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

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Reading Time: 3 minutes [372 words]

Here is the translated text as follows:

ROBERT McCONAGHY, 615

There 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 can be either violent or probable. A man should not be convicted based solely on probabilities; however, violent presumptions may constitute full and satisfactory proof. Violent presumptions occur when circumstances are proven that usually and necessarily accompany the fact, and are therefore considered full proof until proven otherwise. For example, if a man is found suddenly dead in a room, and another is seen running out in haste with a bloody sword, this is a violent presumption that he is the murderer; the blood, the weapon, and the hasty flight are all typical accompaniments of such a horrific deed.

The next best proof to witnessing the fact itself is the proof of those circumstances that necessarily accompany such a fact. Every presumption is more or less violent, depending on the various circumstances proven, which more or less typically accompany the fact to be proven. It is difficult, indeed almost impossible, to establish precise rules that should guide the jury. We advise you that each particular case must be judged on its own merits; circumstances and presumptions become significant when the appearances are not explained by those who have the power to do so. This is especially true if different or false accounts are given.

Gentlemen of the jury, you who have diligently attended to the evidence, will consider it carefully and adhere to the rules we have stated and will continue to state to you. You have heard Brown's testimony. We will outline it for you. On the day the murders were committed, he left Matilda Furnace around 1 o'clock, carrying a griddle and a sledge on his back, heading to his own home.