of doing great injustice. We shall get beyond our limits. The right of quartering troops in this province must be discussed at a different tribunal. The constitutional legality, the propriety, the expediency of their appointment are questions of state, not to be determined or even agitated by us in this court. It is enough for us if the law takes notice of them when thus stationed, if it warrants their
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472 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:440 X. AMERICAN STATE TRIALS.Was it his duty to espouse the cause of those assembled in King Street? I think not; but lest my opinion should not have any weight, let me remind you of an author, who, I could wish, were in the hands of all of you; one whom I trust you will credit, I am sure you ought to love and revere him. I wish his sentiments were engraven in indelible characters on your hearts. You will not suspect him of being unfriendly to liberty; if this cause and its events
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473 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSHow can we regard with contempt a body of men stationed, most certainly, by the consent of her supreme legislature, the Parliament of Britain? What could be more disrespectful to our common sovereign than to assume the sword of justice and become the avengers of either public or private wrongs? Though the soldiers who appeared in the earlier part of the evening in Cornhill acted like barbarians and savages, they had now retired and were confined in their barracks. What though an impertinent boy had received unjustifiable correction from the
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474 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:442, & AMERICAN STATE TRIALS.Justice. We ought to recollect that our present decisions will be scanned, perhaps throughout all Europe. We must not forget that we ourselves will have a reflective hour—an hour in which we shall view things through a different medium—when the pulse will no longer beat with the tumults of the day—when the conscious pang of having betrayed truth, justice, and integrity shall bite like a serpent and sting like an adder.Consider, gentlemen, the danger which you, and all of us, are in of being led away by our affections and
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475 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 443In the fervor of our zeal, reason is in hazard of being lost; for, as was elegantly expressed by a learned gentleman at the late trial, "the passions of man, nay, his very imaginations, are contagious." The pomp of funeral and the horrors of death have been so delineated as to give a spring to our ideas and inspire a glow incompatible with sound deliberative judgment. In this situation, every passion has been alternately predominant. They have each in its turn subsided in degree, and then have sometimes given
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476 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:444 VOL. AMERICAN STATE TRIALS.In this respect, what success will follow those endeavors depends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in your opinion, it is vain to say more; but if you are zealous inquirers after truth, if you are willing to hear with impartiality, to examine and judge for yourselves, enough has been said to apprise you of these avenues at which the enemies of truth and justice are most likely to enter and most easily to beset you.Gentlemen of
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477 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe have no more concern than either of you, gentlemen. I say, passing over all these matters as foreign to this trial, let us state the evidence appearing even from the crown witnesses.Mr. Quincy then took up the evidence against the prisoners, pointing out the circumstances which favored them. He then stated the points he expected to exhibit on the part of the prisoners, to show that all which they did was necessary and proper in self-defense.THE WITNESSES FOR THE PRISONERS**James Crawford:** On the night of March 5th, while going
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478 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:448X. AMERICAN STATE TRIALS.A group of people armed with white sticks made several attacks on the barracks but were always driven back. Each time a fresh party arrived from the north part of the town, they launched a new attack. There were about five or six different attacks in total. I saw a large man wearing a red cloak and a white wig; the crowd gathered around him, and he spoke for two or three minutes. They then gave several different cheers for the Main Guard and declared they would "do for the soldiers."Archibald
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479 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening of March 5th, I observed a group of people with sticks and clubs. They mentioned there was no fire, but rather a disturbance involving soldiers and inhabitants. I returned to the room occasionally, but feeling uneasy, I went back to the door and saw several groups of people pass by. One group, consisting of eight or ten individuals, carried white sticks or clubs in their hands.Captain John Goldfinch recounted that on the evening of March 8th, around nine o'clock, he was passing over Cornhill when he saw
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480 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:448X. AMERICAN STATE TRIALS.I saw them throwing oyster shells and snowballs at the sentry at the Custom House door; he was on the steps. Some were shouting, "Let us burn the sentry box, let us heave it overboard," but they did not.**John Ruddock, Esq.** As I went home, I met a number of boys with clubs; they had been doing so for several months before. They chose to do so because they had been so often knocked down by the soldiers. Some said the soldiers were going to fight with the people.**Newton Prince.** When
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481 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 449There came a little man who said, "Why do you not keep your soldiers in their barracks?" They said they had done everything they possibly could, and would do everything in their power to keep them in their barracks. On which he said, "Are the inhabitants to be knocked down in the streets, are they to be murdered in this manner?" The officers still insisted they had done their utmost, and would do it, to keep the soldiers in their barracks. The same person then said, "You know the
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482 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:450X, AMERICAN STATE TRIALS.I heard the expression, "let us go to the main guard"; Captain Goldfinch was still on the steps. I heard his voice still talking, and I think he desired every person to go away. While he was talking, I heard the report of a musket, then the report of a second gun, and presently a third. Upon the firing of the first gun, I heard Captain Goldfinch say, "I thought it would come to this, it is time for me to go." I then saw a soldier come down the alley
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483 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening of March 5th, around nine o'clock, I heard the bells ringing and ran out to see where the fire was. I went down to the South Meeting House and saw men and boys armed with clubs coming along. Some were cursing the soldiers, saying they would destroy them and sink them.William Davis, a sergeant major of the 14th regiment, recounted his experience on Monday evening, March 8th, around eight o'clock. He was heading towards the North End in Fore Street, near Wentworth’s Wharf, when he saw about
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484 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:452X. AMERICAN STATE TRIALS.I saw them, and they would have revenge for something or other, I could not tell what; that they would drive them before them. Some said they had been to Rowe’s barracks and had driven the soldiers or the sentinel into the barracks. I saw a number of people with clubs, and at a distance, a group of soldiers at the Custom House. I went down to the right of them, where Captain Preston stood. I had not been there a minute before the guns were fired. I saw several things
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485 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAndrew: I am Oliver Wendell's negro. On the evening of the fifth of March, I was at home when I heard the bells ring. I went to the gate and saw one of my acquaintances. I asked him what was the matter, and he said the soldiers were fighting, had got cutlasses, and were killing everybody. He told me that one of them had struck him on the arm and almost cut it off. He advised me not to go down, but I said a good club was better than
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486 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:454X. AMERICAN STATE TRIALS.A man was shouting and crying, "Damn them, they dare not fire, we are not afraid of them." One of these people, a stout man with a long, cord-wood stick, threw himself in and made a blow at the officer. I saw the officer try to ward off the stroke. The stout man turned around and struck the grenadier's gun at the captain's right hand, and immediately fell in with his club, knocked his gun away, and struck him over the head. The blow came either on the soldier's cheek or
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487 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening in question, upon returning home, I saw a number of people gathered around the sentinel, using opprobrious language and making threats. I urged them to disperse, warning them that the consequences would be fatal if they did not. A few snowballs were thrown, and the abusive language continued. They said, "Damn him, let him fire, he can fire but one gun." There might have been seventy to a hundred people there. When I could not persuade them to leave, I went to Mr. Payne's. Shortly after, the
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488 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALS456I said there was no fire, but I understood the soldiers were coming up to cut down Liberty Tree. I then went out to make an inquiry. Before I got into the street, I met Mr. Walker, the ship carpenter, and asked him what the matter was. He said he had been out and there was nobody in the street at all; the sentry at the custom-house was walking as usual, with nobody near him. I went up towards the town house, where there was a number of people, and inquired
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489 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt appeared to me there were seven in all. When the last gun was discharged, I realized I was myself wounded and went into the house.December 1Joseph HinckleyOn the evening of the 6th, I heard the bells ring and went out to see where the fire was. I heard the drum beat and went down to the Conduit. I saw thirty or forty people with sticks in their hands. They hallooed, "King Street forever," and huzzaed. The sentinel was walking backwards and forwards with his firelock on his shoulder. Some
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490 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:458X. AMERICAN STATE TRIALS.The boys were in the front, and the men in the rear. Several people were running about the streets, and the cry was "damn the rascals." Some said, "This will never do; the readiest way to get rid of these people is to attack the main guard. Strike at the root; there is the nest."Mrs. Catherine Field testified that Patrick Carr, who was killed by the firing in King Street on the 5th, was in her house that evening. When the bells rang, he went upstairs and put his surtout on,
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491 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSTHE SPEECHES FOR THE PRISONERSDecember 3Mr. Josiah Quincy, Jr.: May it please your Honor, and you, Gentlemen of the Jury: We have at length gone through the evidence in behalf of the prisoners. The witnesses have placed before you that state of facts from which results our defense. The examination has been so lengthy that I am afraid some painful sensations arise when you find that you are now to sit and hear the remarks of counsel. But you should reflect that no more indulgence is shown to the prisoners
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492 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:460 X. AMERICAN STATE TRIALS.There is now no reason to alter our sentiments. Will any sober, prudent man countenance the proceedings of the people in King Street? Can anyone justify their conduct? Is there any one man, or any body of men, who are interested in espousing and supporting their conduct? Surely not. But our inquiry must be confined to the legality of their conduct; and here there can be no difficulty. It was certainly illegal, unless many witnesses are directly perjured; witnesses who have no apparent interest to falsify—witnesses who have given their
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493 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 461The cry was not, "Here is the soldier who has injured us—here is the fellow who wounded the man in Cornhill." No, the reasoning, or rather ferment, seems to be, "The soldiers have committed an outrage, and we have an equal right to inflict punishment, or rather revenge, which they had to make an assault." They said right, but never considered that those soldiers had no right at all. These are sentiments natural enough to persons in this state of mind—we can easily suppose even good men thinking and
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494 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:462 X. AMERICAN STATE TRIALSThe law does not proceed upon the absurd supposition that a person can, in these circumstances, harm himself. Hence, we find that if a husband, catching his wife in the act of adultery, instantly seizes a deadly weapon and slays the adulterer, it is not considered murder. Indeed, even a fillip upon the nose or forehead, given in anger, is deemed by the law sufficient provocation to reduce a killing to manslaughter. It is, therefore, upon principles like these—principles upon which those who now bear the hardest against us at
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495 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 463Gentlemen of the Jury, after having thus gone through the evidence and considered it as applicatory to all and every one of the prisoners, the next matter in order seems to be the consideration of the law pertinent upon this evidence.Mr. Quincy now entered, at large, upon a review of the appearances in several parts of the town; he was copious upon the expressions and behavior sworn to. He then, more particularly, recapitulated the evidence touching Murray's barracks, Dock Square, and the Market place. He next pursued several parties
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496 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:464 X. AMERICAN STATE TRIALS.And here, gentlemen, let me again inform you that the law which is to pass upon these prisoners is a law adapting itself to the human species, with all their feelings, passions, and infirmities. It is a law which does not go upon the absurd supposition that men are stocks and stones, or that in the fervor of the blood, a man can act with the deliberation and judgment of a philosopher. No, gentlemen; the law supposes that a principle of resentment, for wise and obvious reasons, is deeply implanted
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497 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSTo be stigmatized with having smarted under the lash at the halbert; to be twitted with so infamous an ignominy, which was either wholly undeserved, or a grievance which should never have been repeated; I say, to call upon and awaken sensations of this kind, must sting even to madness. But couple these words with the succeeding actions—"You dastard—you coward!" A soldier and a coward! This was touching, with a witness, "the point of honor, and the pride of virtue." But while these are as yet fomenting the passions, and
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498 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:466 X. AMERICAN STATE TRIALS.Was anything done on the part of the assailants similar to the conduct, warnings, and declarations of the prisoners? Answer for yourselves, gentlemen. The words, reiterated all around, stabbed to the heart; the actions of the assailants tended to a worse end, to awaken every passion of which the human breast is susceptible. Fear, anger, pride, resentment, and revenge alternately take possession of the whole man. To expect, under these circumstances, that such words would assuage the tempest, that such actions would allay the flames—you might as rationally expect the
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499 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThere is a rule which, if taken in its strict literal sense, would imply that a man killing another in self-defense would incur the pains of death. This is a doctrine which no man in his senses would ever embrace; a doctrine that certainly never prevailed under the Mosaical institution. For we find the Jews had their six cities of refuge to which the manslayer might flee from the avenger of blood. And something analogous to this (if it did not originate from it) is our benefit of clergy.The phrase,
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500 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:488 X. AMERICAN STATE TRIALS.In an assembly, each member is accountable only for their own actions, and not for the actions of others. However, if an assembly is deemed unlawful, the actions of any member, related to the purpose of the assembly, are attributable to all members. This is a legal principle that no lawyer would dispute. It is a law rooted in the need to maintain societal peace, and though often overlooked by the general public, it should be consistently considered.Was the assembly of the soldiers lawful? For what purpose did the soldiers
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501 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 469I have gone through those authorities in law which I thought pertinent to this trial. I have been thus lengthy, not for the information of the Court, but to satisfy you, gentlemen, and all who may chance to hear me, of that law which is well known to those of us who are conversant in courts, but not so generally known or attended to by many, as it ought to be. A law which extends to each of us, as well as to any of the prisoners; for it
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502 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:470 X. AMERICAN STATE TRIALS,We do not wish to extend matters so far. We cite this author to show the world that the greatest friends to their country, to universal liberty, and the immutable rights of all men have held tenets and advanced maxims favorable to the prisoners at the bar. And although we should not adopt the sentiments of Mr. Locke in their most extensive latitude, yet there seems to be something very analogous to this opinion, which is countenanced in our laws.There is a spirit which pervades the whole system of English
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503 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSI hope you will approach your role as judge with a becoming temper of mind, remembering that those who are under oath to declare the whole truth think and act very differently from bystanders. Bystanders, being under no such obligations, take a latitude which is by no means admissible in a court of law.I cannot better close this cause than by desiring you to consider well the genius and spirit of the law which will be laid down, and to govern yourselves by this great standard of truth. To some
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504 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:472 X. AMERICAN STATE TRIALS.We must recollect with what temper the law requires we should proceed to this trial. The form of proceeding at their arraignment has discovered that the spirit of the law upon such occasions is conformable to humanity, to common sense and feeling; that it is all benignity and candor. And the trial commences with the prayer of the court, expressed by the clerk, to the supreme judge of judges, empires, and worlds: "God send you a good deliverance."We find, in the rules laid down by the greatest English judges, who
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505 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMUS AND SEVEN OTHERS. 473Quod dubitas ne feceris; where you are doubtful, never act; that is, if you doubt the prisoner's guilt, never declare him guilty. This is always the rule, especially in cases of life. Another rule from the same author is that in some cases, presumptive evidence goes so far as to prove a person guilty, though there is no express proof of the fact having been committed by him. However, it must be very warily pressed, for it is better that five guilty persons should escape unpunished than that one
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506 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:474%. AMERICAN STATE TRIALS.I shall now consider the several divisions of law under which the evidence will arrange itself.The act now before you is homicide, that is, the killing of one man by another. The law calls it homicide, but it is not criminal in all cases for one man to slay another. Had the prisoners been on the plains of Abraham and slain a hundred Frenchmen apiece, the English law would have considered it as a commendable action, virtuous and praiseworthy. So, every instance of killing a man is not a crime in
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507 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe have an inherent affection for ourselves, implanted by nature, and we can annihilate ourselves as easily as we can root out this affection. It is the first and strongest principle in our nature; Blackstone calls it "the primary canon in the law of nature." The precept of our holy religion, which commands us to love our neighbor as ourselves, does not command us to love our neighbor better than ourselves, or even as well. No Christian divine has given this interpretation. The precept enjoins that our benevolence to our
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508 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:476 X. AMERICAN STATE TRIALS.It is justifiable to repel force by force against anyone who endeavors to commit any kind of felony on oneself or one's property. The rule is clear: I have a right to stand in my own defense if you intend to commit a felony. If any of the persons made an attack on these soldiers with the intention to rob them, even if it was just to take their hats feloniously, the soldiers had a right to kill them on the spot and had no obligation to retreat. If a
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509 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 477Consider that the people around you thought you came to dragoon them into obedience to statutes, instructions, mandates, and edicts, which they thoroughly detested. Many of these people were thoughtless and inconsiderate, old and young, sailors and landmen, negroes and mulattos. The soldiers had no friends among them; the rest were in opposition to them. With all the bells ringing to call the town together to assist the people in King Street, for they knew by that time that there was no fire, the people were shouting, huzzaing, and
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510 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:478 X. AMERICAN STATE TRIALS.Where a known felony is attempted upon a person, be it to rob or murder, the party assaulted may repel force with force. Even the assaulted person's own servant, then attendant on them, or any other person present, may interpose to prevent mischief. If death ensues, the party so interposing will be justified. In this case, nature and social duty cooperate. (Foster 274. Hawkins, P. C, Chap. xxviii, Sec. 25, towards the end.)Yet it seems that a private person, a fortiori, an officer of justice, who happens unavoidably to kill
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511 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMHS AND SEVEN OTHERS. 479The law allows one to act upon unavoidable necessity; but also, he who, being assaulted in such a manner and in such a place that he cannot retreat without manifestly endangering his life, kills the other without retreating at all. See. 16. "And an officer who kills one that insults him in the execution of his office, and where a private person that kills one who feloniously assaults him in the highway may justify the fact without ever giving back at all."In the case before you, I suppose you
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512 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:480. X. AMERICAN STATE TRIALS.At certain critical seasons, even in the mildest government, the people are liable to run into riots and tumults. There are church quakes and state quakes in the moral and political world, as well as earthquakes, storms, and tempests in the physical. However, it must be said in favor of the people and of human nature that it is a general, if not a universal truth, that the aptitude of the people to mutinies, seditions, tumults, and insurrections is in direct proportion to the despotism of the government. In governments
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513 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMUS AND SEVEN OTHERS. 481In the case here, we will take Montgomery, if you please, when he was attacked by the stout man with the stick, who aimed it at his head, with a number of people around him, crying out, "Kill them! Kill them!" Had he not a right to kill the man? If all the party were guilty of the assault made by the stout man, and all of them had discovered malice in their hearts, had not Montgomery a right, according to Lord Chief Justice Holt, to put it out
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514 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:482 AMERICAN STATE TRIALSIn this case, the principal issue is the reversal of the scene; if you are satisfied that these soldiers were present on a lawful design, and it is proven that any of them shot without provocation and killed someone, then only that individual is answerable for it. According to 1st Hale P.C., "Although if many come upon an unlawful design, and one of the company kills one of the adverse party, in pursuance of that design, all are principals: yet if many are together upon a lawful account, and one of
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515 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 483The case of Pudsey, reported by Crompton and cited by Hale, turned upon this point. The offenses they respectively stood charged with as principals were committed far out of their sight and hearing, and yet both were held to be present. It was sufficient that at the instant the facts were committed, they were of the same party and upon the same pursuit, and under the same engagements and expectations of mutual defense and support, with those that did the facts.Thus far I have proceeded, and I believe it
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516 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:484 X. AMERICAN STATE TRIALS.I have no reason to suppose that there ever was one in Boston, at least among the natives of the country. But rioters are in the same situation, as far as my argument is concerned, and proper officers may suppress rioters, and so may even private persons. The defense is not put on the sole ground that they were acting in obedience to orders; but as citizens who were entitled to the protection of the laws as much as any other citizens. The sentry being attacked in the street by
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517 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 485Who were endeavoring to deprive him of his; that is a point I would not give up for my right hand, nay, for my life."Well, I say, if the people did this, or if this was only their intention, surely the officer and soldiers had a right to go to his relief, and therefore they set out upon a lawful errand. They were therefore a lawful assembly, if we only consider them as private subjects and fellow citizens, without regard to mutiny acts, articles of war, or soldiers' oaths.
