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

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American State Trials

Senior 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 of the Panda and others, stating that the logbook was in the possession of certain parties in Portsmouth, England. The manifestos of the cargo, etc., of the Panda were also at the Havanas and might be obtained by sending for them. He requested time to procure these necessary documents.

The Court overruled the motion on the grounds that it could issue no process effective in procuring the papers mentioned, as it had no authority in Great Britain. On a previous occasion, it had also been stated by an English officer, who would appear as a witness and who was one of those who boarded the Panda, that the logbook of that vessel had never been discovered.

Mr. Child's motion to have the prisoners tried separately was also overruled.

Mr. Dunlap's Opening

Mr. Dunlap: Gentlemen of the jury, this is a solemn and unusual scene. Here are twelve men, strangers to our country and to our language, indicted for a heinous offense, and now before you for life or death. They are indicted for a daring crime and a flagrant violation of the laws, not only of this but of every other civilized people. They are accused of piracy, which is an offense punishable by all nations, as well as by the particular government against which it has been committed. I shall first, gentlemen, give you an outline of the commission of the act with which the prisoners are charged, and then briefly state to you the law in relation to such an act.

The brig Mexican, belonging to Salem and owned by one of the most eminent merchants of that place, having on board a valuable cargo and twenty thousand dollars in specie, sailed from Salem for Rio Janeiro on the 29th of August, 1832, under the command of Capt. Butman. While quietly pursuing her voyage over the common pathway of nations, and having...