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

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Here is the translated text as follows:

American State Trials

With a stock of the best provisions on the coast, owing to the best sources, such as beef, pork, etc., the weather was favorable. It is advisable to take but little bread, as it spoils.

Mr. Dunlap asked the witness if he had not been involved in the slave trade. Mr. Child objected to the question as irrelevant. Judge Story did not think so, as the query concerned the gentleman’s—she begged pardon—the witness's character. Mr. Dunlap again posed his question, to which the witness replied that when he could not get ivory, he had certainly dealt in slaves.

November 18

The District Attorney stated that an officer had called upon him last evening and asked his opinion on whether or not he had done wrong in permitting an individual to speak to one of the jurors in his (the officer’s) presence. The conversation related wholly to a cargo of fish and had no connection with the present case. Mr. Dunlap said he did not mention this from any desire to subject the officer to punishment or reprimand, but simply from a desire that the Court should express an opinion that would serve for the future regulation of the matter. Both jurors and officers at present believed they were justified in acting as mentioned above.

The Court stated that there were some cases in which it would be unjust, cruel, and against the interests of justice to refuse a certain degree of liberty to jurors. In the present case, a juror had been taken ill and had sent for and been visited by a physician. The permission of the Court ought, however, to be obtained whenever possible, as it was of the utmost importance during a capital trial that jurors should be kept from intercourse with any but the individuals of their own number.

After some remarks from Mr. Dunlap and Mr. Child, it was agreed that the jurors in the present case should be permitted to have intercourse with their friends and to send written instructions for the regulation of their affairs, provided always that such interviews and instructions take place and be given in the presence of their colleagues and the officer to whose care they had been entrusted.

Captain Arana

It was not likely that the Panda and Mexican could meet at the point where the latter was robbed. Should they do so, it would be a miracle, as the clipper, sailing so much faster than the Mexican, ought to be greatly ahead of that vessel. The weather in the months of August and September would be favorable for the schooner’s passage from Havana. The worst weather she would encounter would be off the Bermudas.

Santiago Elorza

I have followed the sea for five years and have been an officer for three years. I have been on one voyage to Africa from Havana and one from Cadiz. There is a great difference between the sailing of clippers and ordinary merchantmen. The former is built entirely for sailing, and the latter for burden. I have seen eleven and a half knots achieved by a clipper, while the brig I am in now would not go, with the same wind, more than that.

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