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518 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:486 X, AMERICAN STATE TRIALS.Words alone may precede, but if, after using such language, I proceed to take someone by the nose or fillip them on the forehead, that constitutes an assault, a blow. The law does not require a person to stand still and endure it; therein lies the distinction: hands off, touch me not. As soon as you touch me, if I run you through the heart, it is considered only manslaughter. The more you contemplate the utility of this distinction, the more satisfied you will become with it. An assault occurs
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519 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt is not respectable for them. The sun is not about to stand still or go out, nor the rivers to dry up, because there was a mob in Boston on the fifth of March that attacked a party of soldiers. Such things are not new in the world, nor in the British dominions, though they are, comparatively, rarities and novelties in this town. Carr, a native of Ireland, had often been concerned in such attacks, and, indeed, from the nature of things, soldiers quartered in a populous town will
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520 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:488 X. AMERICAN STATE TRIALS.The prosecution aimed to prove that Killroy harbored preconceived malice in his heart, not specifically against the unfortunate victims who were killed, but against the inhabitants in general. They argued that he possessed the spirit not only of a Turk or an Arab, but of the devil himself. However, even if this testimony were taken as literally true, and Killroy indeed harbored all the malice they sought to prove, if he was assaulted that night and his life was in danger, he had the right to defend himself just as
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521 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAttucks, whom Montgomery was supposed to have killed, appeared to have undertaken to be the hero of the night and to lead this army with banners. He first formed them in Dock Square and then marched them up to King Street with their clubs. They passed through the main street up to the main guard in order to make the attack. If this was not an unlawful assembly, there never was one in the world. Attucks, with his myrmidons, came around Jackson's corner and down to the party by the
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522 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:490 X. AMERICAN STATE TRIALS.The use of cinders, clubs, or sticks of any kind was a provocation, for which the law reduces the offense of killing down to manslaughter, in consideration of those passions in our nature which cannot be eradicated. To your candor and justice, I submit the prisoners and their cause.The law, in all vicissitudes of government, fluctuations of the passions, or flights of enthusiasm, will preserve a steady, undeviating course; it will not bend to the uncertain wishes, imaginations, and wanton tempers of men. To use the words of a great
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523 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe counsel for the prisoners, having spoken last, has produced so many authorities that I would not normally think it necessary to comment on it particularly. However, it has been traced through so many volumes and urged with such eloquence and zeal, as though it were the foundation of their defense, or at least an argument chiefly relied upon. But if you consider this sort of reasoning for a moment, you will realize that it tends more to amuse than to enlighten. Without great caution, it may captivate your minds
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524 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:492 X. AMERICAN STATE TRIALS.In the proceedings that have unfolded, the defense of the prisoners has been vigorously pursued, appealing to your passions in favor of life in a manner that might be unsettling to your humanity if I were to attempt a similar appeal against life. Numerous observations have been made to present the prisoners in a favorable light and to evoke your compassion. It has been suggested that "the life of a soldier is thought to be less valuable among us than the life of a private subject," a claim that is
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525 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt remains to be determined whether the publication of the evidence has tended more to the advantage or disadvantage of the prisoners. It is notorious that, by means of it, they have learned the strength of the evidence against them and had time to prepare to encounter it. This is evident from the points taken in their defense, which they have endeavored to address. Meanwhile, the counsel for the crown, despite their supposed assistance, having neither heard nor seen the evidence to be produced for the prisoners, were surprised at
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526 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:494 X, AMERICAN STATE TRIALS.I am designed to prove to you that on the evening of the 8th of March, the town was in a general commotion. Vast numbers of people were seen coming from all parts of the town, armed with clubs and sticks of various sizes, and some with guns. They assembled at and near King Street; fire was cried, and the bells were rung to increase the collection. From all this, you might be induced to believe that there was a general design, in a great number of the inhabitants, to
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527 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe evil disposition and abusive behavior of many of the soldiers toward the citizens had created a tense atmosphere. Even the most peaceable among the citizens found it necessary to arm themselves with heavy walking sticks as weapons of defense when they went abroad. This explains the presence of sticks in the hands of many citizens, as had been stated, and it was nothing more than might have been expected on any other night.To focus this affair to a single point of view, consider the account given of the affray
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528 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:496 X. AMERICAN STATE TRIALS.The account given by other witnesses of the collection of the citizens evidently refers to those who assembled when the soldiers rushed out in the manner before mentioned. And though it cannot be fully justified, yet who will say that anything better could be expected when the people found they could not walk the streets in peace without danger of assassination? But how does all this prove the grand point for which it was produced, namely, that there was a combination of the inhabitants to attack the soldiers? Does the
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529 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 497Second. Whether they, or either of them, were killed by the prisoners, or either of them? And if they were, then,Third. Whether such killing was justifiable, excusable, or felonious? And if the latter,Fourth. Whether it was manslaughter or murder?As to the first, you have not only the coroner's inquest but the testimony of so many witnesses that the five persons were shot and thereby mortally wounded on the night of the fifth of March last, and that some of them died instantly, and the rest in a few days
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530 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:498 X. AMERICAN STATE TRIALSIf one of the prisoners did not actually kill either of the persons who were slain, you must consider whether he did it in consideration of law. Now, all who are present, aiding and abetting one person in killing another, do, in the judgment of law, kill him. The stroke of one is, in consideration of law, the stroke of all. When a number of persons assemble together to do an unlawful act, and in the prosecution of that design one of them kills a man, all the rest of
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531 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 499If the action upon which that declaration was founded is unlawful in one part of the king's dominions, it is equally unlawful to be done in any other part. However, the annually enacted Mutiny Acts demonstrate the consent of Parliament that the king, in times of peace, should maintain a standing army not only in the kingdom but also in America. These acts not only determine the number of troops to be maintained but also provide for the regulation of the king's troops stationed in America. Therefore, as these
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532 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:500 X. AMERICAN STATE TRIALS.It is for you to determine this matter upon the whole of the evidence given to you. In doing so, you ought to reconcile the several testimonies, if by any reasonable construction of the words it may be done. Where some witnesses swear they saw such a thing done, and others swear they were present and did not see it, if the thing said to be done be such as it may reasonably be supposed some might see and others not, by reason of their want of observation, or particular
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533 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMHUS AND SEVEN OTHERSYou have heard the deposition regarding the resolution to drive the soldiers out of town "because they had no business here." You have also heard testimony about the proposals to attack the main guard, the assembling of the people—especially in Dock Square—of the cheering for the main guard and King Street, and of the attack on the sentry. Now, if this was done in pursuance of a resolution taken "to drive the soldiers out of the town because they had no business here," I will not now determine whether it
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534 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:502 X. AMERICAN STATE TRIALS.All members of the party will, by law, be chargeable with each mortal stroke given by any one of them, as though they all had, in fact, given it.It is said that while they were at the custom-house, before they fired, some of them attempted to stab everyone they could reach with their bayonets, without any reason for doing so. Such conduct can neither be justified nor excused. However, as the time was very short, and some witnesses declare that the people were crowding upon the soldiers and that the
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535 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWith regard to the assault made upon the party of soldiers at the custom-house, if you believe they were attacked by such numbers and in such a violent manner as many of the witnesses have positively sworn, you will be able to assign a cause for their firing so near together as they did without supposing a previous agreement to do so. However, it is argued that if their firing as they did does not prove a previous agreement to do it, it is still good evidence of an actual
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536 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:504 X. AMERICAN STATE TRIALS.Montgomery killed Attucks, and Langford swears Killroy killed Gray, but none of the witnesses undertake to say that either of the other prisoners in particular killed any of the other three persons, or that all of them did it. On the contrary, it seems that one of the six did not fire, and that another of them fired at a boy as he was running down the street, but missed him (if he had killed him, as the evidence stands, it would have been murder). However, the witnesses are not
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537 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIf there is sufficient reason to believe that Montgomery fired and killed Attucks for the preservation of his own life, it was justifiable homicide, and he ought to be acquitted. If you do not believe that was the case, but upon the evidence are satisfied that he was assaulted by that assembly with clubs and other weapons, and thereupon fired at the rioters and killed Attucks, then you ought to find him guilty of manslaughter only. However, if upon the evidence, you believe that Montgomery, without being previously assaulted, fired
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538 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:506 X. AMERICAN STATE TRIALS.Nay, while soldiers are in the immediate service of the king and the regular discharge of their duty, they rather come within the reason of civil officers and their assistants, and are alike under the peculiar protection of the law.If you are satisfied upon the evidence that Killroy killed Gray, you will then inquire whether it was justifiable, excusable, or felonious homicide, and if the latter, whether it was with or without malice. If the attack was upon the party of soldiers in general, and in the manner I have
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539 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAlthough 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
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540 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:508 X. AMERICAN STATE TRIALS.The soldiers had the right to stand their ground and repel force with force, rather than retreat and yield to the rioters.It is unnecessary for me to discuss what you should do regarding the other six prisoners, in case they had gone to the custom-house not to protect the sentry but to disturb the peace, or if they had agreed to do so after arriving and before the firing began, or if they had actually unlawfully abetted the killing. None of these scenarios have been testified to, nor can any
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541 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF CAPTAIN THOMAS PRESTON FOR THE MURDER OF CRISPUS ATTUCKS AND OTHERS, BOSTON, MASSACHUSETTS, 1770The Narrative and TrialBefore the trial of the eight soldiers was held (ante, p. 415), Captain Thomas Preston, who was in command of the regiment to which they belonged and who was charged with having ordered the soldiers to fire, and who had been included in the indictments against them, was brought to trial before the same judges and with the same counsel. The trial of the soldiers was very fully reported by John Hodgson; however, no minutes
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542 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:510 X. AMERICAN STATE TRIALS.It was evident that Mr. Adams, in an attempt to curb the situation, warned the witness that if he did not desist, he would decline to have any further involvement in the case. The prisoner and his friends, alarmed by this, considered engaging other counsel. However, Mr. Adams, confident that there was sufficient evidence to secure a favorable verdict from an impartial jury, had no intention of abandoning his client. His concern was for the honor of the town, which he feared would suffer further if the witnesses were examined
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543 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF EDWARD MANWARING, JOHN MUNRO, HAMMOND GREEN, AND THOMAS GREENWOOD, FOR MURDER, BOSTON, MASSACHUSETTS, 1770THE NARRATIVE AND TRIALOn the 12th of December, following the trial of the eight British soldiers (ante, p. 415), four civilians described in the indictments as Edward Manwaring, Esquire; John Munro, gentleman; Hammond Green, boat builder; and Thomas Greenwood, laborer, were put on trial. They were charged with being present, aiding, and assisting in the murder of the citizens who were killed on the fifth of March. The evidence for the prosecution tended to show that the prisoners,
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544 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF JACOB LEISLER FOR HIGH TREASON, NEW YORK CITY, 1691THE NARRATIVE AND TRIALJames II of England was very unpopular in the colonies of New York and New England, and a rebellion had broken out against the governor he had sent there. This unrest coincided with news of the successful invasion of England by the Prince of Orange and the accession of William to the throne. The rebels found a leader in Jacob Leisler, a New York merchant of standing and a zealous friend of the Protestant cause. Leisler had previously suffered imprisonment
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545 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JACOB LEISLERJacob Leisler published a declaration that "as soon as the bearer of orders from the Prince of Orange shall let us see his power, then without delay we do intend to obey, not the orders only, but also the bearer thereof."Massachusetts and Connecticut supported his measures, and his authority was soon generally acknowledged by the middle and lower classes. Nicholson, the lieutenant governor, fled to England, and Courtlandt, the mayor of New York, Colonel Bayard, and others of his council, "gentlemen of figure," unable to brook the ascendency of a man "mean in
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546 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:514 XY. AMERICAN STATE TRIALS.Jacob Leisler considered the commission as directed to himself and esteemed his authority to have received the royal sanction. By advice of the committee of safety, he now assumed the title of lieutenant governor. To add strength to his party, a convention was summoned of deputies from all the towns to which his influence extended, and various regulations were adopted for the temporary government of the province.Nicholas Bayard, a member of the Albany convention, was found in New York, arrested, and imprisoned for high misdemeanors and for certain libellous writings
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547 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JACOB LEISLERJacob Leisler was seized and thrown into prison, along with his son-in-law and several of his adherents. The prisoners were immediately brought to trial before a special court of oyer and terminer. Six of the inferior insurgents were convicted of high treason and subsequently reprieved. Leisler and Milborne denied the governor's power to institute a tribunal for judging his predecessor and vainly appealed to the king. The trials proceeded before a tribunal erected for the purpose of giving the sanctions of the law to the determinations of power.Joseph Dudley, the chief justice, had
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548 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:516 %. AMERICAN STATE TRIALS.THE EXECUTION.On May 16th, 1691, Leisler, along with his son-in-law, Milborne, was led to the gallows. After parting with his wife Alice and his numerous family, he met his death with fortitude, as befitted a Christian. Following praise to God, he expressed his awareness of his dying state and submitted himself before a just God with humility and hope. He avowed that, at the request of a committee chosen by the majority of the inhabitants of the province, he had taken upon himself, "to the great grief of relations to
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549 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JACOB LEISLER, 517Hoped they would act as such. Turning to Milborne, he exclaimed, "Why must you die? You have been but as a servant, doing my will; and, as I am a dying man, I declare before God and the world that what I have done was for King William and Queen Mary, the defense of the Protestant religion, and the good of the country." Having again professed his reliance on God, he signified his readiness to depart, and his sufferings were soon ended.The populace, overawed by the soldiers, were dreadfully agitated by this
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550 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF NICHOLAS BAYARD FOR HIGH TREASON, NEW YORK CITY, 1702THE NARRATIVEJacob Leisler fell victim to the malignant feelings engendered by political contentions in the Provinces in 1691. The passions excited in his adherents by his melancholy fate continued to distract the public councils and embitter the social intercourse of the inhabitants of the province for a long time. His son, Jacob, unmindful of his father's dying request made upon the gallows, could never forget or forgive his father's melancholy death. He lost no opportunity to vindicate his father's name and to cast
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551 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDIn the political landscape of New York, the aristocratic party, now in the minority, took measures to secure the new governor to their own interests. Nicholas Bayard, who had been long imprisoned by Leisler and was instrumental in his death, procured addresses to be signed to the king, the parliament, and to Cornbury. These addresses contained charges of bribery, public plunder, and oppression against the lieutenant governor, the chief justice, and the assembly. Additionally, reflections were liberally cast upon the memory of Lord Bellamont himself.Previously, Bayard had procured a law to be enacted
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552 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:520, AMERICAN STATE TRIALS.The objection was immediately overruled. A part of the jury insisted that they had a right to deliberate alone, whereupon the Solicitor General took down their names and threatened that he "would cause them to be trounced." The jury broke up in confusion without acting. The Solicitor General then complained to the court that four of the jury insisted that he should not be present at their deliberations, and the court ordered them to be forthwith discharged. Still, the jury hesitated to find a bill of indictment, and when they did
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553 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDTHE TRIALIn a Special Court of Oyer and Terminer, New York City, February 1702.Hon. William Atwood, Chief JusticeHon. Abraham De Peyster, JudgesHon. Robert WaltersJanuary 6, Lieutenant Governor John Nanfan and his council complained of libels against the government in the form of petitions circulated and signed by Colonel Nicholas Bayard and others. These petitions were addressed to the King of England, the Parliament, and Lord Cornbury, who had succeeded Lord Bellamont as Governor of these Colonies and who was now on his way here.Attorney General Broughton gave a written opinion that the petitions
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554 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:522 X, AMERICAN STATE TRIALS.Neither the address nor the petitions nor any matter therein contained is criminal and illegal, but nevertheless the Council issued its warrant for the arrest of Nicholas Bayard and John Hutchins under a recent statute. This statute provided that "whatsoever person or persons shall by any manner of way, or upon any pretense whatsoever, endeavor, by force of arms or otherwise, to disturb the peace, good and quiet of this, their majesty's government, as it is now established, shall be deemed and esteemed as rebels and traitors unto their majesties
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555 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDFor the service, Nicholas Bayard attended them with the proofs and insisted on being present with the grand jury. He demanded that no person should be sent for except those he named and that no questions should be asked of them except those he approved. On the other hand, John Corbitt, Caleb Cooper, John Cortland, and John d’Key insisted that the King’s counsel ought not to be present with them during their private debates. They maintained that they had the right to send for whatever persons and ask whatever questions they deemed necessary
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556 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:524 X. AMERICAN STATE TRIALS.The bill was presented, and the court took possession of it; it was now a record, and there was no averment against a record. It was ordered that the prisoner come to trial on the following Monday; the court adjourned accordingly until that day. March 2.Mr. Nichol moved that the indictment be quashed, as it was not found by twelve men. The Court overruled the motion and called on the prisoner, Nicholas Bayard, to plead.The indictment charged that Nicholas Bayard, by conspiracy as aforesaid, on the tenth day of December
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557 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDThe following individuals were present: Saunders, Jacob Cornelisse, Barent Kool, Goert Olpherts, Samuel Cornelius Clopper, Conrael Teneyck, and Jacobus Goelet.The prisoner then read a petition to the court, in which he set forth the injustice and irregularity of the proceedings against him. He stated that the indictment was not agreed upon by any twelve members of the grand jury, and he requested that all members of the grand jury be examined by the court on this point. He also insisted that, as a matter of justice to him, the grand jury ought to
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558 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:526X, AMERICAN STATE TRIALS.The document asserts that the inhabitants of New York were entitled to the privileges of Englishmen. It speaks concerning the late revolution here, of which I have but a confused idea, and can remember nothing particular. Afterwards, it speaks concerning my Lord Bellamont's administration, in several articles, of which I can remember but one, which is that the hottest and most ignorant of the people were put into places of trust. Then it speaks concerning the late assembly here, and tells you that after this assembly had chosen a speaker, some
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559 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARD527Initially, I thought the word was 'seum', but I now believe it was meant to convey that the 'hottests' and 'ignorantests' were put into positions of trust. "Mr. Clows, pray tell us, what was the reason you did not sign the other two addresses?" "I think I am not obliged to tell that at this time, as it does not affect the matter at all."The Chief Justice responded, "Yes, but it does; you must tell us. One of the chief reasons was because I then thought that the assembly's gift to the Lieutenant
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560 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:528X, AMERICAN STATE TRIALS.Some of them complained that the people lay under some hardships here.**The Solicitor General:** You declared much more before the council. I was then called suddenly before the council and was surprised.**John Bashford:** I was at the coffee house, where I saw the papers or addresses, but do not know what they were or contained; and I signed four or five papers there, but did not stay half a quarter of an hour. When I was there, I saw Colonel Bayard amongst many others in the room, but did not see
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561 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARD**John Buckley:** Coming home from the fort and passing by Mr. Hutchins' house, I was asked to walk in by Mr. Hutchins, which I did. I saw some papers there which were called addresses, but I did not read any of them except the one to my Lord Cornbury. As I understand, it was a compliment and congratulation to him upon his arrival here. Mr. Hutchins asked me to sign it, but I refused because, being a lieutenant in the garrison, I was unwilling to do any such thing before any of my
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562 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:530AMERICAN STATE TRIALSOthers at their request, having first put their marks, I and the others expected by this to be made free of the city. I believe that out of 160 men now belonging to the fort or thereabouts, there may be thirty that signed.One Bovell, coming to Capt. Hutchins, was shown some papers which were told to be addresses. I put my mark without being desired by anybody; I cannot write nor read. When I had set my mark, Mr. Hutchins told me that if any of my fellow soldiers would come and
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563 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARD**The Solicitor General:** I have now proved by the witnesses those false and scandalous libels set forth in the indictment, whereby the good, peace, and quiet of the government have been disturbed, which by this act of assembly is high treason. I have likewise proved that the soldiers were drawn in to sign those scandalous libels, and that some did sign blank rolls, which was listing of soldiers, and is treason. These words in the petition to the lieutenant governor and council, viz. "who we understand, by certain advice we have received from
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564 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:532 X. AMERICAN STATE TRIALS.By the course of the evidence, it appears there was an address to the king, an address to the House of Commons, an address to my Lord Cornbury, and a petition or address to the lieutenant governor and council. However, all the evidence is very lame and weak, particularly concerning the first three addresses. Even if we were to admit that making or signing them constitutes any fault or crime, more especially if it were to amount to treason, none of the evidence indicates that the prisoner signed these addresses.
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565 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDIt plainly appears to be the right of the subject to petition the House of Commons, or the King. The proviso in that act says, "that neither that act, nor anything therein contained, shall be construed to extend or hinder any person or persons, not exceeding the number of ten, to present any public or private grievance or complaint to any member of the House of Commons after his election, or to the king's majesty." By the act of recognition of William and Mary, declaring the rights and liberties of the subjects, and
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566 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:534 X, AMERICAN STATE TRIALS,Complaining is made treason! Here is a strange and fatal dilemma for the subjects of the plantations. They must either suffer their oppressions or be hanged for traitors if they complain.The act of assembly of this country cannot, by any natural or legal construction, be extended to make the prisoner culpable. It is plain by the whole purport of the act that it has made no new treason; it only recognizes the king and queen and enacts that those who shall do anything destructive to that establishment, by force of
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567 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDMr. Emot: By Your Honor's permission, I am counsel for Colonel Bayard, the prisoner at the bar. However, I am unwilling to take up too much of your time, as this trial has already been very long. Mr. Nicholl, who is also counsel on the same side, has, amongst other things, made it very evident that for the subjects to petition His Majesty is their ancient and indubitable right. Therefore, I shall make it my business only, as near as I can, to demonstrate to this court and jury that even if the
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568 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:536AMERICAN STATE TRIALS.Upon loan, without interest, several considerable sums of money were provided for the preservation of his majesty's interest and government in New York. Of these, upwards of 200 pounds in specie lent is still unpaid. I desire that the clerk of the council may be sworn.Mr. Jamison, who was then the clerk of the council, was addressed by Chief Justice Atwood. The Chief Justice stated, "Mr. Jamison has refused to purge himself of signing those addresses and is particeps criminis, for which reason he cannot be allowed to be an evidence."The Chief
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569 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARDNicholas Bayard was found guilty; he had the advantage of moving in arrest of judgment and might be relieved as to matters of law.Mr. Emot argued, "This is not fair, to give the jury a handle to find the prisoner guilty, in expectation of relief in arrest of judgment; for they are judges both of law and fact, as the case is now circumstanced. If they will enslave themselves and their posterity, and debar themselves of all access to their prince, they will be worse than negroes."The Chief Justice responded, "This is not
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570 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:538 X, AMERICAN STATE TRIALSThe prisoner made an urgent appeal in a letter addressed to De Peyster, one of his judges, in which he says:“Believe me, sir, as you may give credit to the words of a dying man, I die with a clear and good conscience, free of that horrid crime laid to my charge as the child yet unborn; and therefore hope God’s merciful hand, who has never left nor forsaken me, will continue to support me to the very last, and that I may look death in the face, as a
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571 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:NICHOLAS BAYARD"Have you anything to say why sentence should not be pronounced?"The Prisoner: "I have nothing more to offer than what my counsel have offered, and what is contained in my last petition."The Chief Justice: "I am sorry to find you so impenitent of your crime, which is so heinous and abominable in the sight of God and man. You have lately made reflections upon the proceedings of this court against you as if it had been a design to do the job, comparing your case to that of Naboth’s vineyard. But I hope
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572 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF ORRIN DE WOLF FOR THE MURDER OF WILLIAM STILES, WORCESTER, MASSACHUSETTS, 1845THE NARRATIVEWilliam Stiles, a deformed and feeble man, was married to a good-looking wife. He was lazy and given to intemperance. He had a small property which, on account of his habits, had been placed in the hands of trustees, and it would go to his wife at his death. She was not fond of him and told this more than once to a boarder named De Wolf. One night, Stiles proposed to the boarder that they should go for
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573 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF, 541June 10.Today began the trial of Orrin De Wolf. The first count of the indictment charged the prisoner with committing a felonious assault on William Stiles at Worcester on the fourteenth of January last, and producing the death of said Stiles by strangling him with a silk handkerchief. The second and third counts alleged that the cause of his death was a large quantity of a noxious ingredient, called first-proof gin, administered by the said De Wolf to the said Stiles.Mr. Wilkinson, District Attorney, stated that it would probably be shown
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574 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:542X. AMERICAN STATE TRIALS.Jury:Nathan Haskell, foreman; Holland Albes, Gilbert Bond, Joel Barnard, Zalmon Bellows, Salem Cobb, Charles Cutler, Franklin M. Farnum, Ephraim Fisher, Lincoln Fay, Wilcott Harwood, Emerson Johnson.Witnesses for the Commonwealth:Benjamin Baldwin:I reside in Worcester and tend the stable for Flagg & Dodd, hotel-keepers. Mr. Whipple's stable adjoins the hotel. I remember the death of William Stiles. De Wolf called me as I was coming from Flagg & Dodd's stable to the house and said he had Stiles drunk in his sleigh. He asked me to help get him upstairs in Whipple's stable
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575 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF543I entered a room to the left. This was a little after nine in the morning.Rodolphus C. Edwards was at Flagg & Dodd's tavern the night of Stiles' death. I saw De Wolf about half past ten in the bar room. He said there was a man at the barn who was drunk, and he wanted some salt and water to give him. De Wolf, myself, Nathaniel Watson, and a man from Boston went out together. We found Stiles lying on a cot bed. De Wolf went for Dr. Heywood, who arrived
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576 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:B44X. AMERICAN STATE TRIALS.I returned without finding him. I then told him to go for Mr. Gates, the sexton, as he would know what should be done. I noticed a little redness about the throat, but made no particular examination at that time. After the jury of inquest was summoned, I made a post-mortem examination in company with Dr. Green and my son. On the back of the neck, the blood had settled as is usual after death. In front of the neck, the red mark was very distinct. Whatever had been applied to
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577 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF545I did not particularly note Stiles’ appearance. De Wolf and myself carried him down, put him in a sleigh, and carried him home. De Wolf shaved him. After we had taken off the clothes, I observed for the first time the mark around the neck. When De Wolf came to my house, he said there was a man at the stable, dead—that he found him in the road by a sleigh, and Dr. Heywood said he was chilled through—he was intoxicated, and in the habit of getting intoxicated. While we were going
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578 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:546X. AMERICAN STATE TRIALS.He appeared to be slewed and cold; I asked if he knew where he had been that evening—he said no—if he knew where he got his liquor—he said he did not. He said he was acquainted with him and had boarded in his family. When he found him, he was the worse for liquor, and he got the hostler to help carry him up and laid him on the bunk. He then took a newspaper and sat down and read until he fell asleep. When he woke up, he went to
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579 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF547If he was, I didn’t think he would be hurt. After a while, he said he could tell me more about it if I would promise to say nothing about it. He asked if I thought he would be clear if he could tell who did murder him. I told him I could tell nothing about it without knowing what he could tell, but I should advise him not to say anything that would convict himself in any way whatsoever. I told him that if he was perfectly innocent and could bring
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580 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:548X, AMERICAN STATE TRIALS.He then said that there were others concerned in it, and others did it, but he was perfectly innocent. He said he hired another man to do it. I have frequently been into De Wolf's cell for the purpose of having conversation with him, at his request. I never told him that the best thing he could do would be to make a confession. The most I ever said to encourage him to confess was that if he was perfectly innocent, as he said he was, and if he knew who
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581 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF549"You had better make it to the sheriff," he said to me. I promised to see him in the afternoon. In the afternoon, I took him into the sitting room with Mr. Matthews, where his conversation was put to writing and signed by him, as well as by Mr. Matthews and myself as witnesses. I never gave him any encouragement to hope for escape or commutation of punishment; I told him he had no right to hope for anything but death. I told him that any confession he could make would do
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582 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:550AMERICAN STATE TRIALSTHE TESTIMONY FOR THE DEFENSE**Ruth Willard:** I was in Stiles' family for about a fortnight, six years ago last December. While there, Stiles was sent to Worcester one morning on business and was brought home at night apparently helpless. We got him into the room where his wife was, and at last she got him to bed and said if he went to sleep he would be fine. All at once, he jumped out of bed and went to the secretary and seized some razors. She took them away and got him
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583 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF551Dr. Orrin De Wolf testified that he could not conceive of a man strangled by a ligature without congestion of the lungs. He believed that if enough force were applied to prevent respiration, the effect would be to leave clotted blood in the heart. He stated that he would not be able to draw an opinion on the cause of Stiles' death from the medical testimony that had been given, as it did not satisfy him that death resulted from the pressure of a ligature around the neck. He noted that the
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584 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:552 ZX. AMERICAN STATE TRIALSIt is essential that the community understands the importance of the strict execution of laws, and no sympathy for the prisoner should be allowed to interfere with the administration of justice. If the notion spreads that a murderer may escape due to a lack of firmness on the part of jurors, it could encourage an assassin who is wavering in his purpose. Consequently, the jury that hesitates to return a verdict against the criminal becomes responsible for two deaths instead of one. It is the duty of the jury to
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585 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLFOrrin De Wolf was imprisoned due to the insinuations he repeatedly made about soon coming into possession of Stiles' property, the falsehoods by which he deceived the Doctor and coroner (for which the advice of others does not excuse him), and the results of the post-mortem examination. Every fact and circumstance in the evidence is consistent with the hypothesis of strangulation by the hands of De Wolf. Much stress has been laid on the imperfect character of the post-mortem examination. Was it really imperfect? Even had there been no such examination, the
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586 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:554 XY. AMERICAN STATE TRIALS.The responsibility imposed upon both the Court and the jury is immense. Nothing might reconcile us to such a responsibility, but the stern necessity of maintaining the supremacy and integrity of the laws. Unless we do that, we prove recreant to the solemn trust which society has reposed in us, and which the public good requires us faithfully to fulfill. The laws must be strictly carried into effect, while the rights of the accused are entitled to all the consideration which is guaranteed to them. You are selected, therefore, for
