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The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean

Important Book Launch: The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean Help preserve this important history...
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Friday, 30th April 1915: Parents Of Leo Frank Arrive In Atlanta To Aid Son, The Atlanta Journal

The Atlanta Journal,Friday, 30th April 1915,PAGE 14, COLUMN 5.PARENTS OF LEO FRANK ARE NOW IN ATLANTAWill Aid Condemned Man's Attorneys...
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Tuesday, 27th April 1915: Daniel To Be Tried During The May Term, The Atlanta Journal

The Atlanta Journal,Tuesday, 27th April 1915,PAGE 8, COLUMN 2.When Judge Ben H. Hill's Division of the Superior Court reconvenes May...
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Thursday, 22nd April 1915: Frank Asks Commutation Of Death Sentence To Life Term, The Atlanta Journal

The Atlanta Journal,Thursday, 22nd April 1915,PAGE 1, COLUMN 4.PAGE 1, COLUMN 7CLEMENCY PLEA IS FILED WITH PARDON BOARD BY COUNSELBeaten...
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Wednesday, 21st April 1915: Frank Lawyers Work On Clemency Petition, The Atlanta Journal

The Atlanta Journal,Wednesday, 21st April 1915,PAGE 1, COLUMN 6.Final Move to Save Condemned Man Discussed at Conference Tuesday NightPreparation of...
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Tuesday, 20th April 1915: Judge Roan’s Letter To Be Used In Frank Plea For Clemency, The Atlanta Journal

The Atlanta Journal,Tuesday, 20th April 1915,PAGE 1, COLUMN 1.A letter from the late Judge L. S. Roan in which the...
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Monday, 19th April 1915: Frank Loses Appeal – Pardon Only Hope Defeated In Courts, Frank Counsel Plan Pardon Board Plea, The Atlanta Journal

The Atlanta Journal,Monday, 19th April 1915,PAGE 1, COLUMN 5.Final Effort to Save Condemned Man's Life Will Be Made Before Prison...
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Wednesday, 14th April 1915: W.r. Corley Sells Booklets On Leo M. Frank And Detective Burns, The Atlanta Journal

The Atlanta Journal,Wednesday, 14th April 1915,PAGE 14, COLUMN 2.PERSONAL: Read the booklet of rhymes on Leo M. Frank and Detective...
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Tuesday, 13th April 1915: Personal Read The Booklet Of Rhymes On Leo M. Frank, The Atlanta Journal

The Atlanta Journal,Tuesday, 13th April 1915,PAGE 18, COLUMN 7.and Detective Burns, composed by W. R. Corley. Booklets ten cents each...
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Monday, 12th April 1915: No Decision Monday In Leo M. Frank Case, The Atlanta Journal

The Atlanta Journal,Monday, 12th April 1915,PAGE 1, COLUMN 2.(By Associated Press.) WASHINGTON, April 12 " No decision in the Leo...
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Sunday, 11th April 1915: Old Hats Made New Mrs. C. H. Smith, The Atlanta Journal

The Atlanta Journal,Sunday, 11th April 1915,PAGE 3, COLUMN 6.Ladies', Misses' and Children's High-Grade Trimmed and Untrimmed Hats. YOUR OLD HATS...
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0351 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: RE-DIRECT EXAMINATION.The first time I saw Mr. Frank put my tape on, he didn't say anything about it being any trouble. The last time he put it on, he said something about that he wasn't used to putting it on. I was holding the lever there and he got in on twice and he had put it on wrong and he would have to slip it out and put it back. When Mr. Frank came out rubbing his hands, he came out of his inner office into the outer office and from there in

0350 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: the way back in the basement, to a partition on the left, leadingfrom the elevator. The basement is about twenty feet wide.The negro lead the way back about one hundred fifty feet and weround the body. The girl was lying on her face, not directlylying on her stomach, with the left side on the ground, theright side up just a little. We couldn't tell by lookingat her whether she was white or black, only by her golden coloredhair. They turned her over and her face was full of dirt anddust. They took a piece

0349 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: 10was down in the closet I had to go at least ten feet to see whether or not there was any fire in the dust bin. I would have gone further if I hadn't discovered the body. When I saw the body, the closest I ever got to it was about six feet. I was holding my lantern in my hand. I just saw the feet. When I first saw it I was about ten feet from it. As to how far the body was from where I was sitting in the closet, it

0348 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: between the body and the door, it was dark back there. Thebody was about sixty feet from that door. If the back door hadbeen open I could have seen that big light back there in thealley. The back door was closed when I found the body. Thefirst time I went down the basement that night was seveno'clock. I went just a little piece beyond the dark, so I couldsee whether there was any fire down there. That's what I waslooking for. Yes I could tell whether the door was open fromthere. No, I didn't

0347 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: 8a difficulty and I knew that Mr. Frank didn't want him inthere. Mr. Frank had told me "Lee, I have discharged Mr. Gantt,I don't want him in here, keep him out of here," and he hadsaid, "when you see him hanging around here, watch him." Thatis the reason I thought Mr. Frank was startled when he saw Mr.Gantt. Mr. Gantt is a great big fellow, nearly seven feet.When he went out I watched him as he went to the beer saloonand I went on upstairs. He left the factory about half pastsix. I went

0346 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: before the coroner that he had been given one of the pair of shoes of Mr. Gantt to one of the boys, they got that wrong. On Saturdays I had to wake up usually and get to the factory at twelve o'clock. This time Mr. Frank told me to get back at four. I did say before the coroner that he was looking down when he came out of his office. I told them also that there was a place in that building where I could go to sleep, but they didn't ask me

0345 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 6and didn't say nothing while Mr. Darley was speaking to me.Boots Rogers, Chief Lanford, Darley, Mr. Frank and I were therewhen they opened the clock. Mr. Frank opened the clock and said -the punches were all right, that I hadn't missed any punches.I punched every half hour from six o'clock until three o'clock,which was the last punch I made. I don't know whether theytook out that slip or not. On Tuesday night, April 29th,at about ten o'clock I had a conversation at the station housewith Mr. Frank. They handcuffed me to a

0344 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image:---5lit it at six o'clock myself. On Saturdays I always lit it, but weekdays it would always be lit when I got there. On Saturdays I always got there at five o'clock. This Saturday he got me there an hour earlier and let me off later. There is a light in the basement down there at the foot of the ladder. He told me to keep that burning all the time. It has two little chains to it to turn on and turn off the gas. When I got there on making my

0343 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: It took him twice as long this time than it did the other timesI saw him fix it. He fumbled putting it in, while I held thelever for him and I think he made some remark about he was notused to putting it in. When Mr. Frank put the tape in I punchedand I went on down-stairs. While I was down there Mr. Ganttcame from across the street from the beer saloon and says, "Newt,I got a pair of old shoes that I want to get upstairs to havefixed." I says, "I

0342 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: on Saturday evenings I have to come at five o'clock. On Fridaythe 25th of April, he told me "Tomorrow is a holiday and Iwant you to come back at four o'clock." I want to get off alittle earlier than I have been getting off." I got to thefactory on Saturday about three or four minutes before four. Thefront door was not locked. I pushed it open, went on in and gotto the double door there. I was paid off Friday night at sixo'clock. It was put out that everybody would be paid

0341 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 2from Mary Phagan's home. I have known her about a year. Thelast time I saw her was Saturday morning going to town on theEnglish Avenue car. It was about ten minutes to twelve when Ifirst saw her. I left her about seven minutes after twelve atthe corner of Forsyth and Marietta Street. She had on that hat,transfer and things when I left her. She was going to the pencilfactory to draw her money. She said she was going to see theparade at Elkin-Watson's at two o'clock. She never showed up.I stayed around

0340 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: STATE OF GEORGIA,VS.LEO M. FRANK.In Fulton Superior Court,Trial begun August 26th, 1913.Judge L. S. Roan presiding.Conviction of murder at July Term, 1913of Fulton Superior Court, and motionfor new trial.BRIEF OF THE EVIDENCE.MRS. J. W. COLEMAN, sworn for the state.I am Mary Phagan's mother. I last saw her alive onthe 26th day of April, 1913, about a quarter to twelve, at home,at 146 Lindsay street. She was getting ready to go to thepencil factory to get her pay envelope. About 11:30, sheate some cabbage and bread. She left home at a quarter totwelve.

