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

Here is the translated text as follows:

104 X. AMERICAN STATE TRIALS.

The witnesses speak for themselves. There is a power in their presence and mode of testifying which drew from the circuit attorney the exclamation: "I believe every word they say!" But we can't educate away disease and misfortune. His epileptic disorder came upon him at seventeen, and his irresistible impulses evinced themselves earlier. But, neither singly, nor both together, have they been able to prevent the growth of high aspirations, kindness of nature, gentleness of disposition, integrity of soul, and honesty of purpose.

"Why did not," exclaims the circuit attorney, "why did not his epileptic fits come upon him before the September term of this court?" I can't answer that. God knows; the most expert of the earth in disease cannot tell—but one thing is certain, the fact is conclusive against feigned insanity. If the insanity were feigned, he would have had them on the ears; at all convenient localities; they would have been seen of men everywhere; they would have been public convulsions. They were far otherwise. A watchful mother, imprisoned with her child, sometimes an aged father; sometimes a few female friends, who are not ashamed of sympathy for the unfortunate, were the witnesses. The jailer was not even notified. But I do not make battle against feigned insanity. The argument would be an insult to the understanding. The only trouble is to get the thing, supposed to be feigned, recognized as insanity.

The witnesses who saw Worrell on the Boonslick road are brought to say whether they saw any indication of insanity in the glimpses they had of him, and they answer no. This evidence is worthless in any case of insanity which does not perceptibly hurt the intellectual faculties. They did not hear him say "any foolish thing;" they thought him "a perfect gentleman," and "well educated." They had no occasion to hunt for insanity, and if they had—and insanity existed without doubt, but in that form—not one of them would have found it out.

It is said by the prosecution that insanity must be affirmatively and satisfactorily established by the defense, beyond all reasonable doubt. I deny the proposition; it is not law.

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