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587 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF. 555It is the duty of the Court to instruct the jury on all points relating to the law and evidence, and to determine what evidence is admissible. It then becomes the duty of the jury to apply that evidence in accordance with the principles of truth and justice. The question is, therefore, one of complicated law and fact.The prisoner at the bar, gentlemen, is charged with the willful murder of Wm. Stiles. In order for you to understand the nature of the offense, it is necessary that you understand that this
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588 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:556 X, AMERICAN STATE TRIALS.The central issues before us are whether a human life was destroyed and, if so, was it done by the hand of the prisoner? These two questions will therefore occupy your attention.If the destruction of human life is attained by human means, no matter how near the end, no matter what the circumstances may be, the victim is entitled to the hope of recovery, and his life is under the protection of the law. To take such a life is an act of homicide. Now, was the life of William
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589 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF, BTWhen a death has occurred from violence, a suitable and competent officer shall proceed to the spot for the purpose of investigating the cause and instituting such inquiries as may be proper. This is done in order that the facts may be properly stated, so that the public may be satisfied there was no crime or carelessness in the case, or if otherwise, that the crime may be charged upon its author. Such was the course pursued, and such was the mode of examination adopted in the present case. Now, what
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590 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:558 X, AMERICAN STATE TRIALS,The deceased was given to habits of intemperance, sometimes excessive. He had expended a part of his property under circumstances which induced the officers of the town to make an application for a guardianship over him. Instead of a guardianship, however, trustees were appointed to take charge of his remaining property. He could not, therefore, spend his property during his lifetime. Thus, he was situated in the summer and fall of 1844, and during the winter until his death, doing but little work and living generally in idleness and indulging
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591 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF, ESQ.In determining this point, you are to look at the motives, the time, and the circumstances.It is proper, therefore, to consider circumstantial evidence. It differs from positive evidence in that it does not profess to be direct proof. Instead, it connects one fact with another, and the inference drawn must be one that can be proven to be factual based on the connection of all the circumstances. It has been said that a case built on circumstantial evidence may be more compelling than one supported by positive evidence.One witness may testify
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592 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:560 X, AMERICAN STATE TRIALS.The confession may be received as very satisfactory. There is one other fact of importance in the case connected with this confession, one which may test its truth. Mr. Mathews testifies that after De Wolf had made this confession to him, he (Mathews) told him he did not believe his story but that he had thought of a way to test the truth of it, if he would consent to it. He (the prisoner) wanted to know what it was. Mathews told him he would have Stone arrested that evening
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593 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF. BelOrrin De Wolf's confession was witnessed by the sheriff and jailer and subsequently presented to the attorney. The defendant was informed that his confession would not benefit him as it did not provide evidence against others implicated in the statement. The prisoner further stated that the part of his confession relating to Mrs. Stiles was untrue. He admitted to the illicit intercourse and claimed that Stiles was a diseased and intemperate man whose wife wished him dead. De Wolf confessed that he had procured poison for Mrs. Stiles to administer to
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594 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:562 XY, AMERICAN STATE TRIALS.Otherwise, or that he should escape with a lighter punishment. But it must be considered in every part. If the facts stated or any part of them are inconsistent with the other evidence, then these may be excluded. Gentlemen, what are the facts in corroboration? In answering this question, you will consider the previous intimacy of the defendant with the wife of the deceased; the testimony showing illicit intercourse between them, the complaints frequently made by Stiles respecting the intimacy and intercourse, and the frequently expressed expectations of De Wolf
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595 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF. 568The defense argues that there was no time when this offense could have been committed. When witnesses speak of a few minutes, their testimony does not admit of very great accuracy. If the prisoner committed this crime, he would have done it under circumstances that would be the least likely to subject him to suspicion.According to his confession, he could not have done it at any other place than at the stable. One of the witnesses has stated that a much lesser degree of force would produce death while in a
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596 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:564 X. AMERICAN STATE TRIALS.To induce the wife of Stiles to screen herself, or to escape, is a strong point. With these views, you will take this important case and, after a careful investigation, render such a verdict as it requires. It is important that the laws should be administered according to the principles of Justice and Truth, so that the guilty may not escape, and the innocent shall not suffer. If the law accomplishes that, it is a perfect law. You will, therefore, carefully consider the evidence which has been laid before you
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597 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ORRIN DE WOLF. 565Someone told him that Stiles wished him to go and see his wife, and he visited her. After some days, as she did not get better, he said, "If she does not get well by the first of January, I should leave her; or I would kill you if I had to wallow to my knees in blood." I said to him that I told his wife that I was diseased; he said that he did not know anything about it. Things continued in this manner until Monday night before Stiles'
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598 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:566 X, AMERICAN STATE TRIALS.I knew the man, but I told others that I found him in the street. Accompanied by the sexton, I carried Stiles home. His wife asked me if I had killed him. I said, "No." She replied that she was glad I had not killed him, and that she would rather he be brought home in this condition than brought home drunk.The next morning, he came into the barn. I asked him how he had killed Stiles. He said that he had put his hand into his handkerchief on the
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599 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF ALEXANDER WHISTELO FOR BASTARDY, NEW YORK CITY, 1808THE NARRATIVEIn New York City, a dissolute woman charged a negro coachman with being the father of her child, which he denied. When the infant was produced, it proved to be white. The question that the Court had to decide was whether such a thing could be possible. Dr. Mitchill, the great expert of the day, thought the thing quite possible. Although he fortified his opinion with much learning and much authority from history, both sacred and profane, the Court decided that the woman's
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600 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:568 &X. AMERICAN STATE TRIALS.August 19,A complaint had been made on June 9th to the Commissioners of the Alms House and Overseers of the Poor of New York City, stating that they were charged with the support of a certain bastard child of one Lucy Williams, and that one Alexander Whistelo, a negro, was the reputed father of the said child. The negro appeared before the Magistrates on June 10th and pleaded not guilty to the charge. After hearing witnesses, the Magistrates disagreed, and the case was brought to this Court for decision.Mr. Vanhook
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601 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO, 569In the case of Alexander Whistelo, it was argued that to contradict a positive oath should be received with many grains of caution—the more so, as those opinions would probably be opposed by others of very great authority. However, it was thought that unless the woman could be otherwise discredited, such opinions, opposed to positive testimony, were of little weight and ought to fall to the ground.THE EVIDENCE**Lucy Williams:** I know Alexander Whistelo. Two years ago this August, I first saw him. He then told me he was a married man, divorced
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602 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:570X. AMERICAN STATE TRIALS.Dr. Hosack: From the appearance of the father, the mother, and the child, and the laws of nature which I have uniformly observed in such cases, I certainly would not take it for the child of a black man; I would say it was that of a white one, or at most of a very fair mulatto.Mr. Vanhook: Has it not some of the features of a negro? If its features, in my judgment, were those of a negro, I should not have given the opinion I did. Dr. Hosack, might
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603 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO571The black man, Whistelo, took the child, but at the same time said it was not his.**Dr. De Witt:** Have no doubt it is the child of a white man.**Adam Ray (a black):** Knew of Whistelo having taken the child to board, and of the mother having it carried away; asked her reasons for taking it back, and her answer was that since he would not own the child at first, he should not have it now, for it was not his.**Nancy Cook:** Lived with the witness six weeks; cannot say as to
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604 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:572X. AMERICAN STATE TRIALS.There are three distinct effects that can be observed when a constitutional change manifests itself in the skin of a black, white, or other variety of color. First, when the cause or agency manifests its power by frizzling or curling the hair or feathers, this is termed crispation. Second, when the same constitutional change shows itself by a loss of hair or plumage so as to leave a naked skin, it is called peeling. Of these three effects, the last occurs but seldom; the second pretty often; and the first is
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605 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO573I take this to be an exception; for if I have no knowledge of any matters which go positively to contradict the woman's testimony, I should naturally lean towards it. Do you consider this case as having any affinity with what is called albinism? I have not much experience on the subject of albinos, as my residence has been chiefly in New York, where such accidents rarely occur. But I have known instances of negroes turning white where there was no symptom of disease or sickness.Mr. Morton: Have the goodness, doctor, to relate
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606 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:574 X. AMERICAN STATE TRIALS**Mr. Sampson:** Was there not some other case which you mentioned before the police office?I mentioned somewhat jocularly the loves of Theagines and Chariclea. Chariclea was a beautiful and fair virgin, of Ethiopian parents. Her whiteness was occasioned by her looking at a statue of Venus.**The Mayor:** About what time, doctor, might that have happened?The work is written by a Christian bishop, Heliodorus, who wrote about the fourth century. It was the first novel I ever read, and it made a great impression on me.**Mr. Sampson:** As to those cases
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607 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO575Alexander Whistelo followed the profession of an attorney, or a scrivener, who had a very amorous wife. However, he did not have the leisure to attend to all her gaieties. Once, unable to free himself from her importunities in any other way, he upset his ink bottle into her shoes while toying with her. She subsequently bore him a black child. He reproached her, but she reminded him of the ink bottle and his awkwardness. There is also the story told by Malebranche of the woman who saw a man broken on the
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608 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:576X. AMERICAN STATE TRIALS.Direct and cross-examination meant only an indirect examination. The ignorant, who take things in the wrong sense, often show ill-humor and put themselves in an attitude to be cross, because they are to be cross-examined. With the candid and enlightened, it proves often an agreeable mode of discussion, and is particularly so to our profession, when it gives us occasion to extract from those of superior learning, knowledge, which we might not otherwise have the means of acquiring.Mr. Sampson: What do you think, doctor, of the opinions of Plato, touching the
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609 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELOB77The other side will not fail to avail himself of your opinions to the utmost extent, perhaps beyond your intention. I wish, therefore, by taking your opinion touching the probability of other facts, to find what degree of belief you attach to the present, and by establishing a standard of faith, fix a boundary line between us; and also to discover, if possible, how much light learned opinions may throw upon this cause.Dr. Mitch: Some years ago there was a machine invented, called a light gauge or photometer, which was to measure the
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610 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:578X. AMERICAN STATE TRIALS.Some children will be witty. Some do have a great deal of wit, but I don’t know how they come by it. Do you think, doctor, as the counsel on the other side does, that a pistol is an instrument of much efficacy in generation? On the contrary, sir, a pistol is generally used to take away life. There is what is called the cannon de la vie. Do you mean that? Of what color may that be, doctor? It may be black or white. Which of the two would be
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611 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO579There is a general rule; for instance, wherever the complexion partakes more of the white than from the known parentage, it should be expected, then it would be found that in some other of those indications there will be a preponderance the other way. One example out of many I had noticed was the French general, Rigand. He was the son of a white man, a relation of mine, by a black woman. He was so dark as to differ little from the true African complexion; but in return for that, he had
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612 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:580 X. AMERICAN STATE TRIALS.The white man, because of the matter, I have found the old fighting; it would be good to see practice good enough for me, whether the pistol-barrel could end. Have I made no experiments? Have I got it? Then, sir, you must inquire elsewhere touching that in the way you allude to.THE SPEECHES TO THE JURY.Mr. Morton addressed the Court, premising that it was his intention to be very brief and to confine himself entirely to the positive testimony and the inferences of law which it furnished, and leave to
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613 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO - 581It has been only one month from the time she swears to his having gotten her with child. All the physicians agree that the symptom of pregnancy does not take place in less than three months, and that it is more commonly four. She has also positively contradicted upon one examination under oath what she positively swore upon another. At the police office, she said she had no connection with the white man—before this Court, she has acknowledged that she had.There is at least as much reason to charge the white
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614 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:582 X, AMERICAN STATE TRIALS.Enough evidence has been presented to discredit her. What she said at the police station is of little importance, being easily reconcilable with what she has sworn here. She said she had no connection with a white man, meaning no such connection as could produce a child; and she admitted before the same magistrates, on the same occasion, that she had a struggle with one, and that he tore her petticoat. If she did not say the whole of this when under oath, at the time her depositions were written
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615 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 583Lastly, the woman's testimony serves to support the supposition that the influence of fear or surprise, and the sudden appearance of the white man armed with a pistol, combined with the ensuing struggle and the irritation it produced, all contributed to the change that occurred.Although she is an unfortunate woman and the mother of an illegitimate child, let me reiterate that her evidence is meritorious here. It helps to relieve the community from the burden of supporting a bastard and justly assigns the responsibility of maintenance to the man who begot it.
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616 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:584 X. AMERICAN STATE TRIALS,The first wonder is that the child, though black, is not of the color of the mother, nor yet of the African—but strange to tell, of the most degenerate white.The second wonder is that the greatest of these wonders, she remained, as the counsel for the Almshouse charitably testifies, a lady of virtue and unblemished credit!I had heard of a sect that trusted more to faith than to good works. The counsel, it appears, is of that sect when he asks this honorable Court to put its hand and seal
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617 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO, 585Some prefer the darkness rather than the light, though we do not know why.It is said that her evidence was meritorious and beneficial to the community, charitable, and advantageous to the Almshouse. I have never before heard of such pious and patriotic fornication.If she was inclined to perjure herself, would she not have attributed the child to the richest father as well as to the fairest?Perhaps not. Perhaps she wished to establish a partnership according to the custom of merchants, long used and approved within this city, to make one a sleeping
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618 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:586 X, AMERICAN STATE TRIALS,If it would be any satisfaction to him, we will retract that saying. We will admit that there was first and second fiddle and bass accompaniment. But as he is himself the leader of the band, he ought not to complain of the effect.After breaking a lance upon my colleague in the honor of this daughter of Eve, he attacks the doctors en masse. "What do they know," he says, "more than other men?" But that is not all; he goes farther and levels a shaft at your Honors on
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619 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 587Sport is a quit rent which the learned owe to us small wits; it is an indemnity for the shade they cast upon us, and we seize upon it by the title of amends. I do very much respect the witness and admire his learning and his candor; but when I think of the odd excursion we have made to discover the parentage of this child of nature, I must either laugh or die of it.If a witness was wanted with a mind well stored with facts, he stands unequalled. His is
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620 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:588 X. AMERICAN STATE TRIALS.We passed on to Aristotle; but with all his form and substance, his matter and motion, his cause and effect, he could not inform us how, without violating probability, the black man could get the white child. Therefore, as we gained no light, we had no need of any photometer to measure how much. Fearing to trust myself longer in the dark, I passed on to the next topic, recollecting an old maxim:*Desperas tractata nitescere posse relinquas.*But I had the consolation to think that for all that had yet passed
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621 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 589It is suggested that the Calipoedia, or the art of begetting beautiful children, as well as the art of procreating males or females, may be taught by affecting the imagination of the male parent. The theory posits that the delicate extremities of the seminal glands irritate the organs of sense, either of sight or of touch. The art is recommended very seriously to those who are interested in the procreation of male and female children. It is observed that the phalli, which were hung around the necks of Roman ladies or worn
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622 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:590 X. AMERICAN STATE TRIALS.Who made it black, and not rather be taken to be his who made it white? Even upon legal principles, such an act of ownership exercised by a man over the child of another, as bleaching him without authority, entitles him, whose child was so bleached against his consent, to abandon altogether to the wrongdoer, and to throw the child upon his hands. Certainly, if such a principle be established, as that white men can father their children upon negro fathers, it will very much advance industry, and encourage many
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623 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 591As for whether it was a dancing master, I would not undertake to say: it was, however, a merry-begotten devil, and probably a dancing one; and it is not impossible that it might have been one of those that tempted Saint Anthony. It is said that twenty thousand of these devils could dance a saraband upon the point of a cambric needle without incommoding each other.That the learned sometimes account for things quite differently from the rest of mankind will appear from the sequel of the story of the lady of Milan
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624 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:592 X, AMERICAN STATE TRIALS.According to Censorinus, supported by the single argument of an egg, the ancients argued that no egg could be produced without a bird, and no bird without an egg. As it could never be shown which was first formed, it followed that the world had no beginning. We might have shown, upon the authority of Aristophanes, how the world was produced by divine love, and divine love from the egg of night, hatched by chaos. If we had been prepared to go into eternity, there would have been a range!
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625 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 593Doctor Mitchill observed a full-grown man in the very act of metamorphosis, a sight that one would think could not be influenced at that stage by any affection of his mother to change his color. This fact remains to be accounted for on some newer principle. I once knew a Mr. Perey, a composer and singing master who taught in my family. In the fullness of his heart, he confessed one day that he had been credulous enough to throw away a guinea per visit for several months to a quack who
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626 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:594 2%, AMERICAN STATE TRIALS.Harlequins playing about! But for the ignorance of our fathers, we might have been burnished like game cocks, and had wives like birds of paradise, and daughters like cockatoos. Now and then, those that love curiosities might have a little monster, and for those who think two heads better than one, it would be quite easy to frighten the mother out of a child with two heads.Let not the learned witness complain that we treat his opinions lightly; the greatest philosophers in the universe have been thought, upon some particular
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627 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO, 595A Prussian soldier was detected taking certain jewels and corporal ornaments from the image of the Virgin Mary, and boldly asserted that she gave them to him. The case was novel, and a counsel of prelates and other learned men was convened, who, not averse to miracles, adjudged the thing possible. Frederick the Great understood the trap and suffered the soldier to be discharged; but the next day it was proclaimed that on pain of death, none should thereafter take advantage of the generosity of the Virgin Mary. Now let it be
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628 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:596 X. AMERICAN STATE TRIALS.She was with a black man in a bad house, and he worried her out and had a connection with her. Very good. Shortly afterwards, she scuffled, or fought, as she termed it, with a white man, and knocked off his hat, but he afterwards came to bed with his hat, and had a connection with her. Did you cry out? No, sir. What then did you do? I bade him be quiet! Well! Where is the difference, except in this, that the white man had no hat upon his
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629 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO. 597In etiquette—but not in reality. "Montague's men are always thrust from the wall, and their women to the wall." Can we believe that the white watch made the black watch turn out, merely for the sake of a warm hammock? If that be so, I can only say, "delicate pleasures to susceptible minds!"But that is not the argument. The woman herself says that there were no young ones that time, because they fought all the time. If they fought, what more is wanted? One of the counsel asked whether many races of
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630 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:598. AMERICAN STATE TRIALS.There remains but one topic of the evidence to discuss. Cases have been related and assented to by Doctor Mitchill, that where there has been a rapid succession of intercourse between a white and a black man, twins have been born, each resembling the respective incumbent to whom he owes his origin. Upon this ground, we are at length enabled to make a proposition which will meet the justice of the case, and of course, the approbation of the Court. It appears here that there has been a rapid succession of
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631 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ALEXANDER WHISTELO, 599Several medical experts have been called to give their opinions, and they almost unanimously declare that the defendant is not the father of the child, as it would be a deviation from the course of nature. Doctor Pascalis has fortified his opinion with some very able remarks; and Sir James Jay, a physician of great respectability and of the longest standing in the city, has given a decided opinion to the same effect. He has particularly indicated the want of crisped hair as a conclusive circumstance against the testimony of the woman.
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632 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:600 X. AMERICAN STATE TRIALS.We can, therefore, even upon her own testimony, be justified in dismissing the present complaint. Accordingly, we order that the application to charge the defendant as the father of the illegitimate child be overruled, and that he be discharged from his recognizance.---
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633 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF ROBERT MCCONAGHY FOR THE MURDER OF ROSANNA BROWN AND HER FIVE CHILDREN: JOHN, ELIZABETH, GEORGE, JACOB, AND DAVID, HUNTINGDON, PENNSYLVANIA, 1840.THE NARRATIVEWhen Farmer John Brown of Cromwell Township, Huntingdon County, Pennsylvania, left home to do a week's plowing some distance away, he said goodbye to his wife, Rosanna, and his five children. All the family lived with him except two married daughters, one of whom was the wife of Robert McConaghy. On Saturday afternoon, when he returned, he was surprised to see the handle of the front door missing. Looking towards
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634 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:602 X. AMERICAN STATE TRIALS.The boys were gunning in the woods and coaxed him to go with them. As he walked from the house in front of him, he shot him in the back. He returned and told little Elizabeth (17) to come with him and gather some strawberries. When they got down to the field, he stunned her with a stone and then strangled her. He went back to the farm and watched for the wife, Rosanna, who was making bread in the kitchen, to come to the door. When she did, he
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635 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY, 608John, Elizabeth, George, Jacob, and David Brown had pleaded not guilty. Alexander Gwin and George Taylor represented the Commonwealth.Robert McConaghy brought his family to America and settled in Montgomery County, Pennsylvania, in 1793. He studied law and began practicing in 1804. In March 1804, he moved to Bellefonte, Pennsylvania, and was admitted as an attorney at Huntingdon, Pennsylvania, at the April term of 1804. He served as a member of the State Senate from 1811 to 1812 and was elected to the 14th Congress, serving from March 4, 1815, to April 1818,
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636 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:604 X. AMERICAN STATE TRIALSWealth. Andrew P. Wilson, James M. Bell, and S. Calvin, for the Prisoner.The indictment in the first and second counts charges the prisoner with the murder of Rosanna Brown. In the first count, the charge is by a mortal wound given with the barrel of a gun over the right eye in the forepart of the head. The second count charges the murder by cutting her throat with a knife. The third count charges the prisoner with the murder of Rosanna Brown by a mortal wound given with the barrel
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637 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGRY, 605The prisoner is charged with the murder of John Brown with a rifle; the bullet entering the right side of the breast and penetrating through the breast. The fourth and fifth counts charge the prisoner with the murder of Elizabeth Brown; the fourth count by giving her a mortal wound with a stone as described, on the back part of the head; the fifth by giving her a mortal wound with a stone on the forepart of the head. The sixth count charges the prisoner with the murder of George Brown by
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638 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:606X. AMERICAN STATE TRIALS.I came and saw the blaze coming out of the mow of the barn. I looked in that place to see but could see nothing. Then the other shot came. I made a step down and then saw his face between the logs. I said, "You damned infernal rascal, what are you doing there?" I saw him from his breast to the top of his head as I started to run towards the barn. I saw him run towards the mow hole and stoop down. That was the last that I
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639 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY607I had come together and saw the man in the mow from his breast to the top of his head. He had darkish clothes on, a clean shirt, and black hair. He had no hat on. To all appearances, it was Robert McConaghy. I saw his face; it was plain to me, and I knew him. I do not mind what I told Taylor. He asked me if I saw the man; I said I did. He asked me if I knew him; I told him I did and that it was Robert
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640 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:608X, AMERICAN STATE TRIALS.Brown said he did not know what injury he had done to the folks that they should kill off his family in that way. About ten or fifteen minutes before Brown came to alarm us, I heard two shots go off. Brown said the man had a dark waistcoat and shirt sleeves rolled up above the elbows, and black hair.**Cross-examined:** I should think it was near 5 o'clock when Brown came to us. He told me he found John under the bed. I saw no marks of anything being dragged on
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641 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY609The first wound I examined was close beneath the skull; it presented about the same appearance as Elizabeth's. If anything, the worms in her wounds were slightly larger, which might have been caused by her hair creating more heat. The wound was larger in the front part of the head; I could insert two or three fingers into it. It would have caused instant death.The next was John; his wound was through the body. I think it entered near the spine and came out in his right breast, passing through the right lobe
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642 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:610 X. AMERICAN STATE TRIALS.George Quary: I arrived at Brown's on Saturday between 11 and 12 o'clock. I then went to Mr. McConaghy's house, which was shut up. I continued on, and after I had gone about 600 yards, I heard the crack of a gun down near Brown's house. I made a kind of stop and looked, but could see nothing. I thought Brown's sons were out in the field and had their guns with them. I saw none of Brown's children when I was there; I saw no one but the old
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643 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGEYBrown would kill or shoot him. I then asked him if he and Brown had had any serious quarrel lately. He first said they had, but afterwards he said it was two or three years since they had some pretty bad words. Brown’s horses had gotten into the corn, and he was running after them, and had gotten very angry. He came to the house and told Brown that if he had a gun, he would shoot the horses. Brown told him that he had better take care; that if he shot the
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644 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:612X. AMERICAN STATE TRIALS.I saw the way he was tied; I slackened the rope a little on his arms. I asked Lightner if he thought that was a bullet mark in Brown's cheek; he said it was. He said if he had done it himself, his face would have been powder burnt. I went to the house to see Brown and asked him to let me look at his cheek. Then he commenced telling me when he left the furnace; he did not know who it was. It was a smallish man in his
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645 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY, 613The law states, "If any person be found guilty of murder, the jury must ascertain in their verdict whether it be murder of the first or second degree."The indictment, in the first and second counts, charges the prisoner with the murder of Rosanna Brown. The first count specifies that she was killed by a mortal wound inflicted with the barrel of a gun over the right eye, in the forepart of the head. The second count alleges that her throat was cut with a knife.The third count charges the prisoner with the
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646 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:614 X. AMERICAN STATE TRIALS.He could not say whether there were two balls in the gun—the hole was larger behind than in front—but he stated that it was immaterial, as such a wound would produce instant death.He believed that these two were the first to be killed, as fermentation had commenced in the wounds, and worms had formed.The next victim was John. He found a wound through the right breast. He initially thought the ball had entered the breast; however, upon further examination, he concluded that it had entered near the spine and exited
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647 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY, 615There is no doubt that the crime was committed "wilfully, deliberately, and premeditatedly," as stated in the indictment. The consensus is unanimous. The crime, in its wickedness and atrocity, is unparalleled in this or any other civilized country.The only question that remains is whether the evidence convinces you that the prisoner committed the acts he is charged with. If this inquiry is answered affirmatively, there can be only one outcome.The evidence presented is presumptive. Direct and positive evidence is not always obtainable. The law allows for circumstantial or probable evidence. Presumptive proof
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648 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:616 X, AMERICAN STATE TRIALS.The defendant testified that he traveled in company with Fisher and saw and spoke to several persons on the road, reaching his own dwelling around 5 o'clock in the evening. So far, his testimony is supported and stands uncontradicted. He swears, "I stepped up and took hold of the handle of the door; found the handle not there; looked towards Robert McConaghy's, and looked round, passed the barn at the rye-fields; straightened myself up; there was a shot; I saw the blaze out of the mow of the barn; I
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649 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY. 617Robert McConaghy left his wound undressed. Many men were questioning whether he knew who shot at him. To some, he answered "no," while to others, he stated that the prisoner was the man who shot at him, and he knew him. That he did, situated as he was, declare on Sunday that he did not know who shot at him, and that he so declared at some other times, seems to be true. We agree this militates against his evidence. Yet, we think great allowance may be made by the jury to
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650 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:618 X. AMERICAN STATE TRIALS."It was not." After this, he accounts for himself by stating that he was in the woods sitting on a log, on Clear Ridge. When it remains necessary for a man to account for where he was the day before, if he gives different relations of what he was doing and where he was, it is a circumstance against him. You have heard how he seduced John to return to his father's on Saturday. You have heard the circumstances of the tracks and the boots—the alleged blood on his hands—his
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651 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHY, 619Even if a human being (of which the court and jury have knowledge) is clear of suspicion, it still lies with the Commonwealth to satisfy the jury by the evidence that the prisoner is guilty. If that has been done, it is the duty of the jury to pronounce according to the evidence. If, on the whole case, they cannot come to that conclusion, but doubt, rationally doubt—their minds vacillating—it will operate in favor of the prisoner.THE VERDICT AND SENTENCEThe jury, after a short delay, returned a verdict of guilty.Judge Burnes: Robert
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652 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:620 X. AMERICAN STATE TRIALS.You followed the child—seized and choked him until life was extinct. You returned to the house. There, your aged mother-in-law was engaged in baking, and you struck her senseless, and then cut her throat. You covered her up in bed. Then, with your rifles, you returned to the mow of the barn to await the arrival of John; and, on reaching his father's dwelling, you killed him, as before described. You dragged him under his mother's bed, washed up the floor, then returned to your hiding place in the barn
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653 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHYOn Friday, November 16, 1840, you will be hanged by the neck until you are dead—dead—dead. And may God have mercy upon your soul!THE EXECUTION AND CONFESSIONThough repeatedly urged by the clergymen who attended him during the trial to confess his guilt, Robert McConaghy continually refused, entertaining the belief that if he did not confess, he would escape being hanged. He persisted in his refusal until the very last moment. He was brought forth to the place of execution, and although he shuddered at the sight of the scaffold and death, he turned
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654 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:622 X, AMERICAN STATE TRIALS.I was waiting for the old woman to come out. She came near the door, and I shot at her and hit her in the arm—and she ran about the house holding her arm. I then ran to the house and asked her if she knew who did it. She said she did not know. I told her to go into the room and go to bed. I said this for fear she would faint. I then brought her a drink of water. God bless her! But I have pitied
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655 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:ROBERT McCONAGHYI changed and hid them; the money, shot-pouch, and the tin, I hid on the north side of Jack's Mountain, half or three-quarters of a mile from the path on the left-hand side, about halfway down the mountain. I put the things under an old log, near a deadened piece of woods; the money I put above the log and covered it with a piece of bark.Going over, I did not take the path but went through the woods. After I had hidden the things and the money, I came out right above
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656 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF W. J. COOK FOR BLACKMAIL, ATLANTA, GEORGIA, 1918THE NARRATIVEAsa G. Candler, Mayor of the City of Atlanta, Georgia, a man of substantial wealth and a noted philanthropist, was approached one day in the summer of 1917 by two women seeking a license to raffle an automobile for the benefit of the Red Cross. One of the women, whom he had met before, introduced the other as Mrs. Hirsch. Some time later, at a luncheon hosted by the Rotary Club for General Swift and his staff, Mayor Candler encountered Mrs. Hirsch again.