0338 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: INDEX #2 continued.Witnesses:Willett, T. H. D 262 O 262 RD 262 RQWord, Miss Lizzie - D 262 O 262 RD 262 RQWilson, Mrs. S. A. - D 262 O 262 RD 262 RQWestmoreland, Dr. Willis P. - D 242 O 242 RD 242 RQWeinrauf, Godfrey - D 262 O 262 RD 262 RQWood, H. - D 262 O 262 RD 262 RQWardlaw, Mrs. J. - D 261 O 261 RD 261 RQWolfheimer, Mrs. Hennie - D 164 O 164 RD 164 RQWright, Miss Maude - D 262 O 262 RD 262 RQWildsmer,

0337 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: INDEX #2 - continued.Witnesses:Nolurty, Miss Lena - 204 204Najor, Miss Marjorie - 218Novotny, Miss - 118 219Moonlight, Minola (colored) @ 176 177 177Moody, Gruman (colored) 206 206Neab, Phillip - 255Nix, C. A. - 211Nix, D. J. - 206 207Nix, H. C. - 196 196 196Owens, Dr. Wm. J. C. 281 224 227Olmstead, Dr. J. C. 245 246Osborne, Miss Annie 262Payne, Frank 207 208Papenheimer, Oscar 199 257Patmalee, Mrs. J. C. 211Patrick, J. B. 231Patterson, B. L. 211 190Park, Miss Mary 262Pirk, Miss Mary (recalled) 190Pride, Arthur (colored) 205 210 210 210Pollard, C. B. 161 161

0336 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Witnesses:INDEX #8 continued.Name D C RD RGHencook, Dr. Thomas - - 255 256Hatfield, Miss Willie - - 257 258Holloway, C. C. (recalled) - - - -Holmes, Miss Ida - - - -Holloway, A. C. - - 262 -Hays, Miss Ida - - 258 258Hays, Isaac - - 257 257Hunter, Joel C. - - 160 160Hays, Miss Velma - - 262 262Hall, Miss Hattie - - 164 164Harris, Mrs. A. L. - - 166 167Hall, Miss Cornithia - - 262 -Hall, Dr. A. L. - - 263 -Hall, Mrs. Fred - - 262

0334 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Witness.Anderson, W. E.- 6670Barrett, H. P.- 4843Beavers, J. E.- 6969Black, John R.- 272931Coleman, Mrs. J. W.(Recalled)- 11Conley, James- 3194119Dalton, C. B.- 808082Duffy, J. E.- 5152124Ferguson, Miss Grace- 11131134Forrest,- 1131Gantt,- 666669Ghent,- 313272Grace,- 707070Holloway, E. F.(Recalled by defendant)- 797979Hurt, Dr. J. W.- 464750&51Jefferson, Mrs. Geo. W.- 737374Lassiter, R. M.- 454545Lee, Newt (colored)- 707071Monteen, Miss- 706768Nightinght, Albert (colored)- 676767Pergus, H. J.- 121-Rogers, L. W.- 162223Roser,- 808080Scott, Harry (recalled for state)- 347374Smith, Dr. Claude- 444444Stanford, Nell- 717171Stover, Miss Monteen- 151741Waggoner, Miss T.- 494969White, Mrs. J. A.(recalled for state)- 83121120STATE RESTS.TESTIMONY FOR DEFENDANTAdams, Miss Grace- 230231Anderson, A. H.- 227227Adler,

0332 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: to make it under the law. It is not made under oath and he is not sub-ject to examination or cross-examination. It is with you as to howmuch of it you will believe, or how little or it. You may go to theextent, if you see fit, of believing it in preference to the sworntestimony in the case.In the event, gentlemen, you have a reasonable doubt from theevidence, or the evidence and the statement together, or either :s tothe defendant's guilt as charged, then give the prisoner the benefitof that doubt and

0331 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: the subject of the general character of the defendant, and it is forthe jury finally to determine from all the evidence whether hischaracter was good or bad. But a defendant is not to be convictedof the crime with which he stands charged, even though, upon a con-sideration of all the evidence, as to his character, the jury be-lieves that his character is bad, unless from all the other testimonyin the case they believe that he is guilty beyond a reasonable doubt.You will, therefore, observe that this is the rule you will beguided

0330 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: by his good character, and to acquit him. (Stephens case 61 Ga. 569).The word "character" as used in this connection, means that general reputation which he bore among the people who knew him prior to the time of the death of Mary Phagan. Therefore, when the witnesses by which a defendant seeks to prove his good character are put upon the stand, and testify that his character is good, the effect of the testimony is to say that the people who knew him spoke well of him, and that his general reputation

0328 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

0327 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Gentlemen, the object of all legal investigation is the discoveryof truth. That is the reason of you being selected, empanelled andsworn in this case - to discover what is the truth on this issueformed on this bill of indictment. Is Leo M. Frank guilty? Are yousatisfied of that beyond a reasonable doubt from the evidence in thiscase? Or is his plea of not guilty the truth? The rules of evidenceare framed with a view to this prominent end - seeking always forpure sources and the highest evidence.Direct evidence is that which immediately

0326 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: doubt, one conjured up by the jury, but a reasonable doubt.Gentlemen, this defendant is charged with murder. murder is defined to be the unlawful killing of a human being, in the peace of the State, by a person of sound memory and discretion, with malice aforethought, either express or implied.Express malice is that deliberate intention unlawfully to take away the life of a fellow-being, 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

0325 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: STATE OF GEORGIAVS.LEO M. FRANK.MURDER.Fulton Superior Court.Trial: July 28 to Aug. 21, 1913.CHARGE OF THE COURT.Gentlemen of the Jury:This bill of indictment charges Leo M. Frank with the offense of murder. The charge is that Leo M. Frank, in this county, on the 26th day of April of this year, with force and arms, did unlawfully 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

0324 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: (ORDER OVERRULING MOTION.)After considering the above and foregoing motion and amendedmotion and affidavits submitted by the State the motion for anew trial is hereby overruled and denied.This October 31, 1913.L. S. Roan,Judge Superior Court Stone Mountain Circuit,Presiding.

0323 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Certificate of the Court.The recitals of fact contained in the original motion for newtrial, and in the one hundred and twelve grounds of the forego-ing amended motion for new trial (the same being all the groundsof said original and all the grounds of said amended motion) arehereby approved as true, and the court has identified all theexhibits and they are made part of said motion for new trial.Oct. 31st, 1913.L. B. Roan,J. S. C. St. Mt. Ct.Filed in office this Oct. 31, 1913.John H. Jones, Deputy Clerk.

0322 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: J. J. Nunnally and Virgil Harris, dealers in buggies, wagons andlive stock. Also Vice President W. H. Nunnally Co., generalsupplies and merchandiseJ. J. NunnallyGeorgia Walton County.Before me personally appeared J. J. Nunnally who, beingfirst duly sworn true answers to make to the above and foregoingwritten questions, answered same as above set forth, saidanswers executed, sworn to, and subscribed before me this Sept.27th, 1913.Clifford Walker.Notary Public Walton County, Ga.2.857

0321 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 6 (Q). Did you hear A.H. Henselee, in Monroe, Georgia, between said dates, make any statements as to what he believed about the guilt of Leo M. Frank of the murder of Mary Phagan; if so, what were those statements?(A). Yes, he believed him guilty.6. (Q). Did A. H. Henselee, in Monroe, Georgia, between said dates, in your presence and hearing, say he thought Leo M. Frank was guilty of the murder of Mary Phagan; if so, did he state it positively and firmly; how did he make the statement? Give his

0320 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia,Warfon County.State of Georgia, Vs. In the Superior Court of Fulton CountyLeo M. Frank. Georgia.Written questions to be propounded to J. J. Nunnally, Esq.,W. L. Ricker, Esq., Virgil Harris, Esq., andx x x x x x x x x x x x x x x x x x x x x1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1915, and particularly thelikeness in said clipping of A. H. Henslee?(A). Yes.2. (Q). Do you know A. H. Henslee?(A). Yes.3. (Q). Do you recall whether or not A.

0319 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: positively and firmly, how did he make the statement?Give his language as well as you recollect it; if you do not recollect his language, what was the tenor of it?(A).Yes, he was bitter.7.(Q).Did you hear A. H. Henslee, of Monroe, Ga., between said dates, say anything about what the jury that tried Leo W. Frank for the murder of Vary Phagan would do if that Jury did its duty; if so, what did he say, giving his language as nearly as you can recollect it, and if you cannot recall the exact language, state

0318 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia Fulton County.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.Written questions to be propounded to J. J. Nunnally, Esq.W. L. Ricker, Esq. Virgil Harris, Esq., andresidence Monroe, Walton County, Ga.1. (Q). Have you examined the attached clipping from theAtlanta Georgian of August 23, 1913, and particularly the like-ness in said clipping of A. H. Henselee?(A). Yes I have.2. (Q). Do you know A. H. Henselee?(A). I do.3. (Q). Do you recall whether or not A. H. Henselee was inMonroe, Georgia, between the time of the murder of Mary Phagan,as

0317 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.To the Honorable Clerk of the Superior Court ofWalton County, Georgia.This application shows the following facts:Heretofore, a verdict of guilty was returned in said case,judgment was passed by the Court, and a motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on October 4th, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.It is shown that there are three parties who reside in MonroeWalton County, Georgia, to-wit: J. J. Nunnally,

0316 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia, Fulton County.Personally appeared O. P. Stough who having been duly swornmade answer as above indicated and sworn to the foregoing writtenquestions 1 - 6 inclusive said answer executed, sworn to andsubscribed before me this Sept. 29th, 1913.Sig. Teitelbaum,Not. Pub. Fulton County, Ga. and Commissionto take testimony.Rory Judge

0315 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia,Fulton County.State of Georgia, Vs.Leo M. Frank.In Fulton Superior Court.Written questions to be propounded to C. P. Stough, a witnessfor the defendant in the motion for new trial pending in saidcase, set for hearing October 4, 1913, before Judge L. S. Roan,Judge of the Stone Mountain Circuit.1. Q. Do you know A. H. Henslee, who served on the jury inthe above stated case at the trial commencing July 28, 1913?A. Yes.2. Q. How long have you known him?A. About 6 or 7 years.3. Q. During the time between the murder of Mary

