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

Here is the translated text as follows:

508 X. AMERICAN STATE TRIALS.

The soldiers had the right to stand their ground and repel force with force, rather than retreat and yield to the rioters.

It is unnecessary for me to discuss what you should do regarding the other six prisoners, in case they had gone to the custom-house not to protect the sentry but to disturb the peace, or if they had agreed to do so after arriving and before the firing began, or if they had actually unlawfully abetted the killing. None of these scenarios have been testified to, nor can any of them be inferred from the evidence presented to you.

Having already spoken at greater length on this occasion than I would have deemed necessary in a similar case at any other time, I will not add further.

Mr. Justice Oliver and the other justices also summarized the evidence for the jury and provided their opinions on the law and the evidence. However, they did not differ in any significant way from Mr. Justice Trowbridge, who, according to the court's custom, spoke first.

THE VERDICT AND JUDGMENT

The jury withdrew and, after two and a half hours, returned to the court with a verdict of not guilty for all the prisoners except Killroy and Montgomery. These two were found not guilty of murder but guilty of manslaughter. They requested the benefit of clergy, which was granted to them. Consequently, they were each branded on the hand in open court and then discharged.