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

Here is the translated text as follows:

764 X. AMERICAN STATE TRIALS

The gallantry with which they, upon all occasions, risked their lives in behalf of the general weal.

November 24.

JUDGE STORY'S CHARGE

Judge Story:

Gentlemen, this important and protracted case is now, I hope, drawing to a close. In terms of its duration and the extraordinary nature of the circumstances developed, it is without parallel in the history of our courts. Great diligence and exertion have been used to bring out the facts; those facts are now before the jury, and it is for you to decide as to the guilt or innocence of the prisoners.

The prisoners have all pleaded not guilty, and I feel sure that in a case like this, I need not emphasize the necessity of using deliberation and caution in forming your judgment. On one side, the lives of the prisoners are in your hands, and on the other, the preservation of public justice. The lives of the prisoners are dear to them, and the due and proper administration of justice is no less dear to the country.

The case has been argued for the defense with great elaborateness, ingenuity, and eloquence; and the reply of the district attorney is marked with equal diligence, moderation, and candor. Little more remains, then, for the court but to sum up the facts and present to the jury the most important elements contained in the testimony that has been adduced before them.

I wish the jury to understand (the case having, as I said before, been argued so elaborately and in detail) that they are not to take the facts I give them as all the facts, but only as the most important ones. As the case, for the most part, turns on a question of fact, it is for the jury to decide upon it in that respect.

The suggestions I am about to make are intended solely to assist you in coming to correct results. If, in the course of my remarks, I happen to differ in any way from you, you should follow the dictates of your own minds and consciences, without being influenced by any observations or opinions expressed by me. You are to use your own judgment.