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657 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK. 625A month after receiving another official favor, a woman met Mayor Candler on the street and made an appointment with him to receive her the following Monday regarding a complaint she had made against an officer of the Humane Society. At three in the afternoon, she entered the office, complained of the heat, took off her hat and coat, and sat down in a chair near the Mayor. Very soon, she jumped up and said there was a man at the window. The Mayor suggested it was probably a window-washer, but
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658 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:626 X. AMERICAN STATE TRIALS.Mr. Adair, representing Mr. Candler, contacted Cook by phone and invited him to his office. Cook revealed that he was a close friend of Mr. Hirsch and had recently discovered shocking information about Hirsch's wife. He described Candler as an old hypocrite and insisted that he would only discuss the matter directly with Candler. Consequently, a meeting was arranged for the following day in Mr. Adair's office.During the meeting, Cook informed the Mayor that he had been suspicious of Mrs. Hirsch and had been watching her. He claimed to have
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659 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK, 627The charge of immoral conduct made by Cook and Mrs. Hirsch was absolutely denied. Mr. Adair followed, detailing the conspirators' demands as they were presented to him as the representative of Mr. Candler. Two nurses from a hospital where Mrs. Hirsch had been a patient for several weeks testified that Cook visited her nearly every day. Additionally, the proprietor of a cafe and one of his waiters testified that the couple visited the cafe together on several occasions, staying for several hours and choosing a part of the room where they
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660 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:628 X. AMERICAN STATE TRIALS.The jury very promptly returned a verdict of guilty on all the counts of the indictment, and the male blackmailer was sentenced by the judge to pay a fine of $1,000 and to work at hard labor on the public roads of the county for a term of twelve months.THE TRIALIn the Superior Court of Fulton County, Atlanta, Georgia, February 1918.Hon. Benjamin H. Hill, Judge.February 27.An indictment had been previously returned by the Grand Jury against W. J. Cook and Mrs. Herman H. Hirsch for blackmail. It contained three counts:
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661 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK. 629Mr. Bedgood moved for a change of venue on the grounds of the unusual calling of a special session of the Grand Jury to indict the defendants when said jury had adjourned. He also argued that the public mind had been prejudiced by sensational headlines in the evening papers on the day of the indictment. Additionally, he cited the reputation, character, influence, and standing of the mayor of the city, where nine-tenths of the population of Fulton County resides, and the great financial standing of Asa G. Candler, rendering it unlikely
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662 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:630XII. AMERICAN STATE TRIALS.I received a request to conduct a raffle for the benefit of the Red Cross. I had been informed that it would be against the law, and they wanted authority from me to proceed with it. I told them to go ahead, as I believed they would not be interfered with. Later, I saw Mrs. Hirsch at a luncheon given by the Rotary Club for General Swift and his staff. The ladies were selling tickets to the members for the raffle, and there was a photograph taken in which General Swift,
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663 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK.631I had been trapped. I ran to his office on the floor below and ran back with him; I was gone probably a minute. When I got back, Cook was gone; Mrs. Hirsch was in my office crying. I left her crying; she began to cry before I left. When my son and I got back, I don't recollect what she said except in answer to my question, "Who was that?" She said, "That is Mr. Cook," that she had seen him at his mother's and sister's. "I visit at their home,
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664 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:632X. AMERICAN STATE TRIALS.On the next Wednesday, the 13th, he walked up to the Mayor's desk. I said, "What do you want?" He replied, "You are trifling with me. I have given you reasonable time, now I will give you until Friday. If this thing has not been done, I will expose you and the whole of it,"—the thing of getting Mrs. Hirsch out of town. I said, "That is not an easy job, separating a man from his wife." He said, "I will take the blame," and I told him to go. I
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665 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK. 638There were two windows to that room. The transom was not closed over my door. There are shades to the windows, but they were up. She was not in my office for more than ten minutes; she did not take any liberties with her. I suppose I shook her hand when she came in, receiving her cordially. I did not embrace her or take any liberties at all with her, nor get her on a lounge; I was not having intercourse with her when Cook came in, and she was not
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666 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:634X. AMERICAN STATE TRIALSIn Mrs. Hirsch's office, she went down to her husband's office and upon reaching it, she found a note. This is the note she gave me. (The note is dated February 6, 18__: "H. H. Call me at Ivy 164, before you go home this P.M. without fail. Cook.") She said her husband had gone to Rome that morning and would return about seven, and if he got that note, he would probably kill her and then go after Mr. Candler to kill him, or else would sue her for divorce.
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667 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK.635He had changed his mind, and he had decided he would not come to my office. I said, "Let us not talk it over the telephone; suppose you leave your office and meet me on the Whitehall Street viaduct in a few minutes." He said, "All right." I left my office, and we walked out on the sidewalk. He said, "I will arrange a place to meet him. I don't want to talk to him in your office or his office. I will talk to him in the place I suggest." I
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668 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:636X. AMERICAN STATE TRIALS.She thought she ought to have a sum of money or securities, bonds, that would yield her at least $3,000.00 a year. She explained she had an engagement to go that afternoon to a card party with a lady who had been a very dear friend of hers, and that she would come back to the office afterward. That broke off the conversation. She claimed Cook came upon her and Mr. Candler in a compromising position. I asked her what it meant, if Cook had merely interrupted them in the office
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669 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK637W. J. Cook was very upset and nervous over the matter; it had distressed him greatly. He said he himself had been a very bad man; that he had committed every crime except murder; that he had left his home and father when he was 12 years of age.**Mr. Cooper:** I object to this. We wish to register an objection to this testimony on the ground that they cannot put in a separate and distinct offense against the defendant other than the one on trial.**The Court:** It is not a separate and
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670 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:638X. AMERICAN STATE TRIALS.He said, "I told you on Saturday that I had committed every crime except murder. I kept a woman when I was fifteen years old, working in the Southern shops." He continued, "Before I was twenty, I was arrested in bed one night; a fellow came in and caught me with his wife, and I was arrested for rape and taken to the station house. I got out of it by being able to prove that the fellow was never married to her; he was keeping her himself. I got into
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671 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. Cook, 639, made the claim, but that Mr. Candler was a good man, and she felt very strongly and affectionately for him. She admired Mr. Candler and said she had thought a good deal about Mr. Candler's great work. She had always had a great desire to do charitable and philanthropic work herself, but she had never had the means or the money to do it. It had always been her ambition to be in a position where she could not only have the personal touch with the people with whom she
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672 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:640X. AMERICAN STATE TRIALS.The Court: Register your objection, and register the fact that it is overruled.Cross-examined: I am in the real estate business, and the firm of Forrest and George Adair does a great deal of business for Mr. Candler. Mr. Candler has been a friend of my family for a great many years; for the past several years, we have done a great deal of business for him and with him. I don't think there is a man in the State of Georgia in whom I would take a greater interest or for
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673 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK641I stated to Mr. Candler in his office before he turned the matter over to me that it was a blackmail scheme. I did not jump at the conclusion that they were guilty of blackmail; I arrived at the conclusion it was blackmail before it was turned over to me, and I have been of that opinion ever since. I did not jump at the conclusion after it was turned over to me; I knew about the case before it was turned over to me. I did not see the woman in
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674 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:642X. AMERICAN STATE TRIALS.When she returned from the card party, money was discussed. She stated that if she left her husband and town, she would need a sum of money or securities or bonds that would yield three thousand dollars per annum.After the conference was over, I told her we would take it under advisement and see her further.As to the question of whether we led her to believe on that occasion that we would give her money if she left town, I don't think we led her to believe it, Mr. Cooper. However,
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675 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W.D.COOK. 643On that occasion, the purpose of the meeting was that I was trying to get Mr. Cook to recede from his demand that he had made of Mr. Candler, that Mrs. Hirsch be forced to quit her husband and leave town. That would have hushed it up and saved Mr. Candler, my friend. That is your question; that would have hushed it up.The next conference I had with Mr. Cook was on the following Monday morning. I made that engagement myself. I met him at Thrower's office, and we walked down Walton Street.
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676 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:644X. AMERICAN STATE TRIALS.Jean C. Waldron, a trained nurse, nursed Mrs. Hirsch at the Davis-Fisher Sanitarium for one week in December 1917. Mr. Cook visited her every day during the week I was nursing her, except for one day.Jean C. Waldron, a trained nurse, also nursed Mrs. Hirsch at the Davis-Fisher Sanitarium last December for four days. Cook came to see her twice out of the four days during which I nursed her.R. A. Gordon knows J. W. Cook. About two months ago, Cook came to his office and told him he was going
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677 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK.645He came to me the next morning and again offered me $200.00 to get him a master key to the second floor of the Candler building. He said that he wanted to get a paper from an office in that building, explaining that there was a party who had not dealt fairly with him. He believed that if he could get this paper, he could get half out of a certain trade. I told him I would have to think the matter over and made him no promise.Mrs. J. Frank Snelgrove.I know
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678 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:646 X, AMERICAN STATE TRIALS.He had his arm around her before he closed the door. Well, I stopped; I thought for a second I would walk over to his office door leading into the hall. He has a mail slot in his door with a spring slot that you can shove up from the outside and see everything in his office. I saw him pull Mrs. Hirsch down into his lap and kiss her. The elevator was running, and I let the slide down and walked down a step or two, then went back
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679 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK. 647Honorable Mayor! You are a nice pair! I saw this bundle lying on the floor with her coat and hat, and I reached down and got it, and walked out and went by her husband's office and left him a note to see me before he went home or to call me. I didn't hear anything from him, but I heard from Mr. Forrest Adair. I went over to Mr. Thrower's office, and Mrs. Hirsch called me up from Mr. Candler's office, and said, "Mr. Cook, won't you please come back
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680 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:648 X. AMERICAN STATE TRIALS.No, he makes the woman do all the dirty work—while he occupies the proud position of a friend of her husband's. Cook and Mrs. Hirsch had made all arrangements. Cook wanted them to "get her out of town," did he? Cook would surely have joined her later. Suppose she had gotten as much as $100,000. What a time they would have had! And poor Hirsch. What a doormat they have made of him. Then Cook would have denied ever knowing Mrs. Hirsch, if it hadn't been for Al Martin's visit
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681 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOKE. 649He makes a most remarkable statement, yet doesn’t produce a witness. No one, on oath, you will notice, has dared to state that Mayor Candler and Mrs. Hirsch had these frequently mentioned improper relations. Here is Cook, who immediately rushes round to the husband’s office to nobly tell what he has seen. He leaves a note on the husband’s desk saying, “See me at once.” This is on Wednesday. Yet the husband is in town from the following Friday until Sunday, and Cook never told him anything about it!Gentlemen, that note
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682 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:650 X. AMERICAN STATE TRIALS.Asa Candler has contributed to every philanthropic enterprise and always stood for the highest and best things in public and private life. Shall we tear him down for a man who admits and boasts that he has committed every crime on the statute books except the crime of murder—a man who brags that he provided for a woman when he was fifteen years of age, who brags that he drank two quarts of liquor a day until Georgia went bone-dry, a man who brags that he was tried for assault
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683 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK, 651No one is safe. But it is actions such as Mr. Candler's which make it safer for others.The crime of blackmail does not depend on the truth of the charge alleged by the blackmailers. Even had Candler been guilty, the blackmailing would still have been a crime.As to the photograph of a group containing Mrs. Hirsch and Mr. Candler, I believe that Mrs. Hirsch was groomed for the affair by Cook even before that photo was taken in September 1917, and that they had laid their plans before that date. But
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684 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:652 X. AMERICAN STATE TRIALS.The testimony of Toney has been passed in this case. Even Mr. Adair admits that there was no demand made for money either by Mrs. Hirsch or Cook. That clears Cook. What will we do with him? Release him! I'm not surprised you won't try the woman. You would have little enough sense to try her, for you know there's not a jury in Georgia that would convict her. What act can they show against Mr. Cook that constitutes blackmail? None! What overt act have they shown that Cook has
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685 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:W. J. COOK. 653Did 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,
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686 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:654 X, AMERICAN STATE TRIALS.The defendant has the right to use any means within the law to discover the purpose of the accusations or threats. The methods used would not affect the innocence or guilt of the defendant.THE VERDICT AND SENTENCEThe jury returned after an absence of twenty minutes from the courtroom with a verdict of guilty. Judge Huw sentenced Cook to twelve months at hard labor on the public roads of Fulton County and a fine of $1,000.---
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687 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE TRIAL OF MRS. HERMAN H. HIRSCH FOR BLACKMAIL, ATLANTA, GEORGIA, 1918THE NARRATIVELess than three weeks after the conviction of her confederate, Cook (ante, p. 624), Mrs. Hirsch was brought to trial. Mayor Candler (ante, p. 629) and Mr. Adair (ante, p. 633) repeated the amazing story which they had testified to at the trial of Cook. The other witnesses from Cook's trial gave similar evidence here. Then, Mrs. Hirsch, with the court having been cleared of all spectators, made a long statement or address to the jury. In it, she stuck to the
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688 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:656 X. AMERICAN STATE TRIALS.(Cook, having been tried separately and convicted, see ante, p. 654) was placed on trial today.For the State:John A. Boykin, Solicitor General, and Reuben R. Arnold.For the Prisoner:Richard B. Russell, John R. B. Cooper, and James S. Bedgood.The following jurymen were selected and sworn: R. L. Crawford, W. H. Blackstock, L. C. Berry, J. T. Carroll, W. L. Holcomb, V. R. Hollis, C. A. Meager, J. R. Lee, M. B. Hinton, Jacob Heiman, J. T. Stark, H. L. Dewell.THE WITNESSES FOR THE STATE:Asa G. Candler:His evidence in chief was substantially
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689 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH657Did Mrs. Hirsch call you on the telephone in regard to the Rotary Club luncheon? Didn’t she ask you to speak? Perhaps, I don’t remember for certain. And then didn’t you tell her you would introduce her at the Rotary Club if she would come by your office and give you a “great big hug?” I did not. Didn’t you ask her for a photograph in the presence of an Atlanta lady when she and the lady went to your office to see you about the humane officer? I did not.
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690 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:658AMERICAN STATE TRIALS.Candler: I did not set any trap for Cook or Mrs. Hirsch, but simply did all I could to develop the plot, which I believed had been laid.Mr. Russell: Were you sorry for her when you said you were?Yes, and I am yet.Didn't you wipe your eyes and pretend deep sympathy, and squeeze Mrs. Hirsch's hand, and say, "Little woman, I am mighty sorry for you?"I did not.You've kissed many ladies' hands, haven't you?Many a one. You are a man of the world, aren't you, Mr. Adair?Yes, to the extent that I
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691 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:HRS. HERMAN H. HIRSCH.659I was a patient at the hospital and have seen a quantity of fruit in Mrs. Hirsch’s room at different times. She told me this fruit was sent to her by Mr. Cook. Mrs. Hirsch said to me that should Mr. Hirsch ever come and find Mr. Cook calling upon her, she would tell her husband that Cook had been visiting a male patient in the hospital and had simply dropped in when passing her room to ask how she was.Cross-examined.I was in charge of the hospital at night. It would
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692 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:660 X. AMERICAN STATE TRIALS.MRS. HIRSCH'S STATEMENT TO THE JURY.Mrs. Hirsch: Gentlemen, I met Mr. Candler when a prominent lady of this city introduced me to him at his office in the city hall. Last summer, the Atlanta Woman's Club formed an auxiliary to the Red Cross and asked me to be the chairman of the finance committee of this auxiliary. Our goal was to raise money to donate eighty-five dozen operating gowns to the base hospital, which would require between $800 and $1,000. We decided to raise the funds by raffling an automobile.
