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

Here is the translated text as follows:

768 &X. AMERICAN STATE TRIALS

The trial here was conducted with reference to certain suggestions and questions regarding whether money had been divided among the crew of the Curlew. This question was clear and understandable to everyone. As an individual, after the most careful examination, I must say that I found nothing in Captain Trotter's actions that a man in his position might not fairly do. The learned judge further stated, in reference to this matter, that if, in this first instance of national reciprocity, British officers found themselves accused without sufficient reason, it would be, as it was the first, most assuredly the last time they would expose themselves to such consequences.

It was, however, possible that Captain Trotter might have acted with perfect propriety, and yet the prisoners could still be innocent of the crime imputed to them. Conversely, Captain Trotter might have done wrong, and the prisoners could still be guilty. The jury was reminded that Captain Trotter's conduct was a matter separate from the guilt or innocence of the prisoners.

Regarding the capture of the Esperanza, the rule of law was that a probable cause would justify taking possession of her; and if this could be proved, no damages could be recovered. Damages could only follow a wanton and manifestly improper seizure.

Judge Story then moved from this topic to the merits of the case between the government and the prisoners. He admonished the jury that if there remained a reasonable doubt in their minds as to the guilt of the prisoners, they were to give the prisoners the benefit of it. It must, however, be a reasonable doubt, not a vain and trifling one.

The present case, he said, might be divided into three questions: First, was the Mexican robbed? Secondly, if that robbery was committed, was it committed by the Panda? Thirdly, if robbed by the Panda, were all the prisoners present implicated in the crime?

With regard to the first question, there could be no doubt. No one attempted to deny that the Mexican was robbed in latitude 83, longitude 2414; and that, after the specie had been taken from her, her crew was placed below and at-

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