0313 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT-LL.State of Georgia,Vs.In the Superior Court of Fulton County,Leo M. Frank.Georgia.To the Honorable George L. Bell, Judge of the Fulton SuperiorCourt:This application is presented to the Court by Leo M.Frank, the defendant in the above stated case; and shows to theCourt the following facts:The above stated case of the State of Georgia, Vs. Leo M.Frank, indictment for murder, has been tried, a verdict found,and this defendant sentenced; and a motion for a new trial insaid case is now pending before Honorable L. S. Roan, Judge ofthe Stone Mountain Circuit, and hearing set

0311 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one dollar or other sum, that he, the said A. H. Henslee, would be put on the jury to try Leo M. Frank for the murder of Mary Phagan?(A). He stated that he had been summoned as a juror.8. (Q). State in full what is your business occupation, or if more than one, what are your business occupations?Member of the firm of Walker and Holmes,

0310 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia, Hancock County.State of Georgia, In Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Questions to be propounded to John M. Holmes of Sparta, Hancock County, Georgia.1. (Q). Have you examined clipping from the Atlanta Georgian of Aug. 26, 1913, hereto attached, showing a picture of the jury in the above stated case, and showing a likeness of Juror A. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee discussing the question of whether or not Leo M. Frank was

0309 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: to bet one dollar or other sum, that he, the said A. H. Hensleewould be put on the jury to try Leo M. Frank for the murder ofMary Phagan?(A). He said he had been drawn as a juror and might have toserve.8. (Q). State in full what is your business occupation, or ifmore than one, what are your business occupations?Work for Walker and Holmes.T. V. Johnson.Georgia CountyBefore me personally appeared T. V. Johnson who beingfirst duly sworn true answers to make to the above and foregoingwritten questions answered same as above set

0308 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.In Superior Court of Fulton County,Leo M. Frank.Georgia.Questions to be propounded to T. W. Johnson of Sparta, HancockCounty, Ga.1. (Q.) Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, giving a picture of the juryin the above stated case, and showing a likeness of Juror A. H.Henslee?(A.) Yes.2. (Q.) Are you personally acquainted with A. H. Henslee?(A.) I know him by sight.3. (Q.) Did you or not hear A. H. Henslee discussing thequestion of whether or not Leo M. Frank was guilty of the

0307 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 6. (Q). Did you not hear A. H. Henslee state in Sparta Ga., between the time of the death of Mary Phagan and the commencement of the trial of Leo M. Frank for the murder of Mary Phagan, that Leo M. Frank was guilty of the murder of Mary Phagan? (A). Yes.7. (Q). Did you not hear A. H. Henslee say that he believed Leo M. Frank was guilty of the murder of Mary Phagan, and further that he would bet one dollar or other sum, or would like to bet one

0306 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia, Hancock County.State of Georgia,Vs.Leo M. Frank,In Superior Court of Fulton County, Georgia.Questions to be propounded to Shem Gray of Sparta, Hancock CountyGeorgia.1. (Q). Have you examined clipping from the Atlanta Georgianof Aug. 26, 1913, hereto attached, showing a picture of thejury in the above stated case, and showing a likeness of JurorA. H. Henslee?(A). Yes.2. (Q). Are you personally acquainted with A. H. Henslee?(A). Yes.3. (Q). Did you or not hear A. H. Henslee, discussing thequestion of whether or not Leo M. Frank was guilty of the murderof Mary Phagan, between

0305 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT M MGeorgia, Hancock County.State of Georgia,Vs.Leo M. Frank.In Superior Court of Fulton County,Georgia.To the Honorable Clerk of the Superior Court of HancockCounty, Georgia.This application shows the following facts:Heretofore a verdict of guilty was rendered in said case,judgment was passed by the Court, and motion for new trialwas filed in said case, which said motion for new trial is setfor hearing on Oct., 4th, 1913, before Judge L. S. Roan, Judgeof the Stone Mountain Circuit.It is shown that there are three parties who reside in Sparta,Hancock County, Georgia, to-wit: John W. Holmes,

0304 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT KK.State of Georgia,County of Fulton.State of Georgia, No.Vs. MurderLeo M. Frank. Fulton Superior Court.Personally appeared Leo M. Frank who on oath deposes and states that he is the defendant above named that he did not know nor has he ever heard until the end of his trial in the above stated case that A. H. Henslee and Merceius Johenning had any prejudice or bias against deponent nor that they or either of them had ever said or done anything indicating that they believed in deponents guilt, or had any prejudice or

0303 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT JJ.State of Georgia,County of Muscogee.Personally appeared before me, an officer duly authorized by law to administer oaths, the undersigned who, being sworn, deposes and says that he was head clerk at the New Albany Hotel (Albany Hotel Company, Proprietors), located at Albany, in said state and county, all during the months of June, July and August, 1913, and for several years prior to that time; and that attached hereto, marked "Exhibit A", is the register of guests at said hotel from the 20th day of June, 1913, to the 31st day

0302 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: EXHIBIT IIGeorgia, Fulton County.State of Georgia,Vs.In Fulton Superior Court.Leo M. Frank.Personally appeared the undersigned deponents, who, being duly sworn, depose and say that they are personally acquainted with C. P. Stough, of Atlanta, Fulton County, Georgia, and that they know him to be a man of high personal character, entirely trustworthy, and absolutely worthy of belief as to any statement made by him, whether on oath or otherwise.A. L. Guthman,L. P. Stephens,A. H. Van Dyke.Sworn to and subscribed before me,this 22nd day of Oct., 1913.C. W. Burke,N. P. Fulton Co., Ga.

0301 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: Georgia, Muscogee County.State of Georgia, In the Superior Court of Fulton County,Vs. Georgia.Leo M. Frank.Before me, an officer authorized under the laws of Georgia to administer oaths, personally appeared each of the undersigned persons, personally known to me, who, being duly sworn depose and say on oath.That they are personally acquainted with Julian A. Lehman, and that said Lehman is a man of the highest personal and moral character, and reputation, and that he is entirely trustworthy, and worthy of belief as to any statement made by him.C. W. WozellR. P. Spencer,

Friday, May 23rd, 1913, Rooming House Sought by Leo Frank Declares Woman, Atlanta Constitution

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  Atlanta Constitution Friday, May 23rd, 1913 Mrs. Nina Formby Swears Suspected Man Wanted a Room for Himself and a Girl on Murder Night. TO PRESENT AFFIDAVIT TO GRAND JURY TODAY Mysterious Telephone Message Caused Detectives to Interview Woman Who Conducts Rooming House. Mrs. Nina Formby, who conducts a rooming house at 400 Piedmont Avenue, near Currier Street, Atlanta, has signed an affidavit to the effect that on April 26, 1913, Leo M. Frank called her up repeatedly by telephone and endeavored to secure a room for himself and a young girl. The affidavit was signed Monday, May 11, 1913,

Wednesday, 30th December 1914: Long Legal Battle In Leo Frank Case, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 30th December 1914,PAGE 3, COLUMN 4.Both Sides Prepare for Hard Fight Before the Supreme Court. MAY USE SIOUX CITY CASE. News from Sioux City, Iowa, is to the effect that Attorneys for Leo Frank have obtained information in that City which they will use in their fight in the United States Supreme Court. A transcript has been secured of the evidence in the Case of Harry B. Murphy charged with white slavery. Murphy was convicted, but the verdict was rendered while he was absent from the Courtroom. Federal Judge Elliot, of Sioux Falls, upon a Constitutional motion

Tuesday, 29th December 1914: Leo M. Frank’s New Fight For Life, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 29th December 1914,PAGE 1, COLUMN 1.May Last in Courts for Six Months Before a Final Decision Is Reached If Prisoner Wins, the Case Comes Back to the Federal Court for Hearing on Constitutional Questions; If He Loses, His Court Battle Is Over. BOTH SIDES HAVE RIGHT TO MAKE APPEAL AGAIN WHEN NEWMAN DECIDES When Case Goes to the Supreme Court for Second Time, the Decision Will Be Final Supreme Court Hearing on Habeas Corpus Writ Is Expected Within Sixty Days.If the Supreme Court grants the Appeal of Leo M. Frank from the Denial of the Writ of

Monday, 28th December 1914: Leo Frank Decision Is Expected Today, The Atlanta Constitution

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The Atlanta Constitution,Monday, 28th December 1914,PAGE 5, COLUMN 1.Followers of the many phases of the Leo Frank Case are keenly interested today in the expected verdict of Justice Lamar, of the United States Supreme Court, upon the Application for an Appeal. The Application was presented Wednesday by Louis Marshall, the Constitutional Law Expert of New York, who has been engaged by the Frank defense to represent them in this last fight before the Supreme Court. It applies for an Appeal from Judge Newman's denial of the Writ of Habeas Corpus presented to him last Monday and Saturday week. In the