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693 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 661He kissed me and put his arms around me; he pulled me down on his lap, and he made every advance that a man could make to show a woman that he wanted to do things that he shouldn’t do. I finally got loose from him, went to the door and started out, and said, “Mr. Candler, don’t ask me to do something that I shouldn’t do and don’t want to do, because I am under obligations to you.” I left the office on those terms, after promising him that
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694 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:662 XY. AMERICAN STATE TRIALS.I was introduced to the Rotary Club by Mayor Candler, who presented Mrs. Atkinson to the club. Instead of making a speech, Mrs. Atkinson introduced me, and I had to address the gentlemen and explain our efforts. The talk seemed to meet with their approval. Afterwards, Mrs. Atkinson and I went to the door and sold tickets to the men as they left. Mr. Candler bought another ticket, which were the only two he purchased for the automobile. I then left the club to go to the Ansley Hotel and
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695 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 663I told him during my visits that my doctor had advised me to give up all charitable work and to go into the hospital. I was in a very serious condition and nearing the verge of a nervous breakdown. He suggested that I give up this kind of work, but I said I couldn’t because I was involved with an automobile that hadn’t been raffled yet.I went again to his office to see him about allowing a banner to float across the street. On that day, I was so ill
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696 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:664 X. AMERICAN STATE TRIALS.For the first time in Will's life, she had seen him interested in something that was to his advantage. I called Mr. Cook up, at his mother's solicitation, and asked him to go and hear Billy Sunday on the first Sunday that he preached a sermon for men only. Mr. Cook went to hear the sermon and came back by St. Joseph's hospital, and told me he was very much impressed with Billy Sunday, and that he intended to go to hear him again. His mother afterwards remarked to me
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697 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:HRS, HERMAN H. HIRSCH. 665They said, "You sent it out and quit going to his office, now." That was before I went the first time after I came out of the hospital. They have said in their testimony that on Tuesday, the 4th of February, that I met Mr. Candler on Forsyth Street—they said on Monday. To the best of my recollection, it was on Tuesday.When I came through the Grant building that day, I came through there because it was cold, and the wind was blowing, and I took the shortcut through to
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698 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:666 X. AMERICAN STATE TRIALS.I was so alarmed at him seeing me that I grabbed the coat, hat, and other clothing from the table and started to run out of the door. I turned the thumb bolt from the inside and opened the door. As I opened the door, Mr. Cook raised himself up and said, "There's someone at the door, too." I threw up my hands and dropped what I had in my arms. He made a grab for them, and so did I. He got them and put them in his pocket,
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699 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 667I went down to the train, which was due at 7 o'clock. When I arrived at Mr. Hirsch's office and opened the door, I found a note that had been tucked through the letter slot. The note was signed by "Cook," and it was the same note that I later gave to Mr. Forrest Adair. I immediately went to the telephone and called Mr. Candler to tell him that evidently Mr. Cook was going to try to cause some trouble, as he had left this note for Mr. Hirsch to
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700 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The office had one public phone, and I had no private phone there. The next morning, which was Thursday, around 11 o'clock, I received a message that a lady wanted to speak with me. I went down and called Mr. Adair’s number, and he asked me to come over to his office.The next morning, I went to Mr. Adair’s office before noon. I had been invited to a bridge party that afternoon at a friend's home. They took me back into the private office, where Forrest and George Adair were present. They informed me
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701 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH"You'll be protected, and we'll stand by you. We'll see that you shall never be harmed, and you shall be taken care of."I went to the bridge party and, after leaving, returned to Mr. Adair’s office. I told him that I had been thinking over the matter and didn’t know what to do. He said, “Well, there’s only one thing to do: you’ll simply have to go away.” I replied, “Mr. Adair, I have practically realized that I have to do anything you all say because I'm going to be ruined
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702 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Because evidently, he hasn’t,” and he said, “You are going to have to go.”When I told Forrest Adair about my trip to the station with my husband, he took my hand, kissed it, and tears came into his eyes. He said, “Little woman, my heart goes out to you. When I came into this, I came in as a friend of Mr. Candler, but I'm your friend now, too.” He continued, “I’m so sorry for you, and my brother George is just as sorry for you as I am. We are both your friends,
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703 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHI tried to convey my intentions clearly. "Well," I said, "I have attempted to do charitable work here. I have visited the mill districts, the different nurseries, and worked through the Associated Charities. I have found that doing charitable work requires a lot of money. If you don't have money, it requires bodily strength. All the work I have done has been through bodily strength. I would have liked to ask Mr. Candler if he could help me bring good out of bad. If I wanted to dedicate the rest of
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704 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:672 X. AMERICAN STATE TRIALS"Do you want to see me?" He said, "No, he doesn’t." He asked, "Aunt Margaret, do you think Uncle Herman ought to live with you now?" and I said, "No."That afternoon, I employed James R. Bedgood to represent me. They had brought Mr. Cook into my room at the Tower and informed me that this was a joint indictment of Mr. Cook and myself. They mentioned that if I employed a different attorney, it might cause a clash in the two defenses, and that my case and Mr. Cook's case
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705 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN B. HIRSCHI was engaged as an assistant solicitor, discussing my conversation with Mrs. Humphries.Cross-examination:The Humphries woman was placed in jail two days after Mrs. Hirsch. She provided no reason for Mrs. Hirsch’s alleged confession. I have no interest in the case except as an officer of the State.Fred Smith, the deputy jailer, testified to the same effect.Forrest Adair (recalled):My brother and I did not tell Cook that I suspected a plot to blackmail Mayor Candler, as Cook testified. I did not suggest to Mrs. Hirsch that she leave her husband or that
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706 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsI was on the running board of an automobile, and she continued to hold my hand during the taking of the pictures. I held my hand behind my back as I did not want this to appear. While still holding my hand, Mrs. Hirsch whispered to me, "Look out, he'll touch the button directly." I had met Mrs. Hirsch and Cook at the automobile races, and Mrs. Hirsch had asked me to show her the way to the ladies’ restroom at the fairground. I took her towards the restroom, but seeing Cook
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707 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 675THE SPEECHES TO THE JURYMR. ARNOLD FOR THE STATEMr. Arnold: Gentlemen, in the brief space at my disposal, I cannot possibly discuss all of the facts in this case. It has taken over a day and a half for the hearing of the witnesses, and it is therefore only possible for me to touch on the high points. I hope to cover all the significant aspects of the testimony before my time expires. Every case is controlled by a few main features in the evidence, and these features are impossible
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708 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:676 X. AMERICAN STATE TRIALS.It is not classed as such, and I do not ask you to punish this woman. The question of her sentence rests with the court, and I do not desire her punishment. All I want is your disapproval of her actions.There is nothing as good as a good woman, and nothing sinks as low or becomes as dangerous as a fallen woman. When a woman once falls from virtue, how deception follows in her wake! No matter how beautiful and charming she may be, who does she consort with? Creatures
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709 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mrs. Herman H. HirschLater, he dropped the idea for a better money-making plan, and that is the companion Mrs. Hirsch chose.However, she claims that Forrest Adair led her into all this. That is part of her game. One had to pretend to be caught, and one had to be the catcher. In some senses, this plot is slick, but in others, it is a terrible botch and does not do credit to Mrs. Hirsch’s brain. Sometimes, the size of the money involved clouds the brain. She was determined to get at Candler. She tried
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710 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the past, a married woman found guilty of the crime of adultery was stoned to death. While that penalty was excessively severe, the current one is too lenient.Before you sits a very dangerous woman. As an actress, she surpasses even Sarah Bernhardt. The clearing of the courtroom for her statement and her tears are all part of an act. What difference does it make when it will all be made public in the records? She laughed and cried at will. I would love to try her before a jury of good women. There
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711 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mrs. Herman H. Hirsch, 679Cook was scared. I don’t believe he would have yielded to this woman’s importunities, but if he had, they would have pulled the blackmail stunt then.Let me detail some of the key points in the case that speak louder than others: First, there were Mr. Candler’s employees in the adjoining office with an unlocked door between the two rooms. Cook saw through the letterbox without encountering any obstruction. There were two windows on Pryor Street with the blinds up and a hotel across the street. No man performs an immoral
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712 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:680 X. AMERICAN STATE TRIALSIt is old in Europe and the East. It is new in Georgia because we have not had many rich people. After this prosecution, blackmailers in this part of the world will roost lower.I doubt if Mrs. Hirsch would have admitted the figures about her husband’s debts if her notations on the margin of The Constitution had not been kept. She wanted half a million for herself and $5,000 for him! Think of the way that husband has been treated. How would any man feel in like circumstances? He must
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713 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mrs. Herman H. Hirsch, 681After she had left town, there was a notion that Cook should join her, and my, what a time they would have had with that money! So, when she thought that Mr. Candler was going to provide for her, Cook said, "Raise your figures." And she did, indeed. She lived with her husband from Friday until Sunday after all this had happened, yet carried in her heart the intention to wreck and ruin him, desert him, and destroy everything worthwhile in his life for money.I have full sympathy for anyone
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714 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:682 Y. AMERICAN STATE TRIALSThe massacres of St. Bartholomew’s Eve were instigated by some of the most cruel criminals, and among them were women.When some women begin to lead a life of shame, they start to prevaricate. They will not betray each other. Mrs. Humphries would not tell on Mrs. Hirsch. There is a code of ethics among them.I have discussed this case as best I could. You are the final arbiters. The law has the fullest confidence in you and expects you to observe your oath to try men and women alike. Put
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715 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:On February 6 or after, if the facts had been known, Mrs. H. H. Hirsch would never have been arrested. If the prosecutor had been an ordinary average citizen, the trial would have proceeded like any other misdemeanor case. However, due to the fact that Mr. Candler is the Mayor of the city and a multi-millionaire, the defendant was indicted at a special session of the grand jury. Regardless of his financial or political standing, the defendant still has rights in a courthouse before a jury. She has the right to an unprejudiced trial.No
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716 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:684 X. AMERICAN STATE TRIALSHe was guilty and didn't want to talk to her, so he brought Forrest Adair into the case. If I had done such a thing in my own office, I would have given her money. Mr. Candler admits enough in his own testimony to warrant him paying her, and he ought to pay for it.I hope you have enough manhood, gentlemen of the jury, to stand up for a poor woman against this paid prosecuting attorney. Arnold has been having his own way for so long in this section that
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717 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHTo cover, and not even Bishop Candler, who has been sitting here so long, knows it better: I am no saint, but a sinner. However, there is more rejoicing in heaven over one sinner who is saved than over ninety-nine who went astray.Arnold is not a gentleman. He claims that he is bigger than all the lawyers and legislators of Georgia because he criticizes them when they make blackmail a misdemeanor and says it ought to be a felony. That man has so much sense that he is dangerous. I wonder
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718 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:686 X. AMERICAN STATE TRIALSReparation to Mrs. Hirsch can be made this side of the grave. Be kind, be charitable. Charity is the greatest word in the English language. We don’t ask for mercy. We ask for justice, everlasting and eternal justice. Do unto her as you would have it done unto you under like circumstances.You can’t be merciful. The judge is the only man who can lawfully extend mercy in a court. We are asking for a verdict of not guilty. Let us flash that verdict to the waiting world through these resourceful
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719 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe issue at hand is found in Section 118 of the criminal code of the State. That section reads as follows:"Sec. 118, Blackmail Defined. If any person shall, verbally, or by printing or writing, accuse another of a crime or offense, or expose or publish any of his or her personal or business acts, infirmities, failings, or compel any person to do any act, or to refrain from doing any lawful act, against his will, with intent to extort money or other thing of value from any person, or if any
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720 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Blackmail was not committed either through accusation or demand. Candler admits she's been to his office a number of times. Do you realize just how busy a man the Mayor of Atlanta is, with all the huge business interests of Asa G. Candler? Isn't it significant that she is given so much of his time for interviews in his office? Think that little point over when you get in the jury room. I don't have time to go more fully into it now.Remember, if there is any reasonable doubt in your minds as to
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721 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mrs. Herman H. Hirsch, 689There was a scheme, or at least he suspected one. If there had been one, you can be sure he would have done more than merely "suspect it." When she met Forrest Adair in his private office, that poor woman stood no more chance than a straw in the river or a snowball in hell. She was compromised the minute she entered Adair’s private office. Adair admits he is a man of the world and claims to know everything about women. He says he knows women "up one side and
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722 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:690 X. AMERICAN STATE TRIALS.He said, "I knew you couldn’t impeach me in Fulton County." There is the gauntlet that he flings down to the State. "I knew you couldn’t impeach me." Did they accept the challenge? No one was introduced to try to impeach him. It is cowardly to attack a man’s character as Arnold did Cook’s when the challenge for impeachment has been made and they haven’t attempted to accept it. Cook is a stranger to me, but give him fair play.There is no conspiracy shown by the State. They say that
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723 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHGentlemen, you cannot select, as the State would have you do, the evidence you wish to believe and disregard what you wish to classify as false. On one side of this case stands reputation, power, and wealth. On the other side stands a poor, ruined woman. When the whole world is fighting for democracy, when the guns are roaring and the swords are flashing, ensure that she has a fair trial. Before you convict, consider how you would feel if she were your own daughter. If it is true that she
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724 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:692 & AMERICAN STATE TRIALSOnce the woman was in the hospital and the raffle was over, the necessity of being with her had passed. Yet, day in and day out, he visited the hospital, bringing flowers and fruit. After she was discharged from the hospital, he spent much time with her at restaurants, dining and conversing. They met by appointment in a clandestine manner, sneaking into the restaurant—sometimes one first and sometimes the other—but always waiting until the other arrived. What does the testimony show? On at least one occasion, Mrs. Hirsch waited for
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725 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe mysterious eyewitnesses are a lie. Why don’t they produce their witnesses? The reason is that Cook just picked the names Lee and Smith. If such men ever existed, they have considerably more brains than Cook, for he didn’t get out of the way.I do not wish to be harsh on a woman. A virtuous woman is the noblest work of God, but the mold of virtue has been lost in this case. A scheming woman with a man like Cook, hunting trouble for a 66-year-old man of the integrity and
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726 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:694 X. AMERICAN STATE TRIALSThe noble man of the world was asked to go and see Bill Cook, to persuade him and do what he could to keep him quiet.No, her game was to impress upon Mr. Candler that Cook "has caught me red-handed, is going to tell my husband, and I've got to get out of town"—with plenty of cash!You remember that she states that after Mr. Adair had considered giving her an annuity of $3,000 a year, she went to a card party. When she got back, her figure was raised to
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727 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHCandler’s influence and power were significant. She did not ask him to support her in a denial that Cook would never dare to challenge against their combined statements. No, she wanted to impress upon Candler that Handsome Bill was going to tell her husband. Candler wouldn’t speak to her, so she confided in Forrest Adair. She was perfectly frank and immediately confessed the immoral act. Can you imagine any decent woman admitting her shame when there was no one in the world to deny her innocence but a hobo like Cook?Wouldn't
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728 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The voices of law and fact, as determined by the evidence, are paramount. Any juror who listens to any other voice dishonors their position, disgraces the state, and undermines the purpose of trial by jury.The indictment charges Mrs. H. H. Hirsch and W. J. Cook with blackmail, specifically accusing Asa G. Candler, Sr., of adultery with Mrs. Hirsch with the intent to extort money. The second clause in the indictment accuses them of verbal blackmail, alleging that they threatened to accuse Asa G. Candler, Sr., of adultery with Mrs. Hirsch with the intent to
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729 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe evidence must be strong enough to exclude every other reasonable hypothesis.It is immaterial whether the prosecutor was guilty of adultery or not. Even if the jury believes that improper relations did take place, nevertheless, if Mrs. Hirsch and Cook took advantage of that fact to extort money, these two people conspired illegally, and it is the duty of the jury to find her guilty.If a man suspects that a crime is about to be perpetrated, he has the right to use all legal means to expose the crime and protect
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730 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:698 X. American State TrialsWith the case as far as her guilt or innocence was concerned, the jury must not allow the position of the prosecutor as mayor, his power, or past record to influence them.The Verdict and SentenceThe jury retired and, after an absence of 25 minutes, returned to the court with a verdict of guilty.Mr. Russell requested a poll of the jury. The clerk called each man's name, and each juror stood and was questioned as to whether that was his verdict, with all twelve answering in the affirmative.Judge Hn stated that
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731 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The Trial of Pedro Gibert, Bernardo de Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo de Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velazquez, and Juan Montenegro for Piracy, Boston, MassachusettsThe NarrativeIn August 1832, the American brig *Mexican*, owned by one of the leading merchants of Salem, Massachusetts, set sail for Rio Janeiro. Onboard was a valuable cargo and over twenty thousand dollars in specie. Around the same time, the ship *Panda*, with a Spanish captain and crew, departed from Havana on a slaving expedition.The two vessels encountered each other
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732 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:700 XY. AMERICAN STATE TRIALSThey were all jailed and subsequently taken to Boston, where all of them, except one who had committed suicide while in prison, were put on trial before a Federal Court. The court was presided over by Mr. Justice Story, and the charge was piracy.The evidence was quite conclusive regarding their identity. However, some of them—the cook, Ferrer; the cabin boy, Costa; and the three sailors: Guzman, Portana, and Velazquez—were thought by the jury to have acted under the compulsion of the others. Consequently, they were found not guilty. However, seven
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733 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersIn 1832, while patrolling off the coast of Africa for slavers, a British vessel captured the Spanish schooner Panda. Several crew members of the Panda were identified as the perpetrators who had robbed the brig Mexican, of Salem, on September 20, 1832, during its voyage from Salem to Rio de Janeiro. Some of the crew were apprehended and taken to England, while others escaped to shore, where they were protected by the natives.On August 26, the British gun-brig Savage arrived in the harbor of Salem, carrying the following prisoners: Pedro Gibert,
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734 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In Salem, after the usual formalities, the charge was surrendered into their hands, with the English government waiving their right to try and punish the prisoners in favor of the United States, against whom the principal offense had been committed.A primary examination was held in the Town Hall at Salem, with Judge Davis presiding. The prisoners were directed to be transferred to the jail in Boston, where they would await their trial at the October term of the United States Circuit Court. This was done, and on the 23rd of October, they were brought
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735 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSOne hundred and fifty jurors were in attendance under the venire previously issued. Captain Gibert and his mate, Bernardo de Soto, through their..."Slavery Standard" in New York (1843-1844). Died in Wayland, Massachusetts.Hilliard, George Stillman (1808-1879), was born in Machias, Maine. He graduated from Harvard with an A.B. in 1828, an A.M. in 1831, an LL.B. in 1832, and an LL.D. from Trinity College in 1857. He was admitted to the Boston Bar in 1833. Hilliard was a joint editor with George Ripley of the "Christian Register" in 1833 and with Charles
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736 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsSenior counsel, Mr. Child, availed themselves extensively of their right to object to the jurors as called by the clerk, challenging the full number (twenty) allowed by law. The following jurors were eventually selected, impaneled, and sworn: Jeremiah Washburn, Charles Hudson, Leavitt Corbett, John Beals, Joseph Kelley, Anthony Kelley, Isaac Wise, Thacher R. Raymond, Charles Lawrence, William Knight, Peter Brigham, and Jacob H. Bates.Mr. Child addressed the Court regarding a motion he had previously made concerning the logbook of the Panda (the alleged piratical schooner). He read an affidavit from the mate
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737 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersIn 33 degrees North latitude and 94.30 degrees West longitude, a vessel encountered a suspicious-looking schooner. Despite numerous attempts to evade the schooner, the vessel, named the Mexican, was unable to escape. The schooner, armed with one long gun and two smaller ones, had decks crowded with men. The captain of the Mexican, realizing the threat, felt compelled to submit and hove to.The schooner hailed the Mexican, ordering the captain to come aboard. Complying with the order, he used his own boat to reach the schooner. Upon arrival, five men jumped
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738 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsDue to some accident, the ship shortly afterwards blew up, killing several of the Curlew’s men. Captain Trotter then sailed to other ports, continuing his efforts to discover the crew of the Panda. Eventually, he succeeded in arresting the individuals now present.One of these men, named Perez, had been received as State’s evidence. Additionally, two other individuals, Portuguese nationals who had served on board the Panda but had not been involved in the robbery of the Mexican, would also appear to give their testimony.Mr. Dunlap paid a high compliment to the British
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739 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe incident began with the sighting of a schooner, which appeared to have two long guns. There was also something covered up amidships, though I couldn't ascertain whether it was a gun or not. The crew of the schooner asked where we were from and where we were bound. After I informed them, they inquired about our cargo, to which I replied that it was saltpeter and tea. They then ordered me to come aboard the schooner.At that time, the schooner's crew was on deck, numbering about fifty or sixty men.
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740 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Havana and African trade. The guns were made of brass, and I think they were long twelve-pounders.Benjamin Brown Head: I am the mate of the Mexican. At four A.M., I came on deck and was informed of the circumstance by the second mate. When he told me this, I asked if he could still see the vessel he spoke of. He said no. I asked him for the glass, went with it to the forecastle, and saw the schooner. She was then standing towards us. I went below and called the captain, thinking she
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741 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSHe came back and asked me where my watch was, but before I had time to tell him, he had it out of my pocket. Then he asked me where my money was. It was hidden, but I told him I would bring it. He took the money and told me to stay in the forecastle. I heard the boatswain asking the captain for his chronometer. The captain said he had none. The boatswain then caught up the speaking-trumpet and gave the captain such a blow that it broke almost to
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742 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsI remember the shape of his nose—I think he wore a blue jacket. He was a middle-sized man, not very stout. When I saw Ruiz at Salem, I did not tell anyone at the time that I recognized him. I think there might have been about sixty men on board the schooner when we were boarded by them.(The counsel for the prisoners here called upon the witness to look the prisoner Ruiz in the face and say upon his oath whether that was one of the men who came on board the
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743 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERS"Think Ruiz had on a blue jacket and cap when he came on board. He told his comrades to get something. The pirates hailed us in good English, though I could understand them readily; their language had a rather foreign accent. I first saw the men on the deck of the Mexican and saw them afterwards in jail. I first recognized Ruiz the day he was brought up here but mentioned it to no one. I do not feel any resentment against Ruiz more than the rest."Benjamin Daniels testified, "I was
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744 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSThe witness was informed that if he did not tell the truth, he would forfeit all claims to favor and be considered in the same light as the prisoners at the bar. He was then sworn upon a Bible authenticated by the Catholic bishop of this place and permitted, through the medium of the interpreter, to commence his testimony.I was born at Margarita, twenty-two years ago. I was last in Havana, 2 years and 6 months ago, and shipped at that time on board the Panda, under Captain Gibert. Bernardo de
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745 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersAt the brig, Captain Gibert was angry and sent another man into the maintop to keep a lookout with me. Shortly after, I saw two sails and called out to the captain, who asked where she was. I said she was astern of the American brig and so near that I could see her three masts. On the forecastle of the American brig, I saw one of the schooner's men keeping guard with a handspike in his hand. The captain shouted, "Take them out of the forecastle and shut them up
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746 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:714X, AMERICAN STATE TRIALS.The captain ordered us to count out $5,000 and leave it there for him. We left the $5,000 and took away $6,000, which was all that remained. This sum was divided among us. We were told that the captain was going to divide it, and that if each man did not go and get his share, there would be the devil to pay. I was not taken but surrendered myself voluntarily at Fernando Po. The boatswain, four seamen, and I went to Fernando Po. Three of them are now in court.
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747 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe boatswain had a distinctive appearance with a long nose and black, curly hair. If he were alive, everyone would recognize him by the scar across his nose. He was of medium height and sometimes wore a straw hat, sometimes a cap, but generally a light felt hat with a low round crown. I never saw other felt hats on board the schooner. I don't recall what shoes he wore at the time; sometimes he wore yellow shoes, sometimes black. The crew wore shoes of both colors. Yellow shoes were made
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748 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mr. Child expressed himself very strongly in relation to the officer for the government and the court. He said he had never witnessed such an exercise of the power of the powerful against the weak and stated that, from the most careful examination, he had become convinced of the innocence of the prisoners and believed them to be victims of one of the vilest plots ever invented.Mr. Dunlap said he should not let personal feelings influence him in this matter. It had been his desire, as on all other occasions, to give the prisoners
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749 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSFour or five days after the schooner had been carried to Cape Lopez, it was buried before the schooner was taken and remained buried until after the English captured her. The captain then sent word that all hands should run away, as the English were coming after them. The money that was buried at Nazareth remained there for about four months. Part of it was carried off and buried among the mountains. I never heard of this money afterward, as I and five others got on board a boat and started
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750 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:718X. AMERICAN STATE TRIALSWhile in the canoe, the captain asked why the ship had not been blown up. The carpenter replied that he did not know why an explosion had not occurred. The captain and mate questioned him further, asking why he had not burst a barrel of powder over the deck, loaded a gun, tied a fish-line to the lock, and pulled it when he came off in the canoe. The cabin scuttle leads down into the magazine.Sixty negroes had been bought with the cargo of the Panda, and the remainder had been
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751 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSReiterating the assertion that he could not write, the witness stated that he was asked by the government at Fernando Po to sign his name to the deposition he made there. However, he could not do it and was therefore told to make his mark. The witness attempted to write but, finding he could not, threw down the pen in despair. The court wished it to be understood that this trial of the witness, although permitted, could not be legally called for by the prisoner's counsel.Cross-Examination ContinuedThe witness did not distrust
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752 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:They were never permitted to speak to anyone except in the presence of a sentinel. On board the Panda was a sailor who could speak English; his name was Perico. He was a fat white man, but I do not know his country. He died on board the schooner. Perico was a Spaniard but had sailed on board an American brig. The powder of the Panda was stowed in her hold at Havana. I had not been concerned in the war between Spain and her colonies. I have been on board both Danish and
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753 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSCaptain Pedro Gibert hailed the English captain and ordered him to come on board. The English captain replied that his boat leaked so badly that he would not be able to keep it afloat. Captain Gibert insisted that the English captain come on board quickly. The English then launched their boat, and the captain, boatswain, and two men came on board the schooner.The corvette was robbed of five goats, one cheese, several cases of preserves, cordials, and two half coils of rigging. No other piracy was committed after the robbery of
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754 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:We found the ship on fire and I was the first to board her. The first thing we did was to put out the fire, which we found in the magazine below the cabin floor. One of our men went down and discovered a quantity of cotton and brimstone burning, along with a slow match ignited and communicating with the magazine. The magazine contained fourteen or sixteen water casks of powder. We looked for the ship’s papers and logbook but did not find them.We then bent the schooner’s sails and went up the river.
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755 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSI remember going ashore and don't think Perez was in the boat; there were only two of the prisoners, and they were the men whom I have mentioned. I recall going to the River Bona in the Curlew. Some of the prisoners were on board the Esperanza, and others on board the Curlew. The mate, the carpenter, and three others were in irons. The captain of the Panda did some translations for Captain Trotter; Captain Trotter might have regaled him with wine and brandy. When we were in the River Bona,
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756 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:X. AMERICAN STATE TRIALSWhile in Cape Lopez, we had more prisoners than men of our own. There was then some appearance of a rising among the prisoners, but never at any other time.At Cape Lopez, Captain Trotter and some of our men were taken prisoners by the African king. They were captured on Sunday and kept until Wednesday. It required considerable negotiation to secure their release. Captain Trotter was never anxious on account of the capture of the Panda or the Esperanza. I was in Fernando Po when Perez was examined. Captain Trotter, in
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757 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSMr. Child: We do not know gentle or simple here.Justice Story: If there is anything objectionable in my usage of the word "gentleman," I will use the word "man," although I consider that all present are entitled to the former appellation.Cross-Examination Continued:I do not know whether the powder placed in the cabin to blow up the vessel was in a bag or not. I saw a bag hauled up and also a match still burning. The name of the man who first went down is Trumbull. I know nothing of Trumbull
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758 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsMr. Dunlap: I scarcely know what Mr. Child means by restricting the prisoners. I believe the other counsel, Mr. Hilliard, would not say what Mr. Child had said.Mr. Hilliard was perfectly satisfied with the conduct of the District Attorney on this, as on all other occasions, and should always feel happy in being opposed to the gentleman.**Simon Domingo:** I went with the Panda from Prince’s Island to the River Nazareth. When we arrived there, we came to anchor and lay there for four months, "doing nothing." They had previously traded for negroes.
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759 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersJean went ashore at Nazareth by Captain Trotter's orders to search for the hidden money. Two of the prisoners guided us, but we found no money. The prisoners were accompanied by an English officer, to whom they were obedient. They showed him the place where it was first buried but could not tell where it had been taken to. The English captain got some money, but I don't know how much; he took it away from Captain Gibert at Cape Lopez. I was a prisoner but not in irons. I never
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760 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:728 XY. AMERICAN STATE TRIALSThe Panda did not pursue them themselves but sent the negroes who were standing armed on the beach. There was a great number of negroes, though I don't know how many; they extended all along the beach.Captain Trotter went to the king two or three times to demand the prisoners. At last, he went with the crew to take the prisoners by force. I don't know if Captain Gibert and his men interceded with the king not to harm the English. When the Panda was blown up, part of the
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761 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe English crew was not called up to take their share of any money. Captain Gibert went ashore when the Panda reached Nazareth and came back after two months. He was sick on board for five days. Once he recovered, he went ashore again and did not return to the ship. I think the captain went on board once after that.Anastasio Sivera, 23 years of age, shipped on board the Panda on the 8th of February, 1833. We first went to Cape Lopez and then to Nazareth. They ran her ashore
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762 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsCaptain Jeremiah Briggs: I have commanded nine merchantmen over 32 years. My voyages have generally been to the East Indies, and I have also been to Rio and other South American ports. It is customary, when hailed, if from Salem, to answer "from Boston," as Boston is a port more known than Salem, particularly to foreign navigators. I have never been on the coast of Guinea.Mr. Dunlap: Suppose a clipper, bound for the coast of Africa, sails from Havana on the 20th of August, and a vessel like the Mexican, a dull
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763 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersThe average rate of sailing for ships is about one hundred and twenty miles per day. In summer, they typically sail one hundred and twenty miles, while in winter, they cover around one hundred and sixty to one hundred and seventy miles. The passage from New York to Liverpool is completed in twenty-seven to thirty-three days during the summer. However, the yards of packet ships are squarer than those of ordinary merchantmen, and they carry a heavier crew. On average, it can be said that packet ships sail a knot an
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764 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsWith a stock of the best provisions on the coast, owing to the best sources, such as beef, pork, etc., the weather was favorable. It is advisable to take but little bread, as it spoils.Mr. Dunlap asked the witness if he had not been involved in the slave trade. Mr. Child objected to the question as irrelevant. Judge Story did not think so, as the query concerned the gentleman’s—she begged pardon—the witness's character. Mr. Dunlap again posed his question, to which the witness replied that when he could not get ivory, he
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765 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSPedro Gibert and others. 733°Six, or six and a half. A clipper will, on average, sail one-third faster than a merchant vessel. The Panda and Mexican would not be likely to meet because the schooner ought to be much ahead of the brig. I am well acquainted with the currency on the African coast. Spanish dollars are current there—even doubloons and ounces will pass. I have been on the coast as far as Congo and thirty leagues up the river. Petty Sestos and Nyphoo are not the same places. Vessels going
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766 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:134 XY. AMERICAN STATE TRIALSI think, from what I see of the Mexican's track, that she was a dull sailer, and there would be a difference of about one-third between her and a Baltimore clipper in smooth water. The meeting of the Panda and Mexican, with one sailing on the 20th from Havana and the other from Salem on the 29th, would be very improbable, but not impossible. I should think the Panda would be at the Cape de Verde by the 20th of September. To pass through the Bahama Channel and reach 30°
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767 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersThe engagement was not considered in Havana to disparage any man's character.Isaac A. Coolidge, the underkeeper of the jail, was asked to identify the colored men, Ridgly and Lewis, of the Mexican, as the persons who called at the jail and stated that they recognized one of the prisoners. He was unable to swear to the parties.Charles Sumner saw Ridgly in court, either at the time the prisoners were arraigned or when they were brought up to receive copies of the indictment against them. Ridgly was near the crier's desk, surrounded
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768 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:736 ¥. AMERICAN STATE TRIALS.He deceived him by telling him that he would not be kept a prisoner, while, in reality, he was now as much a prisoner as the others. I think, when he said this, he did not refer to any individuals in this country, but to the English. I told Mr. Dunlap what the prisoner had said, and Mr. Dunlap replied, "Very well, he may do as he pleases; if he does not like to be a witness, we can do without him." Perez then cooled down, did not appear in
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769 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSIt's my turn now." He was in a state of excitement.Ebenezer Prescott: I am an officer of the court. Ridgly was intoxicated at the time. I saw Mr. Sumner and others talking to him a short time after, and not thinking it proper that he should be questioned in his then state, I went and told Mr. Dunlap.Henry Homer: Ridgly was one-half or two-thirds drunk. I saw many people around him, among others, Mr. Child, who was listening and speaking to him. I heard one of the bystanders say to Mr.
