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

Here is the translated text as follows:

EDWARD D. WORRELL, 37

The power to take life is the most awful power a government possesses, and because of its gravity, its exercise demands the utmost caution. A government may take life, but it should be fatal to the peace of any tribunal of government to do so by crossing the line that marks the distribution of power. If the boundary is doubtful—if we are not certain of the legal territory on which we stand—humanity, the spirit of the law, and justice itself demand that the path of safety is to err humanely. We should not lend an ear to the voice of excitement, even if that voice counsels otherwise. Excitement confounds judgment by substituting feeling for reason. Even the best of men are subject to this disturbing influence, but the spirit of our law will not permit any man to minister in this temple of justice while under its power. To this end, it provides a shelter from excitement—a city of refuge—not such as Moses created to protect the unhappy Jew from the avenger of blood, but a jury of twelve men, uplifted beyond the reach of the highest wave of popular commotion.

The means of refuge is a change of venue, but the law ensures that excitement does not pursue. How carefully did his Honor, who sits above you, probe each of you to find in your head an opinion, or in your heart a feeling against the prisoner? But no sooner are you sworn and impaneled, and charged with the fate of the accused, than the first assistant Prosecutor, my friend, Mr. Coalter, rises to let in the disturbing elements of passion, which the law was so careful to keep out. He starts in passion and touches every cord of feeling in the human heart as he goes. The deceased is described as "the noble son of a widowed mother"—a whole people, roused by his lofty qualities, in the depth of winter are seen dragging the earth, shrouded by deep snow, to find the body. On the bare suspicion of his "taking off," they left their "comfortable firesides, amid the bitter inclemency of the season," and "turned out to a man"—they were "deeply roused" that one "so noble" should meet "disaster so foul"—they felt that a man "so good" should not perish without retribution on his murderers. Their acuteness took inspiration from indignation.