Leo Frank TV

Here is the translated text as follows:Anid Lae---Se Ae RanSity Law Library---If you have any additional context or content you'd like to include, please let me know!

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

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-

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.** -

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,

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-

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.

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,

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

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

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.-

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-

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

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.-

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

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

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.-

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,

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

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

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,

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

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,

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**:

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

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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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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.

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,

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

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

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,

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

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.

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

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

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

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

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

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,

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;

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

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

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

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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