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770 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the most unclouded state of understanding, with the most unwavering attention to facts and the strictest self-examination, we must be cautious not to, through rashness, inadvertency, or prejudice, pass sentence upon the innocent and commit a judicial murder. If these considerations are important when dealing with a solitary individual, how much greater must their importance be in the present case? You are not now called upon to decide the fate of one, but of twelve persons. The lives of twelve men are in your hands. Your verdict will determine whether the individuals who
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771 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSTo the countenance and eye of the prisoner, a new expression emerges. We see guilt written in every lineament of his visage, and we translate the look of conscious innocence into ruffian hardiness or callous indifference.These men, gentlemen, are accused of the crime of piracy and are consequently viewed with horror as robbers and murderers. Let me entreat you to lay aside all prepossessions of this kind and not suppose, because the prisoners are accused, that they are guilty. There is not a man, perhaps, who has looked upon these individuals
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772 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Consider the circumstances under which the prisoners have come to this country. They have been brought here with a sort of éclat, much to their disadvantage. A vast apparatus seems to have been put in motion against them. England, the queen of the ocean, has stretched forth her arm against them, and every man, from the Lords of the Admiralty down to the youngest midshipman on board the Curlew, seems to have decided upon their fate. We are too likely to be influenced by these circumstances and imagine that England would not have taken
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773 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSIf it was sound, we would have failed in our duty had we not done this. Had we not acted thus, and had the prisoners been convicted, that conviction would have been something we could never have overcome. The forms and countenances of these men would have haunted our midday steps, disturbed our midnight slumbers, and we would never again have known peace.If the individuals before you, gentlemen, are innocent, is there not something in their condition calculated to touch the heart? They are here, after a long confinement, with scarcely
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774 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:742 X, AMERICAN STATE TRIALS.The extension was granted to Otis solely to provide the Executive with time to receive information from the court.Mr. Hilliard stated that some of the prisoners had been identified by the crew of the Mexican. It was well known that no evidence was more prone to objection than that relating to identity. Nothing changed more than the human countenance when exposed to the influence of a tropical sun or strong excitement. The records of the courts proved this. The captain thought he recognized a dead man (Delgardo) as one of
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775 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSMr. Hilliard addressed the court, highlighting several key points. He noted the fact that Perez had since stated that the cook was not present at all, which cast doubt on the reliability of Perez's testimony. Mr. Hilliard referred to Perez's statements to Mr. Badlam in jail, where Perez declared, "that all he had previously said was a lie." He pointed out the many inconsistencies in Perez's evidence and that of other witnesses. Finally, he mentioned the circumstance where all the crew identified Boyga as having been on board the Mexican, while
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776 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:744 X. AMERICAN STATE TRIALSVictims, or that the sword of the law should fall until it is clogged with massacre. Antonio Ferrer is plainly but a servant. He is listed as a free black in the ship’s papers, but that is no proof that he is free. Were he a slave, he would, in all probability, be represented as free, and this for obvious reasons. He is, in all likelihood, a slave and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant.
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777 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSIn the ocean of life, there are in his bosom the same social sympathies that animate our own. He has nerves to feel pain and a heart to throb with human affections, just as you do. His life, to establish the law or to further the ends of justice, is not required. Taken, it is of no value to us; given to him, it is above the price of rubies.And Costa, the cabin boy, only fifteen years of age when this crime was committed—shall he die? Shall the sword fall upon
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778 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:746 X. AMERICAN STATE TRIALSThe time will come when this world will be as nothing to you: when its opinions, its struggles, and its varied interests will hold no more place in your thoughts than last year's clouds. When memory, invested with preternatural power, will array before your mental gaze every action of your past lives. Then, gentlemen, at that awful moment, believe me, this verdict will not be forgotten; and if you have given it without due conviction of its justice, it will lie with the weight of mountains upon your souls. Let
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779 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe prosecution presented its case, yet it was revealed that the English officer who captured these men was once indebted for his life to their leader. Mr. Quentin, while on the stand, stated that he had no doubt that when Capt. Trotter was in the hands of the negro king, he was saved by the intercession of Capt. Gibert. Throughout the trial, the jury found no evidence to support the portrayal of these men as the dangerous and bloodthirsty miscreants described in the charges against them. They were told that much
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780 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:It seems to me that the whole aim of Perez was to give a deeper hue to the crime with which these prisoners were charged. The carrying of knives by Spanish sailors could excite no suspicion in the breast of anyone if it was a customary thing. We cannot account for such evidence in any other way than by believing that he feared, should these men be discharged, his own imprisonment might be protracted.Perez also tells you, gentlemen, that the carpenter stove the American boat with something heavy, like a piece of wood; and
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781 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSYou will be convinced, upon a moment's reflection, that this could not have been the case.I may have tested your patience during my cross-examination, gentlemen. I might have been more detailed in minor particulars than prudence would typically dictate. If we had possessed any other means, this would not have been necessary. However, as it was, we could not obtain a ray of light except through the strictest scrutiny and closest examination.Perez initially tells you that the men on board wore both black and white shoes. Later, he claims he saw
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782 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:760 X, AMERICAN STATE TRIALSThe probability of his having perjured himself by the suppression of important truths is significant.I will now call your attention to another aspect of this witness's testimony. He has stated that the carpenter set fire to a bag of powder in the hold. Would the witness himself be willing to try this experiment? Would the carpenter have succeeded in such an attempt and made his escape to the shore in safety? Is it not more probable that he would have been in another world before reaching his boat? Yet, the
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783 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersThe other witness, Quentin, affirmed positively that the guns were iron. Perez also mentioned that there was only one man and the third mate on board the Panda who spoke English, and that the former did not go on board the Mexican. Meanwhile, the crew of the latter vessel declared that several of the pirates spoke English fluently.The conduct of Captain Trotter did not suggest that he considered the prisoners to be pirates. He never kept them in chains long enough to maintain the pretense, if it was one, and even
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784 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:752 X. AMERICAN STATE TRIALSMr. Child referenced "Parliamentary Tables," by which he claimed he could demonstrate the type of individuals who had entered the British navy. He stated he could show the names of over 3,000 lieutenants, many of them veterans in service, who had been superseded by inexperienced youths.The Court stated that any established work of science could be quoted as evidence, but the mere opinions of a writer regarding the conduct of a government or individuals could not be admitted.Mr. Child argued that if an announcement had been made regarding the loss
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785 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSIt is false, as all travelers positively assert, that Spanish dollars are current all over Africa. Their value, doubtless, differs in different parts of the coast, depending on how much the inhabitants may need other articles. And the money was buried! How is it that it remains hidden to this very day, with a fleet of British vessels on the coast? How is it that it is still in possession of the natives, despite the powerful arms of the British navy, led by Capt. Henry D. Trotter? Why, also, were the
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786 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:754 X. AMERICAN STATE TRIALS.Such grounds as these, gentlemen, have never been seen in a case of piracy since the beginning of time. Is it a fact that Quentin did not know that the logbook or any of the papers were missing? Doubtless, all the books and papers fell into the same hands. I have no doubt that the logbook is now in the hands of the prosecutors. The schooner has always been known as a two-topsail schooner; as such, she was known in August 1832, in Havana, and also in Cadiz in 1833.
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787 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Pedro Gibert and OthersThe possibility of the Panda encountering the Mexican was discussed, with a table of calculations presented to the jury. These calculations aimed to demonstrate that the schooner was significantly ahead of the brig at the time the robbery occurred.Regarding the prisoners' alleged involvement in the slave trade, it was argued that before this could be held against them, the government should ensure it approached the court with integrity. It was undeniable that, despite New Englanders' objections to this trade, the entire country was involved in it at the time. As recently
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788 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The labors involved in this case have been unprecedented. We can find no parallel to them in the history of judicial proceedings in this country. None of us have yet broken down under the strain, although many times our bodies have been weary and our hearts sick and faint. Still, I do not believe these labors should be a subject of regret when we consider the great importance of the case now to be decided. It is significant because it involves the lives of twelve men and the interests of public justice, not only
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789 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe defendants have been instructed in matters of right; they have had counsel of their own selection; they have had the privilege of choosing their own jury from a large number of citizens collected from all parts of the vicinity. If ever there was a mode more calculated to secure the proper administration of justice, it is that adopted by us in this particular. They have had the advantage of the government's resources to procure any testimony within the process of the court. All witnesses whose testimony they desired are in
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790 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:But, gentlemen, all the indulgences I have enumerated have been granted not to facilitate the escape of guilt, but to afford protection to the innocent. Otherwise, our laws would be a mockery, and our courts of justice merely a theater where the prize of eloquence is to be won, and where, instead of protecting the rights of our citizens, guilt might revel in crime and defy discovery more than in any other place.If the prisoners are innocent, none of you, gentlemen, I am sure, will regret the length of time and the great labor
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791 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:On the 20th or 26th of August, a vessel commanded by Captain Gibert set sail, manned by a crew, part of whom were the prisoners at the bar. This fact was undeniable, as it was corroborated by the Custom House documents and the testimony of Perez and Guzman. Perez stated that the vessel sailed on the 20th or 26th, and the ship’s papers and Moro Pass, dated the 18th, lead us to believe that the voyage commenced on the 20th of August.The track of the Mexican vessel is before us, marked by the mate
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792 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Diack, with a white streak, noted that she had two small guns and something resembling a gun covered up amidships. She estimated the vessel to be about one hundred and fifty tons burden. Regarding this latter item—the amount of tonnage—allowances must be made for the state of alarm into which Capt. Butman was thrown. Mr. Peyton has explained how difficult it is to judge the tonnage of a vessel; he mentioned that he and his messmates were, in one instance, unable to decide within fifty or sixty tons the burden of the vessel in
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793 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe mate of the Mexican vessel and Perez both recount that the pirates took some spars, butter, and fowls from them. Perez observed this while in the maintop of the schooner. He also noted seeing smoke coming from the galley of the Mexican, and Captain Butman corroborates this by stating that his vessel was nearly set on fire. Witnesses from both vessels confirm that these events occurred on September 20th. Perez specifically mentions the 20th as the day the Panda captured the American brig, and the logbook of the Mexican records
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794 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:At the time she was taken, what became of them after they left the vessel? They sought refuge among the negroes and in the forest. How different was the conduct of the Portuguese, who shipped at Prince’s Island and had no concern with the robbery. One of them went on board the Panda immediately after the English had taken possession of her, and the other sought a passage home in a vessel lying very near the Panda. From the instructions of the captain of the Panda, I believe the whole affair was a regular
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795 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSPreviously, it was said that he could not read, yet he contradicted that assertion by reading in court. This circumstance would be one of the strongest proofs that he had testified truthfully. It would demonstrate that, however bad he was in other respects and whatever falsehoods he might have stated elsewhere, he had come into court on the present occasion with a full knowledge of his precarious situation. He was convinced that his life depended on his veracity and was determined to tell the truth, even if it meant contradicting anything
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796 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:764 X. AMERICAN STATE TRIALSThe gallantry with which they, upon all occasions, risked their lives in behalf of the general weal.November 24.JUDGE STORY'S CHARGEJudge Story:Gentlemen, this important and protracted case is now, I hope, drawing to a close. In terms of its duration and the extraordinary nature of the circumstances developed, it is without parallel in the history of our courts. Great diligence and exertion have been used to bring out the facts; those facts are now before the jury, and it is for you to decide as to the guilt or innocence of
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797 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Many things, said Judge Story, had been brought into the present case which he regretted. However, the counsel for the defense had undoubtedly done right in omitting nothing that might have occurred to their minds as likely to benefit the prisoners. The jury had been presented with many cases to illustrate the difficulty of deciding upon the identity of individuals. Some of these cases might be founded in fact, or they might, for all anyone could say to the contrary, be figments of the imagination. They were commonplaces of the law and had been
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798 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:766 X. AMERICAN STATE TRIALSHow could we support our claims to property, or claims of any other kind, but by human testimony? The only purpose for which these cases ought ever to be called before a jury is as a caution. If they were urged further than this, it would be an urging of the jury to betray their duty. He regretted seeing them introduced into an American court because our tribunals are not characterized by a thirst for blood. On the contrary, if we have anything of which we can justly boast, it
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799 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSLet them look at the conduct of Capt. Trotter. He was an officer of the British navy stationed on the coast of Africa, with directions to use his efforts in suppressing the slave trade. He was there discharging the particular duty assigned to him and was under no obligation to trouble himself about pirates. However, he received information about the robbery of the American brig and that the pirate was believed to be on the African coast. He immediately went in search of her. What motive could this gallant officer have
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800 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:768 &X. AMERICAN STATE TRIALSThe trial here was conducted with reference to certain suggestions and questions regarding whether money had been divided among the crew of the Curlew. This question was clear and understandable to everyone. As an individual, after the most careful examination, I must say that I found nothing in Captain Trotter's actions that a man in his position might not fairly do. The learned judge further stated, in reference to this matter, that if, in this first instance of national reciprocity, British officers found themselves accused without sufficient reason, it would
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801 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe crime attempted to be destroyed by fire was obvious. The individuals, whoever they were, after committing the robbery, had resolved to consummate their crime by sacrificing every member of the crew, murdering those against whom they could have no personal animosity, and whom they had never before seen. It was a horrible crime; however, the horror it incited was not, at the present time, to weigh against these prisoners in the minds of the jury. The jury was first to determine if the prisoners were guilty.Judge Story then proceeded to
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802 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsAs the American passed by the sufferers, the Spaniard stopped and saved them. However, the prisoner's guilt must outweigh all these considerations. We cannot dispense mercy; that is the attribute of a higher power. You and I, gentlemen, are bound to do our duty according to the law, and we would be false to our oaths, our country, and our God if we were to shut our eyes to the force of the testimony before us.The concluding part of the charge was very favorable to Portana, Velasquez, and Ferrer. No participation whatsoever,
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803 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:PEDRO GIBERT AND OTHERSFor years, more than one or two of the Southern States resisted. Congress could do no more than it did at the time of the formation of the Constitution. They wished to have prohibited the traffic at once, but there were opposing interests to be reconciled, and they had no other alternative than to sacrifice the Constitution or submit to a limited evil. They had many prejudices to overcome, and had they not secured the Constitution by a temporary sacrifice of their wishes, they never would have been able to destroy
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804 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The Clerk: Jurors, look upon the prisoner; prisoner, look upon the jurors. How say you, gentlemen, is the prisoner at the bar, Pedro Gibert, guilty or not guilty?The Foreman: Guilty.The same verdict was pronounced against De Soto (the mate), Ruiz (the carpenter), Boyga, Castille, Garcia, and Montenegro. However, Costa (the cabin boy), Ferrer (the negro), Guzman, Portana, and Velasquez were declared not guilty.The Foreman read to the Court the following recommendation to mercy:"The sympathies of the jury have been strongly moved in behalf of Bernardo De Soto, on account of his generous, noble, and
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805 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THE EXECUTIONDelargo committed suicide in Salem Jail before the trial. After the conviction, Da Soto, the first mate, was pardoned through the intercession of Mrs. David Lee Child, the wife of the counsel. A strong point in his favor was his bravery in rescuing a vessel under circumstances of great peril, along with her crew and passengers, consisting of women and children, as she lay aground on the Bahama Banks.The others were hanged at the Leverett Street Jail, and many people came in boats to witness the execution, which I saw. Boyga cut his
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806 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800The NarrativeThomas Cooper was an Englishman who had inherited a good fortune. He was trained as a lawyer but spent more time experimenting with acids and gases than studying law books or preparing legal briefs. His interest in chemistry eventually led him to master the subject.Cooper, Thomas (1759-1840), was born in London, England. He was educated at Oxford, studied law, and then turned to the natural sciences, particularly chemistry, over which he soon obtained mastery. However, he ventured into politics and fell out of
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807 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Thomas Cooper drifted into metaphysics, and from metaphysics, he transitioned to politics. In politics, he became so unpopular in England that he emigrated to the United States. Here, he began practicing law. Despite being an earnest Republican, a scholar, and a man of unquestionable ability, his clients were few. Consequently, he found himself needing to seek a government position. In 1797, the office of agent for American claims under the English treaty became vacant. His friend, Dr.Previously, he had been accused of various judicial misconducts. These included committing constables who refused to serve them,
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808 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Priestley suggested to him to apply for the position. Objections were raised that he was not a native and did not share the President's political views. Dr. Priestley considered such objections insignificant. He argued that if Mr. Adams intended to be the ruler of a nation and not merely the leader of a party, he would welcome the opportunity to demonstrate it. Consequently, Dr. Priestley wrote a letter to the President, presenting Cooper's name for the position. Cooper also sent a letter himself. However, the office was given to someone else, and no
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809 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Thomas CooperThomas Cooper was once asked if he was the same editor attacking the President who had previously sought office from the very man he now criticized. Cooper confirmed that he was indeed the same person and saw nothing improper in his actions. According to him, it was not he who had changed, but John Adams. In 1797, the President "was hardly in the infancy of political mistakes." At that time, Adams had not yet declared that a Republican government might mean anything; he had not sanctioned the Alien and Sedition Acts or the
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810 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:### The TrialIn the United States Circuit Court, Philadelphia, Pennsylvania, 1800.**Hon. Samuel Chase,****Hon. Richard Peters,**JudgesApril 11An indictment had been found against Thomas Cooper under the Sedition Act, which made it a crime to be punished by fine and imprisonment for anyone to print or publish any false, scandalous, and malicious writings against the Government, Congress, or the President, with intent to defame them, to bring them into contempt, or to excite the hatred of the people against them. This was for the following seditious libel against John Adams, President of the United States.The libelous
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811 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERThe case of Jonathan Robbins is a melancholy example of presidential overreach. As President of the United States, an individual interfered to influence the decisions of a court of justice—a stretch of authority that even the monarch of Great Britain would have hesitated to undertake. This interference was unprecedented, against the law, and devoid of mercy. Jonathan Robbins, a native citizen of America, was forcibly impressed by the British and delivered, with the advice of Mr. Adams, to the mock trial of a British court-martial. This case had not yet shocked the republican
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812 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Dr. Priestley exerted his influence in dispersing this very address, which he must have known was the offspring of disappointment and revenge.The address is as cunning and insidious a production as ever appeared in the Aurora or the old Chronicle, and as for impudence, it exceeds, or at least equals, Porcupine himself. Priestley and Cooper are both called upon to deny the above narrative. A recourse to the letters themselves would establish the accuracy of this anecdote, even to a syllable.Yes, I am the Thomas Cooper alluded to—luckily possessed of more accurate information than
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813 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERDr. Priestley had a conversation with me, urging me to ensure that Mr. Adams did not misunderstand my political views. As a result of this conversation, Dr. Priestley wrote the following letter, not a few months ago, but over two years ago.August 12, 1797Dear Sir,It was far from my intention or wish to trouble you with the request for any favors, even though it is now within your power to grant them. It is not at all probable that I shall ever take a second liberty of this kind. However, circumstances have arisen
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814 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Is this the letter of a man or not? I do not appeal to the cowardly propagator of anonymous falsehoods, but to the public. What is there in it of vanity or servility? Do not these letters take for granted that I am a Democrat, though not a disturber of all government? And that what I am, I shall remain, even though it be deemed a reasonable objection to my appointment? Is this, or is this not, adhering to my principle, whatever becomes of my interest?Nor is it true that my address originated from
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815 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERA case too little known, but of which the people ought to be fully apprised before the election, and they shall be.Most assuredly, had these transactions taken place in August 1797, then President Adams would not have been troubled by any request from Thomas Cooper.Northumberland, Nov. 2, 1797.The prisoner, without counsel, appeared on his own behalf and pleaded not guilty. The jury was then selected.William Rawle, District Attorney, represented the United States.At the outset, a question arose concerning the right of the prisoner to compel the attendance of several members of Congress (as
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816 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:It was with great regret that it was observed that anyone with a moderate ability to write believed they had the right to attack and undermine the authorities and officers appointed by the people of this country. It was intolerable that vile and infamous falsehoods could be uttered and published with impunity against the President of the United States, whom the people themselves had placed in that high office, and in which he has acted with much credit to himself and benefit to them.Thomas Cooper stands charged in the indictment as follows—(here Mr. R.
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817 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERThe confidence of the people, so necessary for conducting public business, was in direct opposition to the duties of a good citizen. Mischiefs of this kind were to be dreaded in proportion to how uninformed the surrounding country was. A man of sense and education had more power to extend the mischief he was inclined to propagate. The government should not encourage the idea that they would not prosecute such atrocious conduct. If this conduct were allowed to pass, the peace of the country would be endangered.Error leads to discontent, discontent to a
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818 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:786 X¥. AMERICAN STATE TRIALSIf my motives were to publish a foul and infamous libel on the character of the President, to incite hatred and contempt against him among the people of this country through gross and malicious falsehoods, then indeed it would be my duty to be brought before this tribunal. It would be yours to convict, and the duty of the court to punish me.However, I hope that during the course of this trial, I will be able to prove to your satisfaction that I have published nothing that truth will not
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819 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERThe other too little influence on the measures of government. One is friendly, the other hostile, to a standing army and a permanent navy. One believes they are necessary to repel invasions and aggressions from without, and commotion within; the other believes that a well-organized militia is a sufficient safeguard for all that an army could protect, and that a navy is more dangerous and expensive than any benefit derived from it can compensate. One thinks the liberties of our country are endangered by licentiousness, the other by the restrictions of the press.
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820 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:788 ZX. AMERICAN STATE TRIALS.Alluded to in the indictment, you will reverence as you ought the sacred obligation of the oath you have taken.Gentlemen of the jury, I acknowledge, as freely as any of you can, the necessity of a certain degree of confidence in the executive government of the country. However, this confidence ought not to be unlimited and need not be paid in advance; let it be earned before it is reposed. Let it be claimed by the evidence of benefits conferred, by measures that compel approbation, and by conduct that is
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821 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERClose all the avenues of information and throw a veil over the grossest misconduct of our periodical rulers?After offering these preliminary remarks, I shall give an account of the paper on which I am accused and then proceed to examine the charges of the indictment in the order in which they are laid. Much that I intended to advance I must relinquish, so as not to trespass too long on your time or weaken the effect of my own defense by fatiguing your attention.The sacred paper now handed to me by the Attorney
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822 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:790 X. AMERICAN STATE TRIALS.In this paper, which you will have before you when you retire, I shall not read at length. This application was from one friend to another; on the face of it, a confidential communication, although containing nothing but what might do credit to all the parties concerned. Mr. Adams, however, did not consider it so confidential, and from some disclosure on his part, has arisen the base and cowardly slander that initially dragged me before the public to vindicate my moral and political character. It has now brought me before
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823 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERMay it be considered seditious to say the President is mistaken? Before you can condemn me for this kind of sedition, you must become Catholic believers in this new-fangled doctrine of infallibility. I know that in England the king can do no wrong, but I did not know until now that the President of the United States had the same attribute.I have said (and I am accused of saying it) that "even those who doubted his capacity thought well of his intentions." Is it a crime to doubt the capacity of the President?