Sunday, 27th December 1914: Bond Witness Charges Attempt To Frame-up, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 27th December 1914,PAGE 2, COLUMN 4.Isom Says Effort Has Been Made to Get Him to "Double-Cross" Solicitor. Courthouse Circles were stirred yesterday over the Report that an attempt had been made to force Charley Isom, a prosecuting witness in the recent bond scandal before the Grand Jury, to "double-cross" Solicitor Hugh M. Dorsey, who waged the crusade against the alleged gang of Bond swindlers.Isom stated last night that he would take the matter up with Mr. Dorsey upon the latter's return Monday from Valdosta and seek indictments against members of the gang he accuses of assailing him

Friday, 25th December 1914: Lamar Postpones Action On Appeal, The Atlanta Constitution

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The Atlanta Constitution,Friday, 25th December 1914,PAGE 9, COLUMN 3.Advices yesterday from Washington say that Justice Lamar, of the United States Supreme Court, postponed until after Christmas his decision on the Appeal of Leo M. Frank, presented Thursday by Louis Marshall, the Constitutional Law Expert who has been employed by the Frank defense to represent them in the Supreme Court.Marshall made an Application yesterday for an Appeal from the decision of Judge W. T. Newman, Judge of the District Federal Court in Atlanta, who, last Saturday, denied the Writ of Habeas Corpus presented in an effort to free the prisoner. Following

Wednesday, 23rd December 1914: Marshall Will Make Supreme Court Plea, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 23rd December 1914,PAGE 9, COLUMN 3.Frank's Atlanta Lawyers Will Prepare for Plea to the Prison Board.WILL PLEAD FOR FRANK. Philadelphia, December 22. (Special.) In the belief that a commutation of the death sentence to life imprisonment will ultimately lead to Justice and bring to Leo Frank, the man convicted in Atlanta as the slayer of Mary Phagan, a final proof of his innocence, prominent Jews of Philadelphia have inaugurated a movement to plead with Governor Slaton, of Georgia, to save Frank from the gallows. As a climax, a mass meeting will be held in the Academy of

Tuesday, 22nd December 1914: Alexander Scores Charge Of Dorsey, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 22nd December 1914,PAGE 1, COLUMN 2.Frank Attorney Leaves for Washington to Make Effort There to Secure Supreme Court Hearing.On the eve of his departure for Washington, where he will put his appeal for the life of Leo Frank before the United States Supreme Court, Henry A. Alexander accused Solicitor Dorsey of having committed "an outrage" before Judge Newman, of the Federal Court, yesterday when he challenged the accuracy of the information submitted to the United States Court by Frank's lawyers on their last appeal. "I challenge Mr. Dorsey's statement that it is to be doubted if the

Monday, 21st December 1914: Newman Decides Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Monday, 21st December 1914,PAGE 1, COLUMN 4.Prisoner's Hope of Getting Hearing Before U. S. Supreme Court Depends Upon Federal Judge's ActionJudge W. T. Newman, of the Federal Court, will this morning at 10 o'clock, in the Federal Building, hand down his opinion on an Appeal to the United States Supreme Court from his decision on Saturday, when he refused to grant a Petition for a Writ of Habeas Corpus for the release of Leo M. Frank, sentenced to die January 22 for the murder of Mary Phagan, April, 1913.Upon this decision of Judge Newman, depends Frank's last hope

Sunday, 20th December 1914: Appeal Of Frank To Supreme Court Not Yet Allowed, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 20th December 1914,PAGE 1, COLUMN 5.Delay Until Monday Results When Federal Law Passed in 1908, Governing Procedure in Such Cases, Is Cited.JUDGE NEWMAN DENIES WRIT OF HABEAS CORPUS Makes Announcement, However, That He "Is Inclined to Grant" the Prisoner the Right to Carry the Case to Washington.Leo M. Frank, condemned to be hanged January 22 next, for the murder here in April, 1913, of Mary Phagan, Saturday lost another point in his legal battle to escape paying the death penalty, when Federal Judge W. T. Newman refused to grant a petition for a Writ of Habeas Corpus

Saturday, 19th December 1914: Newman To Hear Frank Case Today, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 19th December 1914,PAGE 14, COLUMN 2.Case Will Still Be in Courts When Execution Date Arrives, Thus Causing Postponement, Say Lawyers.Leo Frank's case will still be in the courts on January 22, the date set for his execution, according to his lawyers. They believe that by that time it will be before the United States Supreme Court in Washington, to which it will have been sent from the Atlanta Circuit of the Federal Court by appeal.Frank will be brought from the Tower this morning at 10 o'clock to attend the habeas corpus proceedings that have been instituted before

Friday, 18th December 1914: Leo Frank Opens New Court Fight, The Atlanta Constitution

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The Atlanta Constitution,Friday, 18th December 1914,PAGE 9, COLUMN 1.Counsel Appeals to Federal Judge Newman for Writ of Habeas Corpus, Charging Client Is Illegally Held. Charging that he is being unjustly and illegally held in imprisonment by the State of Georgia, Leo M. Frank yesterday fired his first gun in his last desperate fight to save his life when Counsel petitioned for a Writ of Habeas Corpus to Judge W. T. Newman, of the Federal bench. He gives nine reasons why he should be freed.The petition was not given a hearing at the time, however, on account of the absence of

Thursday, 17th December 1914: New Yorkers Sign Pardon Petition For Leo M. Frank, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 17th December 1914,PAGE 3, COLUMN 4.New York, December 16. (Special.) A petition "in the name of justice, common sense, and humanity" to Governor J. M. Slaton, of Georgia, for the pardon of Leo M. Frank, who is awaiting the death penalty for the murder of 13-year-old Mary Phagan, is to be sent throughout Brooklyn for signatures of the residents. Joseph Goldstein, a lawyer, has drawn up the petition. He has already obtained 50,000 signatures which, he says, will make up but a small part of the finished petition.Thursday, 17th December 1914: New Yorkers Sign Pardon Petition For

Tuesday, 15th December 1914: New Chance Seen For Leo M. Frank In Supreme Court, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 15th December 1914,PAGE 1, COLUMN 6.Appeal From State Supreme Court's First Decision Possible Under Certain Conditions, Says Hooper Alexander.PLEA WOULD BE BASED ON CROWD'S INFLUENCE. Harry Alexander Says Lawyers for Defense Will Give Careful Consideration to United States Attorney's Opinion.That Leo M. Frank has a ground of Appeal to the Supreme Court of the United States, on a Writ of Error from the Georgia Supreme Court's first decision in the Case, was the opinion expressed by Hooper Alexander, United States District Attorney, in an address before the students of the Atlanta Law school Monday afternoon in his

Monday, 14th December 1914: Plan Hard Fight For Frank’s Life, The Atlanta Constitution

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The Atlanta Constitution,Monday, 14th December 1914,PAGE 1, COLUMN 2.Attorney Alexander Here to Confer With Associates Over Next Step in This Noted Case."We are far from losing hope in our fight to save the life of Leo Frank. We're going to fight to the last ditch. It is our duty, and, it can be depended upon that our Client won't go to death without one of the hardest fights the South has ever witnessed.""Georgia is about to butcher an innocent man. I don't believe the people will stand by and permit it to be done. People who once advocated Frank's execution

Sunday, 13th December 1914: No Plan Decided On By Frank’s Lawyers, The Atlanta Constitution

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The Atlanta Constitution,Sunday, 13th December 1914,PAGE 12, COLUMN 2.Conference Will Be Held Regarding the Case Monday Morning.It was announced Saturday by the Attorneys for Leo M. Frank that no step would be taken in the last desperate fight to spare their client from the gallows until tomorrow morning, when Attorneys Leonard Haas, Herbert J. Haas, Henry C. Peeples, and John L. Tye will confer with Attorney Harry A. Alexander, who arrives in Atlanta this morning from Washington. Attorney Alexander presented the original plea to the Supreme Court in Washington, and has been in that City since, making an exhaustive research

Friday, 11th December 1914: C. E. Sears Resigns From Burns Agency, The Atlanta Constitution

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The Atlanta Constitution,Friday, 11th December 1914,PAGE 3, COLUMN 4.C. E. Sears, ex-manager of the William J. Burns Headquarters in Atlanta, who was in that capacity during the Frank Case investigation which resulted in the withdrawal of the Burns permit to operate here, has left the Burns Service and returned to Atlanta. He would not divulge the reasons for the severance of his connections with the Burns Agency, stating merely that he would not return to its employ, but would remain in Atlanta, his home, to enter some other field. He has been a resident of Atlanta for practically all his

Thursday, 10th December 1914: Leo Frank Hears Sentence Of Death, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 10th December 1914,PAGE 9, COLUMN 3.The Doomed Man Maintains Stoical Calm During the Ordeal In Dramatic Statement He Reiterates His Innocence.After having been shut out from the sunlight for more than a year, the first words of Leo M. Frank yesterday upon emerging from the Courthouse in which he had been sentenced to die on Friday, January 22, a little more than a month from now, were: "Oh, but isn't the sunshine wonderful. I feel it tingles all over me." He was being carried through the roadway in the rear of the new million-dollar Courthouse. The sunshine,

