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

Search for:

Reading Time: 3 minutes [374 words]

Here is the translated text as follows:

MRS. HERMAN H. HIRSCH

The 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 himself. If the jury believes there was a conspiracy in this case, Mr. Candler had the right to get Forrest Adair or anyone else to assist him in exposing the crime. No express demand for money is necessary to render the defendant guilty of blackmail if their conduct was such as to impress Mr. Candler or Mr. Adair as being equivalent to a demand. The law says "extort" and not "demand."

If there was no conspiracy to begin with and Cook caught Mrs. Hirsch in the act and subsequently charged Mr. Candler with the crime of adultery, and Mrs. Hirsch submitted to the accusation and joined him in making the accusation, and from then on acted with him, if any accusation was made, she is equally guilty. The defendants need not begin as conspirators; if, during the completion of the crime, they become conspirators, they are guilty. If you believe beyond a reasonable doubt that Mrs. Hirsch and Cook were engaged in a conspiracy to extort money from Mr. Candler, it is your duty to bring a verdict of guilty.

It is my duty to charge the jury that the law is made for the whole state; for white and black, old and young, man and woman, good and bad. The law is no respecter of persons. If there was sufficient reason to withhold punishment from the guilty party, provision has been made which would authorize application for reprieve or pardon in the proper department in the state capitol. The jury must not move to conviction with the idea of subsequent pardon.

The fact that the defendant is a woman has nothing to do with the case.

---