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824 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:792 XY. AMERICAN STATE TRIALSAnother, in a form more portable and convenient, purports to be a selection of addresses and answers to and from the President during the summer of 1798. Not having been able to procure official copies of the documents I wished to refer to, I must offer in evidence such publications as I can find. These are the types of publications upon which, in fact, the public mind is usually made up and upon whose authority the electors of this country determine the characters whom they honor with their suffrage.Indeed, if
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825 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPER, 793Where there is no reasonable suspicion or assignable motive for why the publications I offer should misrepresent the transactions I allude to, the probability is in favor of their accuracy. This is especially true when the printers of these publications are severely punishable for willful misrepresentation or gross mistakes in detailing the public acts of government.Judge Peters: I admit a great many things from Mr. Cooper, who is without counsel, which I would not admit from others.Judge Chase: You may read anything and everything you please.Mr. Cooper went on to argue at
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826 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper as a whole, to attribute its publication to malice. It is not voluntary but compelled by the force of circumstances. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my
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827 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the act which defines this offense and outlines the punishment, a liberality of defense is provided, which is unknown, I believe, in any other country where the party is tried for a libel on 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 the law and the facts under the direction of the court. The true spirit of the law is that the defendant shall
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828 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe its publication to malice. It is not voluntary but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof from among my friends and neighbors to support
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829 Sheet – American State Trials 1918 Volume X Leo Frank Document
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
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830 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, even if his public conduct is wrong. I believe I can even now bring enough proof from among my friends
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831 Sheet – American State Trials 1918 Volume X Leo Frank Document
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, to my knowledge, unknown in any other country where a party is tried for 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 libel in the publication. The jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not be
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832 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:794 XY. AMERICAN STATE TRIALSGentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. But I think it is impossible, if you consider the paper altogether, that you can ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof
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833 Sheet – American State Trials 1918 Volume X Leo Frank Document
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, to my knowledge, unknown in any other country where a party is tried for 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 libel in the publication. Furthermore, the jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not
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834 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to attribute its publication to malice. The force behind it is not voluntary, but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my friends and
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835 Sheet – American State Trials 1918 Volume X Leo Frank Document
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, to my knowledge, unknown in any other country where a party is tried for a libel against the government. Here, the defendant is allowed, under the third section of that act, 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
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836 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The text clearly demonstrates a settled intention to persuade the public that the President of the United States is unfit for the high office he holds. You must be fully convinced of this from the entire tenor of the expressions presented to you in the indictment.It is far from my intention to press hard on any part of his lengthy address to you or to exploit any unguarded expression that he might have omitted or corrected upon more deliberate consideration. However, I cannot help but notice from the overall tone of his current argument,
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837 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERThroughout the quotations he has made, particularly from the addresses to the President and the answers to them, there has been a series of misrepresentations. It will be my duty to address these when I consider that part of the charge and his vindication of it. It is fair to observe that if, from the perusal of partial extracts and passages selected from various publications, he has thought it proper to publish a libel, such as that for which he is indicted, against the character of our President, there is no excuse for
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838 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:798 X. AMERICAN STATE TRIALSThe defendant aimed to justify his own conduct and language throughout. You, gentlemen of the jury, under the direction of the court, will decide whether he has presented to you such a justification as will entitle him to your verdict in his favor.THE CHARGE TO THE JURYJudge's Charge: Gentlemen of the jury, when individuals are found rash enough to commit an offense such as the one the defendant is charged with, it becomes the duty of the government to ensure they do not go unpunished. It is my duty to
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839 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERLibels against themselves. If a man attempts to destroy the confidence of the people in their officers, their supreme magistrate, and their legislature, he effectively undermines the foundation of the government. A republican government can only be destroyed in two ways: the introduction of luxury or the licentiousness of the press. The latter is the slower but most certain means of bringing about the destruction of the government. The legislature of this country, knowing this maxim, has thought it proper to pass a law to check this licentiousness of the press. By a
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840 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:800 X, AMERICAN STATE TRIALSThe import of the publication is significant since the offense is committed by the two coupled together.First, let's address the publication.The fact of writing and publishing is clearly proven; in fact, it is not denied. It is proven to have taken place at Sunbury, a considerable distance from the seat of government. Evidence shows that the traverser went to the house of a justice of the peace with this paper, whom, of all others, he ought to have avoided. He must have known that it was the duty of the
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841 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERThe duties of his high station render him unfit for the important office to which the people have elected him. The motives and intent of the defendant, not the President, are the subjects to be inquired into by you.Now, let us consider this libel as published by the defendant and examine his motives. You will find the defendant speaking of the President in the following words: "Even those who doubted his capacity thought well of his intentions." The defendant might have supposed this to be a compliment regarding the President's intentions, but I
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842 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Ladies and gentlemen, again, if you believe this, what opinion can you form of the President? Certainly, the worst you can form. You would certainly consider him totally unfit for the high station which he has so honorably filled, and with such benefit to his country.The traverser states that, under the auspices of the President, "our credit is so low that we are obliged to borrow money at eight percent in time of peace." I cannot suppress my feelings at this gross attack upon the President. Can this be true? Can you believe it?
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843 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERFrom: an interference without precedent, against law and against mercy. Is not this an attack and a most serious attack on the character of the President?The traverser goes on thus: "This melancholy case of Jonathan Robbins, a native of America, forcibly impressed by the British, and delivered, with the advice of Mr. Adams, to the mock trial of a British court martial, had not yet astonished the republican citizens of this free country. A case too little known, but of which the people ought to be fully apprised before the election, and they
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844 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:804 ¢ X. AMERICAN STATE TRIALS.Liberties. They should be under no influence—they are only accountable to God and their own consciences—your present judges are in that situation.There is a small circumstance which the Attorney General, in his observations to you, omitted to state, but which I think it is right to recall to your recollection, as it reveals the intent behind the traverser's publication. In his allusion to Jonathan Robbins, he expressly tells you this is "a case too little known, but of which the people ought to be fully apprised before the election,
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845 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPER. 805Countries of the other, provided this shall be done only on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the offense had been there committed. If the President, therefore, by this treaty, was bound to give this Nash up to justice, he was so bound by law; for the treaty is the law of the land. If so, the charge of interference to influence the decisions of a court
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846 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:No court of justice here has jurisdiction over the crime of murder committed on board a British ship of war. When the British government requested the President to deliver this man up, it became necessary to determine whether there was sufficient evidence of his criminality pursuant to the treaty. Consequently, the judge of the court of Carolina was called upon to inquire into the evidence of his criminality. He acted as the instrument used by the President to ascertain that fact.The delivery of the accused was a necessary act of the President, which he
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847 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERFrance—neither of these can, with any propriety, be called a standing army. In fact, we cannot have a standing army in this country, as the Constitution has expressly declared that no appropriation shall be made for the support of an army longer than two years. Therefore, since Congress may appropriate money for the support of the army annually and are obliged to do it only for two years, there can be no standing army in this country until the Constitution is first destroyed.There is no subject on which the people of America feel
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848 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:808 X. AMERICAN STATE TRIALS.Expressions of attachment and confidence in the President, along with a determination to resist the oppression of the French government, were conveyed through various addresses. The President replied to these addresses with responses that generally echoed their sentiments. In fact, his expressions were as general as the nature of the addresses would permit. Therefore, the traverser ought to have blamed the addressers, not the President. For instance, the Marine Society of Boston, composed of seasoned seamen, addressed the President in favor of a navy. In reply, the President agreed that
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849 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERUnited States, you must acquit him; if he has proved the truth of the facts asserted by him, you must find him not guilty.THE VERDICT AND SENTENCEThe jury retired and returned with a verdict of guilty.Judge Chase: Mr. Cooper, as the jury has found you guilty, we wish to hear any circumstances you have to offer in mitigation of the fine the court may think proper to impose on you, and also in extenuation of your punishment. We would therefore like to know your situation in life, particularly regarding your circumstances. It will
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850 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:I am sorry you did not think it proper to make an affidavit regarding your circumstances. You are a perfect stranger to the court, at least to me. I do not know you personally—I know nothing of you beyond having recently heard your name mentioned in some publication. Everyone is aware of the political disputes that have existed among us. It is well-known that there are two parties in the country; you have stated this yourself. You have taken one side—we do not claim that you do not have the right to express your
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851 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:THOMAS COOPERYou, the jury, have found otherwise. You are a gentleman of the profession, possessing such capacity and knowledge that it is more within your power to mislead the ignorant. I do not wish to oppress, but I will restrain, as far as I can, all such licentious attacks on the government of the country.Mr. Cooper, I have been asked by the court whether, in the case of a fine being imposed upon me, I shall be supported by a party. Sir, I solemnly aver that throughout my life, here and elsewhere, among all
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852 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:B12 X. AMERICAN STATE TRIALSI have hitherto neither accepted nor rejected the offers. If the court imposes a fine beyond my ability to pay, I shall accept them without hesitation. However, if the fine is within my means to discharge, I shall pay it myself. The insinuations of the court are unfounded, and if you, sir, have been tempted by misapprehension or misinformation to make them, your mistake should be corrected.Judge Perkins: I believe we have nothing to do with parties; we are only to consider the subject before us. I wish you had
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853 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The Trial of James Thompson Callender for Seditious Libel, Richmond, Virginia, 1800The NarrativeThis was the last of the great trials under the Federal Sedition Act and the most celebrated. The libel was directed against the President of the United States, and the tempest which the trial excited, as Dr. Wharton notes, can now hardly be understood. Virginia had joined Kentucky in declaring the law void within her borders, viewing it as a menace to the freedom of the press and a breach of the liberties guaranteed by the Constitution. There was no popular sympathy
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854 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Callender was a notorious literary hack, whose scurrilous pen was at the service of the highest bidder. To read his book, "The Prospect Before Us," and claim the writer was not guilty of sedition was impossible. However, what became of Callender was of little consequence, as everyone knew the real contest would be between the Republican lawyers of the Virginia bar and Judge Samuel Chase. Chase was the most reckless, partisan, and fearless judge on the bench of the Circuit Court.Long before the trial opened, statements were made and sworn to that Chase
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855 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe reckless conduct of Judge Chase in the courtroom can only be explained by his awareness that it was to be a struggle to the death between himself and the distinguished lawyers Virginia had sent against him: Edmund Randolph, George Hay, William Wirt, and Philip Nicholas.The indictment made no mention of the book "The Prospect Before Us." Instead, a few sentences, by no means the bitterest that could be found, were chosen as the basis of the case. Callender wrote that the reign of Mr. Adams had been one continuous tempest of
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856 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Then Chase grew angry and, as he would have said, took the lawyers in hand. When Mr. Hay argued that Giles' evidence would help determine whether Callender's pamphlet consisted of libelous statements or merely questions of opinion—matters that the jury would need to consider when assessing the fine—Chase thundered, "That is a wild notion; it is not the law," and ordered the jury to be empaneled and the trial to proceed.Mr. Nicholas challenged the entire panel of jurors, but he was flouted and routed with a finality that not only overruled his objections but
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857 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe prosecution, having established that the prisoner was the author of "The Prospect Before Us," introduced the entire pamphlet as evidence. The defense protested, arguing that only the sections cited in the indictment should be considered by the jury. This was especially pertinent given the court's decision that the jurors were only concerned with the specific offense charged in the official documents and should not be influenced by any prejudices against the pamphlet as a whole. However, the judge countered that the prisoner was on trial for writing "The Prospect Before Us"
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858 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:818 X. AMERICAN STATE TRIALSThe defense attempted to take advantage of the existing prejudice against the Sedition Law. However, when Mr. Wirt began to argue against the constitutionality of the law, Judge Chase ordered him to his seat, and he quietly obeyed."Hear my words!" shouted the Judge. "I wish the world to know them! My opinion is the result of mature deliberation!"No sooner had Chase concluded his pompous proclamation than Mr. Wirt once more turned to the jury. Quoting directly from the third section of the Sedition Act, which provided that the jury "should
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859 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERJames Thompson Callender was fined two hundred dollars and required to find sureties for good behavior for a period of two years.Five years later, Chase was impeached before the Senate of the United States for oppressive and vexatious conduct during the trial and indecent solicitude for the conviction of the accused.THE TRIALIn the United States Circuit Court, District of Virginia, Richmond, June 1800.Hon. Samuel Chase and Hon. Cyrus Griffin, Judges.On May 28, James Thompson Callender was indicted under the Sedition Law by a grand jury for a seditious libel upon John Adams,
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860 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The same system of persecution has been extended all over the continent. Every person holding an office must either quit it or think and vote exactly with Mr. Adams. Adams and Washington have since been shaping a series of these paper jobbers into judges and ambassadors, as their whole courage lies in a lack of shame. These poltroons, without risking a manly and intelligible defense of their own measures, raise an affected yelp against the corruption of the French Directory, as if any corruption could be more venal, more notorious, or more execrated than
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861 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER, 821Twenty-five thousand dollars a year, with the petty parade of his birthday, with the importance of his name sticking in every other page of the statute book. Alas! he is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, and with Kentucky holding him in defiance, having renounced all his original principles and affronted all his honest friends, he cannot enjoy the sweet slumbers of innocence. He cannot hope to feel the most exquisitely delightful sensation that ever
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862 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Mr. Nickolas presented an affidavit made by the prisoner and moved for a continuance. The affidavit alleged that the following persons are material witnesses in his defense: William Gardner of Portsmouth; Tench Coxe of Philadelphia; Judge Bee of South Carolina; Timothy Pickering, late of Philadelphia; William B. Giles of the County of Amelia; and Gen. Blackburn of the County of Bath.He expects to prove by William Gardner that he was the Commissioner of Loans for the State of New Hampshire under the government of the United States and that he was removed from the
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863 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER, 823James Thompson Callender claims that he can prove, through William B. Giles, that the President of the United States has expressed in conversation with him a sentiment to the effect that he believed the executive department of the United States ought to be vested with the power to direct and control the public will.He believes he will be able to prove, through General Blackburn, that he received an address from John Adams, President of the United States, in response to the field officers of Bath County. In this address, the President
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864 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The Court had declared the evidence of Mr. Giles to be material, not only in express terms but also by a partial postponement, implying that the trial should not proceed until his personal attendance could be secured.Mr. Hay then requested the Court's attention to additional reasons that convinced him the motion should be granted. The laws and customs of the State of Virginia supported the motion. In this state, when an indictment for misdemeanor is found, the party is not immediately arrested and brought into court; instead, a summons is issued, returnable to the
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865 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Thompson CallenderThe second section of the sedition law made falsehood, as well as scandal and malice, an essential part of every libel. By the last sentence, the party accused is allowed to show in his justification the truth of the matter charged to be libelous.He would not pretend to say definitively what ought to be the construction of that law. However, the opinion he had been able to form after a very short consideration of the subject was that the object of the law was to punish a man not for abuse nor
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866 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:826 X. AMERICAN STATE TRIALSWhen one accused another of being a thief, the accuser could support the charge by proving that the accused had taken property secretly, without the consent or knowledge of the owner. Regarding evidence in such a matter, all people of common understanding would form the same opinion. However, what kind of evidence would be necessary to prove the initial words of the indictment, that the reign of Mr. Adams had been one continuous tempest of malignant passions? The circumstances to which the writer might allude, and which convinced him that
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867 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERDifferent political opinions, furnished with the same materials of information, would form conclusions diametrically opposite. Let them take for their guide the vindication of the Constitution of the United States. Many were perfectly satisfied that the President of the United States, instead of approving the Federal Constitution, was of the opinion that a government composed of an hereditary chief magistrate, a Senate, and a House of Commons or representatives chosen by the people, was better calculated than any other to secure the liberties and promote the happiness of the people. I will
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868 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:828 X, AMERICAN STATE TRIALSThe defendant wished that the executive had the power to control the public will.This testimony, when compared with the President's records, will substantiate the charges in the book written by Mr. Callender. It strongly supports the charges in dispute and directly addresses the part of the indictment where the President is accused of being a professed aristocrat. It has been stated that, although there are nineteen charges in the indictment against the defendant, even if we prove eighteen of them to be true, he must still be found guilty because
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869 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERIt is crucial to demonstrate that the decision is right; for if the defendant is found guilty when his witnesses are absent and counsel unprepared, the verdict will not satisfy the public mind of his guilt.Jvupez CaseIt is wholly improper to revisit the former motion. Gentlemen, you misapprehend the intention of the court in postponing the case until today—you ought to confine yourselves to the present motion. Two reasons are given for postponing the trial: first, that Mr. Giles is absent, and it is inferred that the court, by not ruling a
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870 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The counsel are unprepared to defend the traverser. You show yourselves to be men of ability, and there is no difficulty in the cause; but you say that you are not ready to discuss the difference between fact and opinion. You argue that the charges in the indictment are merely opinions and not facts falsely asserted. Must there be a departure from common sense to find a construction favorable to the traverser? This construction admits the publication but denies its criminality.If the traverser certainly published that defamatory paper, read it and consider it. Can
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871 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDEROn the second trial, every juryman was called to say whether he had formed any opinion on the subject or not.Judge Chase: My interpretation of the law is quite the contrary. I have always seen triers sworn to decide these questions. How is this done in your country? Challenges for favor must be decided by triers. I suppose there must be triers sworn.Mr. Nicholas: I believe the books lay down this distinction. Challenges to the array are either principal challenges or challenges for favor. Causes for principal challenges are always tried by
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872 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The first juror was sworn in, and the Judge put the following question to him: "Have you ever formed and delivered an opinion upon the charges contained in the indictment?" The juror answered that he had never seen the indictment nor heard it read. The Judge then said he must be sworn in chief.Mr. Hay asked for permission to put a question to the juror before he was sworn in chief.The Judge wanted to know what sort of question Mr. Hay intended to ask and told him he must first hear the question. If
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873 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe book was published with the charges that were false, scandalous, and malicious, and it was claimed that they were written with the intent to defame. It was stated that if he could prove the charges, he must be acquitted. The same question, "whether they had formed and delivered an opinion on the charges against the traverser," was put by the judge to eight of the other jurymen successively before they were sworn in chief, and they all answered in the negative.Mr. Hoy said that it was unnecessary to put this question
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874 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The text accuses the President of the United States of converting to a presidential system that leads to a French war, an American navy, a large standing army, an additional load of taxes, and all other symptoms and consequences of debt and despotism. It also includes false, scandalous, and malicious words suggesting that "the same system of persecution has been extended all over the continent, and every person holding an office must either quit it or think and vote exactly with Mr. Adams," referring to the President of the United States.Furthermore, it accuses Mr.
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875 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThere is distinct and additional evidence that he was determined, at all events, to embroil this country with France. Furthermore, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "Mr. Adams" (meaning the said President of the United States) "has only completed the scene of ignominy which Mr. Washington began."Additionally, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "This last presidential" (meaning the said President of the United States) "felony will be buried by Congress in the
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876 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:President of the United States, with his (meaning the said President) twenty-five thousand dollars a year, with the petty parade of his (meaning the said President) birthday, with the importance of his (meaning the said President) name sticking in every other page of the statute book. Alas! he (meaning the said President of the United States) is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, with Kentucky holding him (meaning the said President) in defiance, having renounced all his original
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877 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Thompson Callender, in the pursuit of defaming the President of the United States and intending to bring him into contempt and disrepute, sought to incite hatred among the good people against him. Within the district and jurisdiction of this court, he wickedly and maliciously caused, or procured, the printing and publishing of a false, scandalous, and malicious writing against the President of the United States. The content of this writing was as follows:"The reign of Mr. Adams (meaning John Adams, Esquire, President of the United States) has hitherto been one continual tempest of
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878 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:838 X. AMERICAN STATE TRIALSObscurity or shine in want, ask Mr. Adams (meaning the said President of the United States) whether it was proper to heap so many myriads of dollars upon William Smith, a paper jobber, who next to Hamilton and himself (meaning the said President of the United States) is perhaps the most detested character on the continent (meaning the United States of America).And also the false, scandalous, and malicious words of the tenor and effect following: "You (meaning the people of the United States) will then take your choice between innocence
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879 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERUnited States] to plunge his country into the most expensive and ruinous establishments. In the first two years of his presidency, he has contrived pretenses to double the annual expenses of government by useless fleets, armies, sinecures, and jobs of every possible description.And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: “By sending these ambassadors to Paris, Mr. Adams and his British faction, designed to do nothing but mischief."And also the false, scandalous, and malicious words of the tenor and effect following, that
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880 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsEfforts for provoking a French war. And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: "For although Mr. Adams were to make a treaty with France, yet such is the grossness of his prejudice, and so great is the violence of his passions that under his administration, America would be in constant danger of a second quarrel."Also, the false, scandalous, and malicious words of the tenor and effect following, that is to say: "When a chief magistrate is both in his speeches and
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881 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER, 841Consider the hatred of the good people of the United States towards him. It will be for you, gentlemen of the jury, in this case, to determine whether the traverser has, or has not, been the publisher of this paper. Once this point is ascertained, it will be for you to consider with what intent and for what purpose a paper like this has been composed and published.If you believe it to be a candid and fair discussion of constitutional subjects, real grievances, or political opinions and principles generally, you will
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882 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:AMERICAN STATE TRIALSThe court would like to make it known to those who are in any way implicated that they are not obligated to incriminate themselves. They may withhold any part of their evidence that has a tendency to incriminate them if they think it proper.**Judge Chase:** This is correct. Every person involved in the publication is protected by law from being compelled to incriminate themselves. However, I suppose if any of them provide evidence, the Government of the United States is pledged not to initiate a prosecution against them. They can be assured
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883 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe handwriting of Mr. Callender has been verified. I have seen Mr. Callender write; he once took the debates in the House of Assembly for me.(The book and manuscript sheets were compared and found to correspond.)**Meriwether Jones**: I had never read the book until after the presentment was made, except for a few passages, and perhaps about thirty-three pages. Not a word of it was printed at my office, though I sold some of the copies for the benefit of Mr. Callender. I only possessed one copy, which I found where Mr.
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884 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:My stating to the court the reasons which have led me to this conclusion may subject me to the imputation which has more than once fallen from the bench. It has been the pleasure of the court to observe that the defense has been conceived and continued in error. What I am about to say will not, perhaps, induce the court to change that opinion. It is with great diffidence that I address the court on a subject which I have not had sufficient leisure to investigate. If, unfortunately, my conception of this law
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885 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER, 845A prosecution by information was initiated against the Chevalier De Ou for publishing a libel against the Count de Guerehy, ambassador from France. The prosecution commenced in the Court of King's Bench. The information states the title and the name of the libel fully and literally, as it was published in French, and then provides the translation in English at full length. I present these cases to demonstrate what the practice is; and it is an observation of one of the best judges who ever sat in the King's Bench, Lord
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886 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, if the charge is not accurately specified, it becomes impossible for the defendant to properly defend themselves. Evidence pertaining to either case might be presented in support of this indictment.Had the indictment charged him with publishing a book entitled "The Prospect Before Us," he would have known with absolute certainty and clarity (by the copy provided to him) what was meant to be proved against him and what was necessary for him to prove in his own defense. As this is not the case, and since he
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887 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERJudge Chase requested Mr. Hay to point out the specific parts of the authorities he referred to, on which he relied to establish his doctrine.Mr. Hay responded, "If the court will have a little patience, I will find the places."Judge Chase replied, "I will have a great deal."Mr. Hay continued, "The authorities I rely on are Hawkins’ Pleas of the Crown and Salkeld’s Reports, page 660. In this last book, it is adjudged that when an indictment uses the words 'secundum tenorem et effectum,' it binds the prosecutor to a literal recital;
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888 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:President of the United States, and to bring him into contempt and disrepute, and to excite the hatred of the good people of the United States against him, did wickedly and maliciously write, print, utter, and publish a false, scandalous, and malicious writing against the President of the United States, of the tenor and effect following, that is to say: "The reign of Mr. Adams has hitherto been one continued tempest, etc."Now, what is the law? The act of Congress provides, among other things, that "if any person shall write, print, utter, or publish,
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889 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The purpose of requiring that the charge against a defendant be explicit is to ensure that the defendant can clearly comprehend it and be prepared to make a defense. It is not necessary for this purpose to recite the name of the libel. The charge against the defendant is very explicit, and he understands it well and is prepared to defend it. However, it is no criticism of his counsel that they argue this point in his favor.You further argue, on the supposition that if a subsequent prosecution were to be instituted for the
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890 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:850° X. American State TrialsThe title must be copied in the indictment verbatim et literatim. I wonder you did not add et punctuation also. There is no real variance, and there is an end to the objection. You are mistaken. I pronounce this to be the law, and I shall instruct the jury that they may find the traverser guilty of part of the charges and acquit him of those not proved.It is not necessary for the attorney for the United States to make any reply, as there is no good reason to exclude
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891 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERMr. Nelson, although the paper is long and complicated, the testimony is not so. The testimony, as I stated to you before, is concise, plain, and correct. If there be a man who, now that he has heard that testimony, entertains a doubt......almost any which the old confederation ever endured. The tardiness and timidity of Mr. Washington were succeeded by the indolence of Adams.Idem: "Under the old confederation, matters never were, nor could have been conducted so wretchedly as they actually are, and have been under the successive monarchs of Braintree and
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892 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Whether this libel was published by the traverser, it will be useless for me to address him. If there is a man who doubts on that point, his mind must be impervious to the traits of truth; his mind must be panoplied over with doubt and skepticism.The blockade was one issue, and the other was to redeem the prisoners whose deliverance he had prevented some years before. On this occasion, Mr. Washington displayed the same lack of wisdom and economy that marks almost every other part of his administration.Pages 47 and 48: "The first
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893 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Thompson CallenderIf no doubt remains on this point, the question first in order to be examined is decided. Whether there is room for doubt, a summary review of the testimony will ascertain. Can there be a doubt—when all the witnesses have concurred in establishing this one point—that James Thompson Callender corrected the proof sheets? Can there be a doubt when those who sold the copies of the book have all said that?As president, he has never opened his lips nor lifted his pen without threatening or scolding. The grand object of his administration
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894 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:They sold them for his benefit, and he received the money. When it has been proven that he received the money from one purchaser himself and that he paid for printing part of it—that part of the manuscript is in his own handwriting—can there be any doubt? In addition to this, one witness declares that he knew him to be involved with the blood of the poor, friendless Connecticut sailor. I see the tear of indignation starting on your cheeks. You anticipate the name of John Adams.1. Every feature in the conduct of Mr.