Wednesday, 9th December 1914: Habeas Corpus Writ For Leo Frank Today, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 9th December 1914,PAGE 2, COLUMN 6.Prisoner Will Probably Be Re-sentenced to Death Either Today or Tomorrow. Today is the date set for the presentation of the Writ of Habeas Corpus that will demand the presence of Leo Frank before Judge Hill for resentence to death. The exact time of the doomed man's resentencing, however, will not be made public. It is probable that he will be brought into Court either late this afternoon or early Thursday morning. He will be re-sentenced by Judge Hill, who heard two motions for a new trial submitted by Frank's Attorneys, and

Tuesday, 8th December 1914: Frank Loses Last Chance In Court, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 8th December 1914,PAGE 7, COLUMN 5.His Only Hope for Life Is at the Hands of Gov. John M. Slaton Early Appeal Will Be Made. Now that Leo Frank has lost his last fight in the Courts, his Attorneys have begun preparing a strong Appeal that is to be submitted to the Prison Commission of Georgia and to Governor John M. Slaton. The exact date on which the Appeal will be made has not been decided upon owing to the inability of counsel to determine when it will be completed. Attorneys Leonard and Herman J. Haas, associated with

Saturday, 5th December 1914: Frank Case Remittitur In Hands Of The Court, The Atlanta Constitution

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The Atlanta Constitution,Saturday, 5th December 1914,PAGE 7, COLUMN 2.The Remittitur in the Leo Frank Case has reached the Court of Judge Ben Hill and will be positively acted upon either Monday or Tuesday or next week, it was stated yesterday. Judge Hill is rapidly recovering from his illness and is expected to be in Court Monday. In event he is unable, however, the Habeas Corpus will be presented before Judge Bell and Frank will be brought to him for resentencing.Saturday, 5th December 1914: Frank Case Remittitur In Hands Of The Court, The Atlanta Constitution

Thursday, 3rd December 1914: Action Is Postponed On Frank Remittitur, The Atlanta Constitution

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The Atlanta Constitution,Thursday, 3rd December 1914,PAGE 10, COLUMN 5.The Remittitur from the Supreme Court in the Leo Frank Case has been handed down to the Superior Court, but will not be acted upon until some time during the early part of next week. If Judge Ben Hill recovers from his illness by Monday, he will sign the Remittitur, making the Supreme Court judgment a judgment of the Superior Court, and thereby entitling the Solicitor's Office to file the Writ of Habeas Corpus for the production of Frank before the Superior Court for re-sentencing. In the event Judge Hill is not

Wednesday, 2nd December 1914: Frank’s Parents Visiting Their Son, The Atlanta Constitution

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The Atlanta Constitution,Wednesday, 2nd December 1914,PAGE 1, COLUMN 5.Supreme Court Remittitur Will Reach Clerk of the Superior Court Some Time This Morning. Proclaiming their unswerving faith in the innocence of their convicted son, M. Frank and Mrs. Rea Frank, parents of Leo M. Frank, have been in Atlanta for several days to remain by his side. They come from Brooklyn, Frank's former home, where the aged father, a man above 60, is a retired travelling man. It is his first trip to Atlanta since the murder of Mary Phagan more than a year ago. The mother has been in the

Tuesday, 1st December 1914: Frank’s Appeal Taken To Whole U. S. Court, The Atlanta Constitution

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The Atlanta Constitution,Tuesday, 1st December 1914,PAGE 7, COLUMN 2.The remittitur in the Frank Case, it is expected, will still be withheld from the Superior Court on account of news from Washington that the United States Supreme Court, which reviewed the Appeal presented by the prisoner's lawyers yesterday, will not hand down their decision until next Monday. Frank's Application for a review of his conviction and trial was carried before the entire Court in Washington Monday morning after having been previously denied by two Justices. Chief Justice White received the motion, saying that the Court would take the papers and give

Wednesday, 30th December 1914: State Prepares To Fight Frank Appeal, The Atlanta Journal

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The Atlanta Journal,Wednesday, 30th December 1914,PAGE 2, COLUMN 1.Dorsey and Grice Expected to Go to Washington Soon With First MotionIt is expected that Solicitor Hugh M. Dorsey and Attorney General Warren Grice will go to Washington some time within the next week or ten days to make the State's Motion before the United States Supreme Court that the hearing on Leo M. Frank's Appeal be advanced upon the Court's Docket. Under the Rules of the Court, such a Motion is a formal action, and it must be printed and filed with the Court.A certified transcript of Judge W. T. Newman's

Tuesday, 29th December 1914: Frank’s Case May Stay In The Courts For Many Months, The Atlanta Journal

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The Atlanta Journal,Tuesday, 29th December 1914,PAGE 1, COLUMN 1.U. S. Supreme Court May Grant Hearing Within 60 Days, but Decision May be Held Up IndefinitelyMOTION TO ADVANCE CASE IS EXPECTED FROM STATEPower to Indict and Try Condemned Man Second Time is Question Which May Eventually AriseSix months and perhaps a year or even more will elapse before the Frank Case is finally passed on by the United States Supreme Court. In allowing Frank's Appeal from Judge W. T. Newman's decision refusing his Application for a Writ of error, Justice Lamar simply placed the Appeal on the Calendar of the United

Monday, 28th December 1914: Frank Appeal Granted, The Atlanta Journal

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The Atlanta Journal,Monday, 28th December 1914,Page 1, Column 1.LAMAR WILL CERTIFY TO ENTIRE COURTLouis Marshall, in New York, announces that he has had word from Justice Lamar to that effect.NEW YORK, Dec. 28. An appeal to the United States Supreme Court has been granted by Justice Lamar in the case of Leo M. Frank. Louis Marshall, Frank's counsel, announced this afternoon that he had received word from Justice Lamar to this effect.Monday, 28th December 1914: Frank Appeal Granted, The Atlanta Journal

Saturday, 26th December 1914: No Decision In Frank Appeal Announced Yet, The Atlanta Journal

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The Atlanta Journal,Saturday, 26th December 1914,PAGE 1, COLUMN 5.Justice Lamar Has Matter Under Advisement and May Announce Finding Today(By Associated Press.)WASHINGTON, Dec. 26. Justice Lamar of the Supreme Court still had under consideration today the Petition of Leo M. Frank for an Appeal from the refusal of Federal Judge Newman to release him on a Habeas Corpus Writ. The Petition had been presented in Frank's behalf on Thursday by Louis Marshall, of his Counsel. It was not known whether Justice Lamar's decision would be forthcoming late today or Monday.Saturday, 26th December 1914: No Decision In Frank Appeal Announced Yet, The

Thursday, 24th December 1914: Lamar Has Frank Case Under Advisement Now, The Atlanta Journal

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The Atlanta Journal,Thursday, 24th December 1914,PAGE 1, COLUMN 6.Supreme Court Justice Hears Marshall's Plea, and Will Decide Later(By Associated Press.)WASHINGTON, Dec. 24. Justice Lamar of the Supreme Court took under advisement today an Application for an Appeal from the action of Federal Judge Newman in refusing to release Leo M. Frank, convicted of the murder of Mary Phagan, on Habeas Corpus Proceedings. The Justice did not intimate when he would announce his decision.Louis Marshall, of New York, of Counsel for Frank, presented the Application.In addition to the formal Appeal, Mr. Marshall had prepared for the Justice's Signature a Certificate stating

Wednesday, 23rd December 1914: Frank Counsel To See Justice Lamar Thursday, The Atlanta Journal

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The Atlanta Journal,Wednesday, 23rd December 1914,PAGE 5, COLUMN 2.Louis Marshall, of New York, Will Present Condemned Man's Latest Plea(Special Dispatch to The Journal.)WASHINGTON, Dec. 23. Louis Marshall, Counsel for Leo M. Frank, is expected to reach Washington tonight from New York to appear tomorrow before Associate Supreme Court Justice Lamar on behalf of the condemned man. He will seek to obtain from the Justice a Writ of Error in the Habeas Corpus Proceedings that were heard last week by Federal Judge Newman at Atlanta.Wednesday, 23rd December 1914: Frank Counsel To See Justice Lamar Thursday, The Atlanta Journal

Tuesday, 22nd December 1914: Frank’s Attorneys Plan Next Move To Prevent Execution, The Atlanta Journal

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The Atlanta Journal,Tuesday, 22nd December 1914,PAGE 1, COLUMN 1.Louis Marshall, New York Lawyer, Will Represent Frank Before United States Supreme CourtJUSTICE LAMAR WILL BE ASKED TO CERTIFYJudge Newman, Who Denied Writ of Habeas Corpus, in Formal Opinion Sets Out Reasons for So DoingDenied their Application for a Writ of Habeas Corpus for Leo M. Frank by Judge W. T. Newman, of the United States District Court, who also refused to certify to a "reasonable cause" for Appeal, the Counsel for Frank on Tuesday were deliberating on their next move in the fight for the condemned man's life. While the effort

Monday, 21st December 1914: Newman Refuses Certificate Of Cause In Frank Appeal, The Atlanta Journal

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The Atlanta Journal,Monday, 21st December 1914,PAGE 1, COLUMN 4.Judge William T. Newman, of the United States District Court, on Monday afternoon, after having heard at length from Leo Frank's Attorneys and from Attorney General Warren Grice and Solicitor General Hugh M. Dorsey, representing the State, declined to certify Frank's Appeal from his decision refusing Frank a Writ of Habeas Corpus. Judge Newman stated that he was willing to allow the Appeal but could not, in view of his decision in denying the Writ, issue a Certificate to the effect that he felt that there was probable cause for appeal, such

