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

Here is the translated text as follows:

742 X, AMERICAN STATE TRIALS.

The extension was granted to Otis solely to provide the Executive with time to receive information from the court.

Mr. Hilliard stated that some of the prisoners had been identified by the crew of the Mexican. It was well known that no evidence was more prone to objection than that relating to identity. Nothing changed more than the human countenance when exposed to the influence of a tropical sun or strong excitement. The records of the courts proved this. The captain thought he recognized a dead man (Delgardo) as one of those who had held a knife to his throat in the cabin. Mr. Hilliard argued that if the captain could identify anyone, it would more likely be one of those who accompanied him in the boat on the open sea, when his mind was undisturbed, rather than one of those who assaulted him in the cabin, where the light was necessarily somewhat obscured.

The captain could provide no description of their dress; in fact, he identified nothing. However, it was different with the mate; he never forgot anything. He claimed he could remember all the messmates he had ever seen or known, and that once he saw a face, he never forgot it. Yet, despite this, he recalled nothing of the dress of the individuals who boarded the Mexican, except that one man had cowhide shoes, and he even noted the binding of these shoes. Was it possible for a man to be so meticulous in his observation as to describe the binding of a pair of shoes, yet not be able to specify any other article of dress? Not able to mention anything about the jackets, etc., of the other men?

Mr. Hilliard then alluded to the great similarity in the appearance of Spanish sailors, their universally swarthy complexions, etc.; to the evidence of the boy Battis, who, when on board the brig Savage at Salem, claimed he recognized two of the prisoners but never mentioned the circumstances to any of the numerous friends and companions around him; and to the improbability of the cook of the Mexican (Ridgely) being able to distinguish the scars on the face of Ferrer, the cook of the schooner, whom he stated he saw on the fore-top-gallant yard.