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895 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERJoint publisher with himself, and another witness declared that he explained the meaning of a certain term, supposed to be ambiguous in its application. Is it possible to entertain any doubt? Thus stands the evidence as to the publication.It will be proper for me, gentlemen of the jury, to state to you what constitutes a publication in point of law, as it pertains to writing or printing. The direct or indirect circulation or emission of a libel is considered a publication thereof, in law and in fact, and this has never been
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896 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:856 & AMERICAN STATE TRIALSThe second question will decide whether your hearts are at ease, whether your passions are untouched, and whether your feelings are unaffected now that you have fully heard the charge. You know best. It remains only for me, gentlemen of the jury, to call upon you, in the name of your country, whose interests you are to defend while you protect the rights of the individual. I call upon you in the name of your God, a portion of whose justice you are about to administer, and on your oaths,
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897 Sheet – American State Trials 1918 Volume X Leo Frank Document
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
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898 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:858 &X. AMERICAN STATE TRIALS.The questions intended to be put, and which were propounded by Mr. Nicholas, declared Colonel Taylor’s evidence to be inadmissible. No evidence, he said, is admissible that does not justify the whole charge. The charge you mean to justify by this witness, as I understand you, is that the President is a professed aristocrat and that he has proved serviceable to the British interest. You must prove both these points, or you prove nothing. Now, as you do not attempt to prove the whole of one specific charge, but only
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899 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERGranting you a writ of error in the Supreme Court is on these grounds that I reject the evidence of the gentleman. The very argument assigned by the young gentleman who spoke last has convinced my mind that I am right. The offered testimony has no direct and proper application to the issue; it would deceive and mislead the jury. An argumentative justification of a trivial, unimportant part of a libel would be urged before a jury as a substantial vindication of the whole. By misleading the jury under such legal testimony,
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900 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the opinion given by the court, I understand that evidence cannot be produced by the traverser to prove the truth of only a part of a charge. However, if evidence could be adduced to prove the entire charge, then such evidence would be admissible. One specific charge is twofold: that the President is an aristocrat and that he proved serviceable to British interests.We believe the evidence will support this charge. We wish to prove the truth of the entire charge if we can, though I am not certain it is within our power.
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901 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDEROther testimony, however irregular or improper, might also be admitted. Particularly, it would be a departure from the universal principle of law, which requires the production of the best testimony that the nature of every case admits. The journals and records of Congress are the best evidence of what votes have been given on any subject discussed before that body.John Chase, Mr. Nelson: Being very much pressed by the young gentlemen who defend the traverser to admit this testimony, I was going to recommend that you permit those questions to be put
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902 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, the question arises whether juries have the right to determine both the law and the facts. In Virginia, an act of the assembly has adopted the common law of England; therefore, this common law possesses all the authority of a legislative act within the state. According to an act of Congress, the rules of proceedings in the Federal courts in various states are directed to conform to the rules of the states in which such courts may be in session. By that act of Congress, it is
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903 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe question of whether a petit jury has the right to decide on the constitutionality of a law is one that I have deliberately considered. I am ready to explain my reasons for concluding that the jury does not possess this right and that granting such power would be extremely dangerous. Hear my words: I wish the world to know them—my opinion is the result of mature reflection.Mr. Wirt: I shall state to the court, in a few words, the reasons which have led me to attribute this right to the jury.
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904 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:As challenging as the task may be, I shall offer a few observations to show that they have this right. I intend to defend Mr. Callender by establishing two points.First, a law contrary to the Constitution is void. Second, the jury has the right to consider both the law and the facts. It seems to be universally acknowledged that when the legislature exercises a power not granted by the Constitution, the judiciary will disregard their acts. The second point, that the jury has the right to decide the law and the facts, appears equally
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905 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERAccording to the dictates of conscience and the laws of the country, controlling them would endanger the right of this most invaluable mode of trial.I have understood that some reliance would be placed on two decisions of the courts of this State, in which they determined two acts of our legislature to be unconstitutional. However, when we analyze these decisions, they do not authorize the belief that the jury lacks the right I contend for. They only prove that the judiciary can declare legislative acts to be unconstitutional; they do not prove
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906 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:866 X. AMERICAN STATE TRIALSYour Honor, the arguments I shall present are directed to the court, not intended for the jury or the numerous audience present. This decision holds significant importance; much of the public happiness, peace, and liberty depend on the final verdict pronounced on this matter. Initially, I had doubts, but a calm and dispassionate inquiry, along with the most temperate investigation and reflection, has led me to believe and assert that the jury has the right to determine every question necessary before a sentence can be pronounced upon the defendant.I contend
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907 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERI wish to interrupt them improperly; there was no occasion to be captious, and concluded thus, "Act as you please, sir."Judge Chase, I will assign my reasons why I will not permit the counsel for the traverser to offer arguments to the jury, urging them to do what the Constitution and law of this country will not permit. If I should allow it, I would, in my judgment, violate my duty, disregard the Constitution and law, and surrender the judicial power of the United States—that is, the power entrusted by the Constitution
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908 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, the statute under which the defendant, referred to as the traverser, is indicted provides an excuse if the allegations contained in the publication are proven true. If not all of the twenty sets of words stated in the indictment as charges against the traverser are proven, or if the traverser can prove any of them to be true, the jury will acquit him of those charges not established against him, as well as those he can prove to be true. The jury will then find him guilty
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909 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case before them, the jury's role is to determine the facts and not to decide whether a statute of the United States is a law or whether it is void based on the opinion that it is unconstitutional, meaning contrary to the Constitution of the United States. I acknowledge that the jury must compare the statute with the facts presented and then decide whether the actions taken are prohibited by the law and whether they constitute the offense described in the indictment. This power is necessarily possessed by the jury to enable
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910 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:If anyone can be so weak in intellect as to entertain this opinion of Congress, they must give up the exercise of the power when informed that Congress had no authority to vest it in any body whatsoever. This is because, as I will hereafter show, the Constitution expressly grants this right to the judicial power of the United States, and it is recognized by Congress through a perpetual statute. If the statute were to be held void by a jury, it would seem that they could not claim a right to such a
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911 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The effects of the exercise of this power by petit jurors may be readily conceived. It appears to me that the right now claimed has a direct tendency to dissolve the Union of the United States, on which, under Divine Providence, our political safety, happiness, and prosperity depend.No citizen of knowledge and information, unless under the influence of passion or prejudice, will believe, without very strong and indubitable proof, that Congress will intentionally make any law in violation of the Federal Constitution and their sacred trust. I admit that the Constitution contemplates that Congress
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912 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Among other things, it is declared that the Constitution shall be the supreme law of the land. By the third article, it is established that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish; and that the judicial power shall extend to all cases in law and equity, arising under the Constitution and laws of the United States."Among the cases which may arise under the Constitution are all the restrictions on the authority of
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913 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:If this exposition of this solemn obligation is substantially correct, I cannot believe that any person with the same understanding of it will maintain that a petit jury can rightfully exercise the power granted by the Constitution to the Federal judiciary.From these considerations, I draw the conclusion that the judicial power of the United States is the only proper and competent authority to decide whether any statute made by Congress (or any of the state legislatures) is contrary to, or in violation of, the Federal Constitution.This was the opinion of the Senate and House
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914 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of the United States, the statute was challenged but ultimately deemed constitutional by the courts, and their decision was accepted.I came across a report of a case, Kamper v. Hawkins, decided in 1793 in the general court of this commonwealth. The case concerned the constitutionality of a law that granted district courts the power to issue injunctions in certain situations. The judges of the general court, by a four-to-one decision, determined that the law was unconstitutional and void.Yesterday, I reviewed the record of another case from the Court of Appeals of
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915 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The courts of the United States will be uniform, or they will become so through the revision and correction of the Supreme Court. This ensures that the same principles will pervade the entire Union. However, the opinions of petit juries will likely differ across various states.The decisions of courts of justice will not be influenced by political and local principles and prejudices. If inferior courts commit errors, these can be rectified. However, if juries make mistakes, there is no revision or control over their verdicts, and therefore, no mode to obtain uniformity in their
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916 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:876 XY. AMERICAN STATE TRIALSIf the Constitution of the United States had not given the judiciary the right to decide on the constitutionality of Federal laws—yet if such power could be exercised, it could not be by a juror. This is because it is a maxim of law in all the states that the courts have the exclusive right to decide every question regarding the admissibility of evidence in every case, civil or criminal, whether the evidence is by act of assembly, by deed, or other writing, or by witnesses.Judge Chase concluded by observing
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917 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:
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919 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEXAAdams, John- Counsel for the prosecution in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 421.- His closing speech to the jury, 471-490.- Counsel for the prisoner in the trial of Captain Thomas Preston for the same crime, 510.- Libeled while President of the United States by Thomas Cooper, 778.Adams, Joseph- Judge in the trial of Robert McConaghy for the murder of Rosanna Brown and her five children, 602.Arnold, Reuben R.- Counsel for the prisoner in the trial of Leo Frank for the murder of
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920 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:### Index#### Court Proceedings- **The Court Sustains the Indictment**: Page 524- **The Jury**: Page 524- **The Prisoner Petitions the Court for a Jury of Englishmen**: Page 525- **Mr. Weaver's Opening Speech**: Page 525- **Witnesses for the Prosecution**: Pages 525-530- **Mr. Nicholl's Speech to the Jury for the Prisoner**: Pages 531-534- **Mr. Emot’s Speech to the Jury for the Prisoner**: Pages 534-537- **The Chief Justice's Charge to the Jury**: Pages 536-537- **The Verdict of Guilty**: Page 537- **The Prisoner’s Petition for Mercy**: Page 538- **The Sentence to Death**: Page 539- **The Prisoner Pardoned and Released**:
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921 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX881Counsel for the State in the trial of Mrs. Herman H. Hirsch for blackmail, 656.His closing speech to the jury for the State, 691-495.Bromish SovereignsSee MANWANINA, KPWAGP, Preston, Carr, THOMAS, Wome, Woan.Brown, ClarkAuthor of the history of Franklin County, Missouri, 162. Reminiscences of the execution of Edward D. Worrell for murder, 162.Brown, RosannaTrial of Robert McConaghy for the murder of Mrs. Brown and her five children, 601-628.Broventon, Sampson J.Attorney-General of New York Province, 521. Refuses to prosecute Colonel Nicholas Bayard for high treason, 621.Brory, William H.Acquitted of the murder of Basil H. Gordon, 182.Bourlock,
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922 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexJudge Chase and the Trial Proceedings- Judge Chase admits the book as evidence, pages 847-860.- Libelous extracts from the book relating to Presidents Washington and Adams, pages 860-855.- Mr. Nelson's second speech to the jury, pages 851-856.- Mr. Taylor, a witness for the defense, is rejected by the court because he could not prove the truth of all the alleged libel, pages 857-861.- Mr. Wirt addresses the jury for the prisoner, page 861.- Interruptions by Judge Chase, pages 861-862.- Mr. Nicholas addresses the jury for the prisoner, page 865.- Mr. Hay’s address to the
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923 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEXCoacrzs, John D.- Counsel for the State in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 6- His opening speech to the jury, 7-11Confessions- DeWolff, Orrin (murder), 564- McConaghy, Robert (murder), 621Continuance- Refused by the court in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 6Cook, W. J.- Trial for blackmail, 624-654- The Narrative, 624-627- The Judge, 628- The Counsel for the State and Prisoner, 628- The Jury, 629- Mr. Bedgood moves for a change of venue due to community prejudice and newspaper comments,
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924 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX**Cornbury, Edward H.**Governor of New York Province, 518**Costa, Nicola**See Gremut, Pozo**Cushing, John**Judge in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 418D**Davis, John**Judge in the trial of Gilbert Pedro and others for piracy, 700**De Guzman, Domingo**See Graext, Papzo**Dunstan, Abraham**Judge in the trial of Nicholas Bayard for high treason, 521**De Soto, Bernardo**See Graret, Pro**Dewey, Charles A.**Judge in the trial of Orrin De Wolf for the murder of William Stiles, 540**DeWolf, Orrin**Trial for the murder of William Stites, 540-566- The narrative, 540- The Judges, 540- The Counsel
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925 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX 885**His Speech to the Jury for the Prisoner**- Pages 634-537**Executions**- Boyaa, Manuel (piracy), 773- Castillo, Manuel (piracy), 778- Garcia, Angel (piracy), 773- Gibert, Pedro (piracy), 773- Leisler, Jacob (treason), 516- Montenegro, Juan (piracy), 113- McConaghy, Robert (murder), 521- Ruiz, Francisco (piracy), 173- Worrell, Edward D. (murder), 162**Experts**- The testimony regarding the possibility of a white child having a black father, 571-580**F****Ferrara, Antonio**- See Cusack, Pedro**Frank, Leo M.**- Trial for the murder of Mary Phagan, 182-414**The Narrative**- Pages 182-188**The Judge**- Page 138**The Lawyers for the State and Prisoner**- Page 189**The Jurors**- Page 190**The Witnesses
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926 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEXGovernor Slaton commutes the sentence to imprisonment for life, 412.Frank is attacked in prison by a fellow convict and severely wounded, 412.Frank is lynched by a mob, 413, 414.Gaz, Dame Q.Counsel for the State in the trial of Edward D. Worrell for the murder of Basil H. Gordon, 5.His closing address to the jury, 12-76.Gazcu, AngelSee Greer, Proao.Greer, ProaoTrial of Pengo Greer, Brasavo DeSoto, Francisco Rom, Nicova Costa, Antonio Ferrer, Maximo Borja, Domingo De Guzman, Juan Antonio Portana, Manuel Castillo, Angel Gazcu, Jose Velazquez, and Juan Montenegro for piracy, 699-773.The narrative, 699, 700.The Judges,
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927 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index**Gwrx, Alexander**- Counsel for the Commonwealth in the trial of Robert McConaghy for the murder of Rosanna Brown and her five children, 803.H**Hass, Hesseet**- Counsel for the prisoner in the trial of Leo Frank for the murder of Mary Phagan, 189.**Haz, John H.**- Counsel for the prisoner in the trial of John Hodges for treason, 164.**Harreaan, James**- See Wrens, William.**Hay, Gronox**- Counsel for the prisoner in the trial of James T. Callender for libel, 821.- Asks for postponement of trial until next term, 826-827.- His address to the jury interrupted by Judge Chase, 866.-
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928 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexHovars, John- Trial of, for treason, 163-181- The Narrative, 163- The Judges, 163- The Counsel, 164- Mr. Glenn's opening speech, 164-165- The witnesses for the Prosecution, 166-169- The witnesses for the Prisoner, 169- Mr. Glenn asks for instruction from the Court as to what constitutes treason, 168- Mr. Pinkney objects, 170- Mr. Pinkney’s address to the Jury, 170-176- Chief Justice Duvall rules that delivering up the prisoners to the enemy was treason, 176- Judge Houston dissents, 176- Mr. Pinkney’s closing speech to the Jury, 176-181- The verdict of not guilty, 181Hoores, Frank A.- Counsel
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929 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexMistrial Requests:- A mistrial was requested and refused due to cheers from the crowd in the street while the jury was deliberating (pages 298-400).Change of Venue:- A change of venue was refused despite requests due to community prejudice and newspaper criticism (page 629).Juror Objections:- No objection was raised to a juror who, along with the complainant, was a stockholder in the same corporation (page 629).Notable Individuals:- Adams, John (pages 421, 509)- Arnold, Reuben R. (pages 189, 628, 656)- Bay, W. V. N. (page 5)- Bedgood, James H. (pages 628, 656)- Bell, James M. (page
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930 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexLynne, Bensautn- Judge in the trial of William Weems and seven other British soldiers for the murder of Crispus Attucks and others, 418.- Judge in the trial of Captain Thomas Preston for the same crime, 610.Manwaring, Edward- Trial for the murder of Crispus Attucks and others, 511.- The Narrative and Trial, 611.Maverick, Samuel- See Weems, William.McCauley, Wor- See Weems, William.McConaghy, Robert- Trial for the murder of Rosanna Brown and her five children, 601-623.- The Narrative, 601-602.- The Judges, 602.- The Counsel for the Commonwealth, 603.- The Counsel for the Prisoner, 604.- The Indictment, 604.-
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931 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX891Nixon, Hoar- Counsel for the United States in the trial of James T. Callender for libel, 821.- His opening speech to the jury, 840-841.- His second speech to the jury, 851-856.New Trials- Refused by the Supreme Court after the conviction of Edward B.D. Worrell for the murder of Basil H. Gordon, 161.- Refused by Judge Roan after the conviction of Leo Frank for the murder of Mary Phagan, 410.- Also refused by the Supreme Court of Georgia, 410.- Also refused by Judge Hill, who succeeded Judge Roan, 410.- Also refused by the Supreme Court
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932 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index**His Opening Address to the Jury**Pages 170-176**His Closing Speech to the Jury**Pages 176-181**Piracy**Trial of Pedro Gibert and eleven othersPages 699-773**Postana, Juan Antonio**See also Grmret, Pogo**Preston, Captain Thomas**See also Weems, WilliamThe trial of Captain Thomas Preston for the murder of Crispus Attucks and othersPages 509-610- **The Narrative**Page 509- **The Jurors**Page 508- **The Evidence**Page 509- **The Verdict of Acquittal**Page 610**Pumstter, Dr. Joseph**Sketch of Dr. Joseph PumstterPage 776Recommends Thomas Cooper to President AdamsPage 781**Quincy, Josiah Jr.**Counsel for prisoners in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and othersPage 421-
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933 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEXRossiter, Howard S.- Counsel for the prisoner in the trial of Mrs. Herman H. Hirsch for blackmail, 656.- His speech to the jury for the prisoner, 686-691.Roe, Francisco- See Garrett, Penrose.Sampson, William- Counsel for the prisoner in the trial of Alexander Whistelo for bastardy, 568.- His humorous cross-examination of Dr. Mitchell, the expert, 674-678.- His humorous speech for the prisoner, 583-598.Sempron Act- See Callender.Cooper, Thomas- Judge in the trial of Orrin DeWolf for the murder of William Stiles, 540.- His charge to the jury, 553-564.- Sentences the prisoner to be hanged, 664.Slaton, John M.-
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934 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEXTREASON- Bayard, Nicholas, 518-539- Hodges, John, 163-181- Letaler, Jacob, 612-617Trowbridge, JudgeJudge in the trial of William Weems and other British soldiers for the murder of Crispus Attucks and others, 418. His charge to the Jury, 496-508.Van Hoorn, Mr.Counsel for the Prosecution in the trial of Alexander Whistelo for bastardy, 568. His opening speech, 568. His closing speech, 581-583.Van Wren, Pierre C.Judge in the trial of Alexander Whistelo for bastardy, 567.Verarques, JosiahSee Gerrit, Jacob.VenueChange of venue refused when asked on the grounds of prejudice in the community and newspaper comments, 629.Wann, WilliamSee Weems, William.Warrens, RobertJudge
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935 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX---**The Judges**Page 567**The Counsel for the Prosecution and Defense**Page 568**Mr. Vanhook Opens the Case for the Prosecution**Page 568**The Evidence**Pages 569-580**Mr. Morton's Speech for the Defense**Pages 580-581**Mr. Vanhook Follows for the Prosecution**Pages 581-583**Mr. Sampson's Humorous Speech for the Defense**Pages 583-598**The Decision of the Court**Pages 598-600**The Acquittal**Page 600---**Warr, Huot**See Ware, WLM**Wipe, Sauor**Judge in the trial of Orrin DeWolf for the murder of William StilesPage 540**Wilkinson, Ezra**Counsel for the Commonwealth in the trial of Orrin DeWolf for the murder of William StilesPage 541His argument for the ProsecutionPages 551-553**Wusor, Andrew P.**Counsel for the Prisoner in the trial of
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936 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index of Witnesses—Continued- Bernard, S., 238- Bethune, Captain, 733- Bird, J. P., 218- Black, John R., 194- Blair, Mollie, 237- Bliss, Theodore, 458- Blocher, Daniel, 67- Boehm, Julian V., 238- Born, J. T., 238- Botson, William, 447- Bourgat, Charles, 611- Bovell (a soldier), 630- Bowe, General, 166- Bowe, Robert, 168- Bowman, Archibald, 446- Boyce, Leon, 288- Branch, Harlee, 719- Brent, T. Y., 242- Brewer, James, 425- Bridgham, Ebenezer, 424- Briggs, Capt. Jeremiah, 730- Brown, Joseph, 288- Brown, William, 605- Bruce, W. S., 734- Buckly, John, 529- Buckley, John, 447- Budd, Capt. George, 731- Burdick,
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937 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexWitnesses—Continued- Daniels, Benjamin, 711- Darley, N. F., 198, 206, 288- Davers, R. V., 399- Davis, Benjamin, 445, 450- Davis, Isaac, 549- Davis, Mary, 238- Davis, William, 451- Denham, Mrs. Georgia, 287- Denham, Harry, 210- Devens, Captain, 781- Dickerson, Opte, 223- Dittler, Alex, 388- Dittler, Emil, 238- Dixon, John, 843- Dixon, William, 446- Dobbs, L. S., 191- Dodge, James, 424- Domingo, Simon, 726- Donaldson, J., 169- Donegan, Mrs. C. D., 238- Duffy, J. H., 287- Dunn, James, 67- Duval, William, 842- Eaton, Thomas B., 560- Edwards, Rodolphus C., 543, 550- Einstein, L., 288- Elder, W.
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938 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:IndexWritings—Continued- Haas, Isaac, 224- Hale, Daniel F., 787- Hall, Coruther, 208, 337- Hall, Hattie, 208- Hamilton, I. M., 218- Hancock, Dr. Thomas, 220- Hare, Peter, 612- Harlow, Gideon, 550- Harris, A. I., 238- Harris, Dr. H. F., 200- Harvey, Ford, 19- Haslett, B. B., 198- Hatchett, Mary, 237- Hatchett, Willie, 237- Hay, Gustavus, 167- Hayes, Velma, 237- Hays, Ida, 228- Hearn, J. T., 238- Hefner, F. P., 288- Heilbron, Fred, 238- Hemingway, Samuel, 426- Hewes, Sheubel, 445- Heyman, Arthur, 223- Heywood, Dr. B. F., 643, 551- Hewell, Dewey, 239- Hicks, C. H., 644, 659-
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939 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index B99Witnesses—Continued- Larcom, Benjamin, 709- Lasher, Herbert, 223- Lasaiter, R. M., 199- Lee, Benjamin, 452- Lee, Charlie, 217, 288- Lee, Newt, 190- Levy, Mrs. A. P., 212- Lewis, Harry, 223- Lewis, John, 711- Lightner, Dr. J. G., 608- Lincoln, John W., 548- Loeb, Cohen, 212- Loeb, Helen, 238- Loeb, Julian, 212- Loeb, Marcus, 238- Lyon, James, 843- Mangum, C. W., 208- Mann, Alonzo, 214- Mansfield, John, 458- Marcus, Mrs. A. E., 216- Marcus, Mrs. M., 216- Marshall, Edward, 528- Marshall, Thomas, 429- Martin, Al H., 644, 659- Marz, Dr. David, 223- Marx, Mrs. David,
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940 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index of Witnesses**Patterson, B. L.** - 218**Payne, Edward** - 458**Payne, Frank** - 217**Peabody, Joseph** - 708**Peres, Joseph** - 711**Pettis, Nellie** - 238**Peyton, W. H.** - 731**Pickett, B. H.** - 240**Pierce, James** - 645**Pirk, Mary** - 213, 238**Pleasants, Samuel** - 843**Pollard, C. E.** - 208**Post, Dr.** - 570**Prentiss, James** - 649**Prescott, E. G.** - 736**Prescott, Ebenezer** - 737**Pride, Arthur** - 218**Prince, Newton** - 448**Quary, George** - 610**Quentin, George H.** - 721**Quinn, Lemmie** - 209**Ralain, Robert W.** - 66**Randall, Jno. Jr.** - 166**Ray, Adam** - 571**Read, Benjamin B.** - 709**Read, John** - 528**Reed, J. D.** -
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941 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:INDEX901Witnesses—Continued:- Strong, William, 446- Stuart, Warren V., 13- Sturgeon, Isaac H., 32- Sumner, Charles, 736- Symmonds, Thomas, 457- Taylor, Clay, 17- Taylor, Colonel John, 856- Taylor, John, 607- Taylor, Kate, 643, 658- Thayer, Nathaniel, 428- Thomas, Mrs. Ella, 237- Thompson, James, 447- Thompson, Mrs. Mattie, 228- Tillander, O., 241- Tilary, Dr., 570- Todd, John W., 223- Townsend, Gregory, 448- Tudor, Captain, 535- Turner, W. E., 239- Turner, Samuel A., 734- Urquhart, George, 58- Ursenbach, C. F., 315- Ursenbach, Mrs. C. F., 215- Vanderhoff, Prof. J. B., 223- Vesey, Rev. Mr., 535- Waddel, John, 447-
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942 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Index- Mr. Gale's closing address to the jury for the State: 72-76- Mr. Wright's closing address to the jury for the prisoner: 76-108- Mr. Bay's closing address to the jury for the State: 106-153- Judge Stone's charge to the jury: 153-160- The verdict of guilty: 161- The sentence to death: 161- The Supreme Court refuses a new trial: 161- Braff, the accomplice, afterwards tried and acquitted: 163- The execution: 162Worrell, Edward D.- Counsel for the prisoner in the trial of Edward D. Worrell for the murder of Basil H. Gordon: 5- His opening speech
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947 Sheet – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Anid Lae---Se Ae RanSity Law Library---If you have any additional context or content you'd like to include, please let me know!