Sunday, 20th December 1914: Leo Frank’s Appeal Awaits Decision Of Judge W. T. Newman, The Atlanta Journal

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The Atlanta Journal,Sunday, 20th December 1914,Page 1, Column 1.Necessity for Stating That Probable Cause for Appeal Exists Causes Court to Defer ActionHABEAS CORPUS WRIT DENIED ON SATURDAYIf Appeal to Supreme Court Is Certified, Case May Reach Decision in the Next Thirty DaysWhether Leo M. Frank is to be permitted to Appeal to the United States Supreme Court from Judge W. T. Newman's decision denying his petition for a Writ of Habeas Corpus will be definitely determined by Judge Newman, Monday morning at 10 o'clock. After Judge Newman went into his chambers Saturday afternoon, following his denial in Open Court of

Friday, 18th December 1914: Frank Makes Unique Point In New Fight Before U. S. Court, The Atlanta Journal

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The Atlanta Journal,Friday, 18th December 1914,PAGE 17, COLUMN 1.In Petition to Judge Newman for Writ of Habeas Corpus to Set Aside Verdict, He Attacks State Supreme CourtLeo M. Frank's petition for a Habeas Corpus writ, filed Thursday afternoon with O. C. Fuller, clerk of the United States District Court, will be heard by Federal Judge W. T. Newman Saturday morning at 10 o'clock. The hearing will be in Judge Newman's chambers in the federal building.It was owing to the fact that Solicitor Hugh M. Dorsey was engaged in the Superior Court and Attorney General Warren Grice was out of the

Thursday, 17th December 1914: Frank’s Attorneys Take New Fight To U. S. Judge Newman, The Atlanta Journal

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The Atlanta Journal,Thursday, 17th December 1914,Page 1, Column 1.Writ of Habeas Corpus Will Be Asked of the Federal District Court This Afternoon. DUE PROCESS OF LAW DENIED, WILL BE PLEA. Petition Will Set Out That State Lost Jurisdiction of Case, as Frank Was Not Present to hear Verdict.Another effort to save Leo M. Frank through the courts will be made sometime Thursday afternoon when the condemned man's counsel will appear before Judge T. Newman, of the United States district court, and file a petition for a Writ of Habeas Corpus. This petition will, like the motion to set aside the

Sunday, 13th December 1914: Palmer Peas Poses As Newt Lee; Recorder Learns Something Of The Lotus Eaters And Cocaine Alley, The Atlanta Journal

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The Atlanta Journal,Sunday, 13th December 1914,PAGE 46, COLUMN 2.HELL'S HALF ACRE WHAR YO DUN BIN, PINKIE? OVER T'DE "PICKLE JOINT" -SAM RECORDER'S REMARKABLE MEMORY ENCYCLOPEDIA NAMES FACE DATES ETC YOU IS HEERD ER ME, SHO', ISN'T YOU? ISE PO' OLE NEWT LEE YESSEM DAY'S ME COCAINE ALLEY "FROG HOLLOW" "DEVIL'S DIP"PALMER PEAS, who is the most original and persevering offender known to the police, has surpassed himself. Palmer has posed as Newt Lee. "Honest Old Newt Lee," said Palmer, going from soft-hearted citizen to soft-hearted citizen. The tears of an honest man stood in Palmer's eyes as he told his

Friday, 11th December 1914: C. E. Sears Quit Burns; Comes Back To Atlanta, The Atlanta Journal

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The Atlanta Journal,Friday, 11th December 1914,PAGE 7, COLUMN 5.C. E. Sears, who was Manager of the Atlanta branch of the W. J. Burns National Detective Agency during the Burns investigation of the Frank Case, and which resulted in the repeal of the license of the Burns Branch to operate in Atlanta, has severed his connection with Burns and returned to Atlanta. After the repeal of the Burns license in this City, Sears went to Birmingham as Manager of the Burns Branch there, and was with that branch until he left the Burns Service. Sears indicates he will go into other

Thursday, 10th December 1914: New Court Move For Frank Expected Soon, The Atlanta Journal

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The Atlanta Journal,Thursday, 10th December 1914,PAGE 4, COLUMN 1.Attorneys Refuse to Discuss Plans, but Continue ConferencesWhile Attorneys for Leo M. Frank refuse to discuss their plans, it is known that they are considering some move by which the Case may be brought once more into the Courts. Conferences between them which have been going on for the last few days, still continue despite the resentence passed on Frank Wednesday, and it is expected that they will take some action within the next few days.On what ground they will seek to carry the Case into the Courts again is not definitely

Wednesday, 9th December 1914: Leo Frank Re-sentenced To Be Hanged January 22, The Atlanta Journal

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The Atlanta Journal,Wednesday, 9th December 1914,PAGE 1, COLUMN 4."AN INNOCENT MAN CONDEMNED," SAYS HE TO JUDGE HILLPrisoner Receives Death Sentence Calmly After Making Statement to Court Branding Jim Conley as Murderer"LIFE IS SWEET TO ME; DEATH HAS NO TERRORS""My Execution Will Mark Era in Georgia Where Criminal's Word Is Accepted Over That of White Women," He SaysJudge Ben H. Hill, of Fulton Superior Court, at 12 o'clock on Wednesday, sentenced Leo M. Frank to hang on Friday, January 22, 1915, for the murder of Mary Phagan. Frank, before receiving sentence, made a statement which was most remarkable both in what

Tuesday, 8th December 1914: Frank Case May Get Into Courts Again, The Atlanta Journal

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The Atlanta Journal,Tuesday, 8th December 1914,Page 1, Column 4.Attorneys Hold Conference to Determine Next Move to Save HimAttorneys for Leo M. Frank are holding many conferences to decide whether they will appeal to the Courts again or take his Case directly to the pardon board and the governor with a plea for a pardon, or at least a commutation of the sentence. Should the first course be decided upon, a rather authoritative rumor is to the effect that a new effort will be made to get the Case before the United States Supreme Court, this time on the ground that

Monday, 7th December 1914: Executive Clemency Frank’s Only Hope Following Decision, The Atlanta Journal

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The Atlanta Journal,Monday, 7th December 1914,.United States Supreme Court refuses to allow filing of Writ of Error in famous case with that bench. New sentence will be imposed during week. Governor Slaton declares he will review records and weigh all evidence before passing on case.The Supreme Court of the United States, on Monday, refused to grant the Application for a Writ of Error on the motion to set aside the verdict in the case of Leo M. Frank, and before the expiration of the present week Frank will again be sentenced by Judge Ben H. Hill to death, according to

Thursday, 3rd December 1914: Leo Frank Will Not Be Resentenced This Week, The Atlanta Journal

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The Atlanta Journal,Thursday, 3rd December 1914,PAGE 3, COLUMN 2.Judge Hill, who is ill, will likely be able to attend court Monday. With no decision on the Frank case expected from the United States Supreme Court until Monday, Solicitor Dorsey is in no hurry to have the convicted man resentenced by the Fulton Superior Court.Thursday, Judge Hill, who had hitherto handled all phases of the case in the Superior Court since the original trial before Judge Roan, was said to be recovering from his illness sufficiently to appear and resentence Frank Monday. The remitter received Wednesday and the resentencing will both

Wednesday, 2nd December 1914: Resentencing Of Frank Is Expected Next Week, The Atlanta Journal

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The Atlanta Journal,Wednesday, 2nd December 1914,PAGE 7, COLUMN 2.Action May Be Delayed Until Judge Hill Is Able to PresideWith the remittitur confirming the Superior Court's refusal to set aside the verdict of guilty against Leo M. Frank received in the clerk's office Wednesday morning, further action toward resentencing Frank will probably be delayed until next week, when Judge Ben H. Hill is expected to be well enough to preside. It is also expected that the order making the judgment of the Supreme Court the judgement of the Fulton Superior Court will not be issued by a Superior Court judge except

Tuesday, 1st December 1914: Remittitur In Leo Frank Case Is Not Handed Down, The Atlanta Journal

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The Atlanta Journal,Tuesday, 1st December 1914,PAGE 1, COLUMN 2.May Be Held Until U. S. Supreme Court Gives DecisionThe remittitur in the final appeal in the case of Leo M. Frank was not handed down Tuesday morning by the Supreme Court to the Superior Court, and it is believed that the remittitur will be held by the Higher Court until after the Supreme Court of the United States has announced whether it will sanction a Writ of Error and hear the Constitutional Phase of the Case.It is said to be likely that the Federal Court will not announce its decision until

Sunday, 2nd November 1913: Judge Roan Saves Youth From Sentencing Himself, The Atlanta Constitution

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  The Atlanta Constitution, Sunday, 2nd November 1913, PAGE 3, COLUMN 5. To a Term in Chaingang One of Judge L. S. Roans last official acts as a Fulton county superior court judge was the saving of a young lad on Saturday from sentencing himself to the chaingang. Davis Bonner, aged 16, recently was arrested on a charge of burglary. He was indicted and faced a long chaingang sentence. It developed during his stay in jail that the lad had sworn that he was 18 years of age when in reality he was but 16. When Judge Roan learned the

