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

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Here is the translated text as follows:

536

AMERICAN 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 Justice then charged the jury. He explained that the indictment was founded upon the act of the assembly of New York, confirmed by his majesty, which had the power to make acts of treason as well as Parliament. The right of petitioning the king was not in dispute, but the manner of doing it made it criminal. It was perfectly plain that the addresses of the prisoner were a disowning of the present authority and a casting off of his majesty's government as it was then established. The drawing in of soldiers to sign petitions was mutiny and sedition by law; and drawing them in on false pretenses, in hopes of freedom in the city, and subscribing their names on blank lists, was enlisting soldiers. This could be applied to invite in any foreign power. In conclusion, he strenuously insisted that the facts laid in the indictment were abundantly proved and constituted the offense of high treason. Therefore, the jury could do no otherwise than find the prisoner guilty.

THE VERDICT

The jury retired but had not agreed at 9 o'clock in the evening of March 9. They had not then agreed upon a verdict but requested further instructions. The Chief Justice proceeded to give them and said he had received letters from the jury and answered them, which answers were only his private opinion. He said if they were under any difficulty, whether the matters of fact alleged in the indictment, and which were proved to them, were treason or not, they might find the prisoner guilty.

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