Friday, 20th February 1914: Rehearing Motion Is Expected Today, The Atlanta Constitution

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  The Atlanta Constitution, Friday, 20th February 1914, PAGE 1, COLUMN 4. It is expected that that the attorneys for Leo M. Frank's defense will probably file today their motion for a rehearing of the case. Although closeted all day Thursday. Attorneys Reuben Arnold and Luther Z. Rosser were unable to complete the motion in time for fling. It is expected the document will be a lengthy one, containing in the neighbourhood of fifty grounds for rehearing. They remained silent Thursday, refusing to discuss their new action from any angle. The motion will be opposed by Attorney General Thomas Felder,

001 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows: Google This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary from country to country. Public domain books are our gateways

Saturday, 24th May 1913 Leo M. Frank is Indicted by Grand Jury for Mary Phagans Death; Negro, Newt Lee Held, The Atlanta Journal

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The Atlanta Journal Saturday, May 24th, 1913 (Page 1, Column 4) True Bills Against Pencil Factory Superintendent Returned Less Than Ten Minutes After Evidence Was Closed, at Noon, Saturday — Authority Quoted That He Will Be Tried During Third Week in June—Negro to Stay in Jail SOLICITOR DORSEY DID NOT ASK JURY TO ACT ON BILL PENDING AGAINST NIGHT-WATCHMAN Grand Jury's Session Began Friday Morning — Many Witnesses Examined, but Not All That Solicitor Has Were Introduced Into Grand Jury Room—Charge Is That Frank Killed Mary Phagan by Choking Her With a Cord That He Tied Leo M. Frank ,

1798 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ) ( I N D E X )Motion to set aside Verdict, Page 1.Amended Motion, Page 10.Demurrer, Page 11.Order on Demurrer, Page 16. Since all the page references are singular, I used "Page" for each entry. If there were any instances with multiple pages, I would have used "Pages" instead.

1511 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: MCKNIGHT, MINOLA (Albert McKnight) (Movant - rebuttal), Page 227MEYER, MRS. MAX (Mrs. Rachel Harris Miller) (Movant), Page 18MIOR, JOHN (Albert Minter) (Movant - rebuttal), Page 235PHILLIPS, CHAS. T. JR., (Mayfield), Page 235QUIN, L. A. ET AL. (Mayfield) (Movant), Page 12QUIN, L. A. ET AL. (Falata) (Movant), Page 13QUIN, LILLIE (Marie Karst) (Movant - rebuttal), Page 241SCHWAB, OTTO ET AL. (Bailey & Barrett), Page 260SCHIFF, H. G. ET AL. (Marie Karst) (Movant), Page 26SCHIFF, H. G. ET AL. (J. H. E. Booker), Page 31SCHIFF ET AL. (Falata and Mayfield) (rebuttal), Page 225SMITH, ORSCH ET AL.

1510 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: WITNESSES SUSTAINING AFFIANTS.ALEXANDER, H. A. (Chief et al.) (Movant-rebuttal), Page 246.ALEXANDER, H. A. (W. J. Burns) (Movant), Page 79.BARRETT, MAY (Mrs. Bailey), Page 60.BARKARD, B. (George Epps) (Movant - rebuttal), Page 254.BURKE, E. ET AL. (Ruth Roberson), Page 256.BURKE, C. W., Page 240.BURKE, C. W. (Marie Karst), Page 242.BURKE, C. W. (F. E. Duffy), Page 249.BURKE, C. W. (Lillian Knight), Page 260.BURKE, C. W. (Carrie Smith), Page 265.BURNS, W. J. (Albert Knight), Page 230.CAMBELL, PAT (C. B. Dalton) (State), Page 118.CONROY, JOSEPH W. (Dewey Howell) (Movant - rebuttal), Page 266.DENNISTON, AUSTIN G. (Ruth Roberson),

1509 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GILBERT, Y. J. (A. L. Carter) (State), Page 149.GRAHAM, C. J. (A. L. Carter) (State), Page 154.GUNNER, MAGGIE (A. L. Carter) (State), Page 153.HARDIN, DR. L. SAGE (Repes) (Repes), Page 10.HARRIS, JACOB (Carter) (State), Page 163.HERMAN, JOSEPH (Leiser Loeb) (Loewent), Page 19.HOLLOWAY, R. P. (Rayfield) (Loewent), Page 12.HOLLOWAY, R. P. ET AL. (A. L. Carter) (Loewent), Page 14.HOLT, H. H. (Bailey and Barrett) (State), Page 150.JACKSON, E. (A. L. Carter) (State), Page 166.JACOBS, J. (Loewent), Page 64.JAHNER, J. CARROLL ET AL. (Loewent) (Loewent), Page 76.MOORED, MARGORIE ET AL. (Loewent) (Loewent), Page 34.MONTAG, SIG ET

1508 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: SMITH, ORSON ET AL., (Ennis) (Movant), Page 80.STALLINGS, DR. RUSSELL D. (State), Page 140.STARNES, J. H. (State), Page 118.STATE'S COUNTER SHOWING, Page 81.STELKER, JOSEPH (Movant), Page 24.STELKER, JOSEPH (Movant - rebuttal), Page 246.STEVENS, G. A. K. (Affidavit as to Harris' refusal to sign affidavit) (Movant), Page 3.STOVER, MONTEEN (State), Page 216.TRIBLEBAUM, S. L. (Movant), Pages 20, 17, 79.TESTIMONY INTRODUCED BY MOVANT IN REBUTTAL, Page 224.THOMAS, E. D. (Movant), Page 225.THOMPSON, JOB (Movant), Page 231.WAGGONER, ROBERT L. (State), Page 130.WAITS, JAMES H. (State), Page 125.WAITS, MRS. HATTIE (State), Page 125.WELLBORN, F. J. (State), Page 113.WHITE,

1505 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GROUND 1, (Movant - rebuttal), Page 224.GROUND 2, Page 224.GROUND 3, Page 224.GROUND 5, Page 225.GROUND 9, Page 236.GROUND 10, Page 240.GROUND 11, Page 241.GROUND 13, Page 242.GROUND 14, Page 243.GROUND 14½, Page 245.GROUND 15, Page 247.GROUND 16, Page 248.GROUND 17, Page 248.GUNTER, KAGGIE (State), Page 153.HAAS, H. J. ET AL. (Movant), Page 57.HAAS, H. J. (Movant - rebuttal), Page 233.HAAS, LEONARD (Movant - rebuttal), Pages 11,51,78.HARRIS, H. F. (Movant - affidavit presented to but not signed), Page 2.HARRIS, DR. H. F. (Movant), Page 7.HARRIS, DR. H. F. (Movant - rebuttal), Page 224.HARRIS, JACOB

1506 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: JEFFERSON, MRS. GEORGE W. (State), Page 212.JONES, IVY (Movant), Page 33.JONES, IVY (State), Page 125.KARST, MARIE (Movant), Page 25.KARST, MARIE (State), Pages 106, 107.KENNEDY, MISS MAGNOLIA (State - transcript testimony at), Page 174.KNIGHT, J. O. (Movant - rebuttal), Pages 284, 287, 242.LAFFEN, MRS. CORA L. (Movant), Pages 34, 66.LANEY, W. J. (State), Page 172.LATIMER, W. CARROLL (ALEXANDER & HAS) (Movant), Page 78.LEKOFP, MAIER (Movant), Page 17.LEHON, DAN S. (State), Page 191.LEHON, DAN S. (Movant - rebuttal), Pages 226, 226, 241, 242, 242, 246.LYNN, FRED (Movant), Page 230.LACINTYRE, DAN, JR. (Movant - rebuttal), Page 229.LACINTYRE,

1507 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: PAZB, PROF. J. H. (Hovant), Page 6.PAPPENHEIMER, OSCAR (Hovant), Page 4.PATRICK, G. W. ET AL. (Booser) (Hovant), Page 47.PERKERSON, FRED (State), Page 210.PERRY, EUGENE (State), Page 124.PETTIS, NELLIE (State), Pages 110, 111.PHILLIPS, JR., CHARLES (State), Page 92.PHILLIPS, JR., CHARLES D. (Hovant - rebuttal), Page 225.PICKETT, E. H. (State), Page 90.PINK, MARY ET AL. (Hovant), Page 60.PUCKETT, O. H. (State), Page 126.QUINN, H. H. (State), Page 126.QUINN, W. T. (State), Page 140.QUINN, LILLIE (Hovant - rebuttal), Page 241.REBUTTAL OF HUSBAND OF HOVANT, Page 224.REESB, FRANK (State), Page 146.RICH, MARY (Col.) (Hovant), Page 26.RICH, MARY (State),

1504 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GANTT, J. H. (State), Page 119.GARNER, H. A. (State), Pages 96,129,130,203,206,223.GIRBSLIN, W. A. (State), Page 81.GILLESPIE, WILLIS J. (State), Page 149.GOODWIN, DAN M. (State), Page 209.GRAHAM, C. J. (State), Page 164.GROUND 1, MOTION NEW TRIAL, Page 1.GROUND 2, Page 12.GROUND 3, Page 12.GROUND 4, Page 13.GROUND 5, Page 14.GROUND 6, Page 19.GROUND 7, Page 19.GROUND 8, Page 21.GROUND 9, Page 24.GROUND 10, Page 25.GROUND 11, Page 26.GROUND 12, Page 27.GROUND 13, Page 30.GROUND 14, Page 33.GROUND 15, Page 34.GROUND 16, Page 34.GROUND 17, Page 36.GROUND 18, Page 61.GROUND 1, STATE'S EVIDENCE, Page 84.GROUND 4,

1503 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: DAIBON, G. BURTS (movant), Page 27.DABON, G. B. (State), Page 115.DARLEY, H. V. (movant - explaining wage order blanks), Page 32.DARLEY, H. V. (State), Pages 65, 66.DENHAM, MRS. GEORGIA (movant), Pages 65, 66.DENHAM, MRS. GEORGIA (movant-rebuttal), Page 237.DEWISOR, AUSTIN G. (State), Page 120.DEVORE, R. A. (State), Page 120.DOCUMENTARY EVIDENCE (State - indictment), Page 221.DONALDSON, J. Y. (State), Page 154.DOYAL, J. H. (State), Page 130.DUFFY, J. B. (movant), Page 34.DUFFY, J. E. (State), Page 120.DUFFY, J. E. (State), Page 130.DUNCAN, S. L. (State), Page 146.DARNELL, FLORENCE (State), Page 136.REYNOLDS, MRS. MAMIE (movant), Page 24.REYNOLDS, MRS.

1502 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ARMSTRONG, MRS. L. L. (State), Page 62.ARNOLD, HELL (State), Page 131.ARNOLD, REUBEN, ET AL. (Movant), Page 37.BAGHIAN, PROF. G. A. (Movant), Page 6.BAILEY, MRS. MAUD (Movant), Page 56.BAKER, HARRY (State), Page 141.BARRETT, MRS. MAY (Movant), Page 60.BARRETT, R. P. (State - transcript evidence cited), Page 186.BARRETT, R. P. (State), Page 204.BECKER, H. W. (Movant), Page 30.BERNARD, B. (Movant), Page 254.BLACK, JNO. R. (Movant), Page 10.BLACK, JNO. R. (State), Pages 62, 94, 202.BOOZER, J. W. (Movant), Page 56.BOYD, W. W. (State), Page 92.BRANCH, HARLIS (Movant), Page 6.BRANDON, MORRIS ET AL. (Movant), Page 37.BRANDON, MORRIS (Movant

1501 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: LEO M. FRANKVS.STATE OF GEORGIAREHEARING MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.INDEX TO BILL OF EXCEPTIONSINDEX TO BILL OF EXCEPTIONS PRESENTED BY ATTORNEYS FOR PLAINTIFF IN ERRORMOVANT'S EVIDENCE, Pages 1-60.STATE'S EVIDENCE, Pages 61-285.MOVANT'S EVIDENCE IN REBUTTAL, Pages 284-264.11/19/14 Frank v StateWITNESSESADKINS, J. A. (State), Page 140.ALEXANDER, H. A. (Movant), Pages 72, 73, 164.ALLEN, AARON (State), Page 157.ALLEN, KATE (State), Page 157.AMENDMENT, FIRST, TO MOTION NEW TRIAL, Page 56.AMENDMENT, SECOND, Page 56.AMENDMENT, THIRD, Page 61.AMENDMENT, FOURTH, Page 65.AMENDMENT, FIFTH, Page 132.AMENDMENT, FIRST, STATE'S EVIDENCE, Page 182.AMENDMENT, SECOND, STATE'S EVIDENCE, Page 141.AMENDMENT, THIRD,

1314 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10 (Continued).April 24, 1913. Received of National Pencil Co. 12 cents parcel post.(Signed) A. Mann, B.April 24, 1913. Received of National Pencil Co. 50 cents thread. (Signed)A. Mann, F.April 24, 1913. Received of National Pencil Co. $1.00 dray. (Signed)Truman McCrary.April 25, 1913. Received of National Pencil Co. 10 cents carfare.(Signed) A. Mann, F.April 26, 1913. Received of National Pencil Co. $2.00 dray. (Signed)Truman McCrary.April 26, 1913. Received of National Pencil Co. 75 cents express.(Signed) So. Express Co., F.April 26, 1913. Received of National Pencil Co. $4.00 time for office work.(Signed) Herbert Wright,

1311 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 7—Continued.Three pencil sheets (the last two lines of which are in Frank's handwriting), part of data for financial sheet.FACTORY RECORDNATIONAL PENCIL COMPANY, Atlanta, Ga. Week Ending April 12, 1913PENCIL STOCKDATE 6 Copy N.P. 70% 75% 75% 75% 3PL 40% 410% 420% 425% 430% 440% 450 T 460 470 SPL 20% 25%

1300 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: 176 .................................................. 254177 .................................................. 189178 .................................................. 190179 .................................................. 191180 .................................................. 192181 .................................................. 193182 .................................................. 194183 .................................................. 195184 .................................................. 196185 .................................................. 197186 .................................................. 198187 .................................................. 199188 .................................................. 200Date April 26, 1913.Solicitor Dorsey stated in open court that he had made the erasure noted on this time slip, supposing it to have been put there by the detectives, the words erased being "Taken out 8:26 a. m."DEFENDANT'S EXHIBIT 3.Data sheet, being part of financial sheet.PRODUCTIONS: WEEK-ENDING 4/24/13Gross Production 2765.5.Net Production 2719.5.Repacked good 10.Repacked cheap 36.Value repacked $70.00.Rubber inserted 720.Rubber cheap 667.5.Rubber good 706.5.Lead good 747.Lead cheap

1299 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: 253DEFENDANT'S EXHIBIT 1.Time slip, dated April 26, taken out of clock by Frank.101 .......... 601 .......... 138102 .......... 682 .......... 139103 .......... 700 .......... 140104 .......... 732 .......... 141105 .......... 800 .......... 142106 .......... 831 .......... 143107 .......... 906 .......... 144108 .......... 932 .......... 145109 .......... 1029 .......... 146110 .......... 1104 .......... 147111 .......... 1200 .......... 148112 .......... 107 .......... 149113 .......... 135 .......... 150114 .......... 203 .......... 151115 .......... 301 .......... 152116 .......... 330 .......... 153117 .......... 154118 .......... 155119 .......... 156120 .......... 157121 .......... 158122 .......... 159123 .......... 160124 .......... 161125 ..........

942 Page – 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

940 Page – 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.** -

941 Page – 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-

938 Page – 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-

937 Page – 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.

939 Page – 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,

936 Page – 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,

935 Page – 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

934 Page – 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

933 Page – 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.-

931 Page – 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

932 Page – 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-

928 Page – 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

930 Page – 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.-

929 Page – 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

926 Page – 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,

927 Page – 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.-

925 Page – 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

924 Page – 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

922 Page – 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

923 Page – 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,

921 Page – 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,

920 Page – 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**:

919 Page – 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

916 Page – 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

915 Page – 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

914 Page – 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

912 Page – 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

911 Page – 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

913 Page – 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

909 Page – 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

910 Page – 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

907 Page – 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

908 Page – 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

905 Page – 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

904 Page – 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

906 Page – 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

903 Page – 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.

902 Page – 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

901 Page – 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

900 Page – 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.

899 Page – 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,

898 Page – 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

897 Page – 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

895 Page – 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

896 Page – 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,

894 Page – 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.

893 Page – 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

892 Page – 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

890 Page – 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

891 Page – 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

889 Page – 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

888 Page – 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,

887 Page – 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;

885 Page – 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

886 Page – 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

882 Page – 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

883 Page – 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.

884 Page – 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

880 Page – 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

881 Page – 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

878 Page – 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

879 Page – 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

877 Page – 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

876 Page – 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

875 Page – 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

874 Page – 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.

873 Page – 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

871 Page – 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

872 Page – 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

870 Page – 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

868 Page – 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

869 Page – 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

865 Page – 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

866 Page – 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

867 Page – 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

863 Page – 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

864 Page – 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

860 Page – 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

862 Page – 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

861 Page – 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

858 Page – 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

859 Page – 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,

857 Page – 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"

856 Page – 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

855 Page – 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

853 Page – 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

854 Page – 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

852 Page – 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

851 Page – 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

850 Page – 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

849 Page – 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

847 Page – 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

846 Page – 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

848 Page – 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

844 Page – 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,

845 Page – 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

843 Page – 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

842 Page – 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?

841 Page – 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

839 Page – 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

840 Page – 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

838 Page – 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

836 Page – 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,

837 Page – 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

835 Page – 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

834 Page – 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

833 Page – 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

832 Page – 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

831 Page – 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

829 Page – 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

830 Page – 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

827 Page – 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

828 Page – 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

826 Page – 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

824 Page – 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

825 Page – 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

822 Page – 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

823 Page – 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?

821 Page – 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

820 Page – 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

818 Page – 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

819 Page – 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.

816 Page – 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.

817 Page – 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

815 Page – 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

814 Page – 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

813 Page – 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

812 Page – 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

811 Page – 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

810 Page – 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

807 Page – 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,

808 Page – 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

809 Page – 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

806 Page – 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

805 Page – 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

803 Page – 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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