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

Here is the translated text as follows:

THOMAS COOPER

A case too little known, but of which the people ought to be fully apprised before the election, and they shall be.

Most assuredly, had these transactions taken place in August 1797, then President Adams would not have been troubled by any request from Thomas Cooper.

Northumberland, Nov. 2, 1797.

The prisoner, without counsel, appeared on his own behalf and pleaded not guilty. The jury was then selected.

William Rawle, District Attorney, represented the United States.

At the outset, a question arose concerning the right of the prisoner to compel the attendance of several members of Congress (as Congress was then in session) and of the President as witnesses.

Mr. Cooper asked the court to address a letter to the Speaker of the House, requesting him to have process served. Judge Peters thought this was the proper course. Judge Cass ordered the process to issue without such a letter, stating that if it was necessary to compel the attendance of the members, the case would be continued until the session was over. He simultaneously refused to permit a subpoena to be issued directed to the President of the United States, stating that it was an improper and indecent act.

The case was continued to April 19 to enable the defendant to procure documentary and other evidence which he considered material.

April 19

The difficulty in obtaining the attendance of the members of Congress who were subpoenaed was ultimately waived by them; several appeared voluntarily in court and were ready to give their testimony.

The jury was sworn in.

Mr. Rawle stated: The defendant stands charged with attempts which the practice and policy of all civilized nations have deemed necessary to punish with severity. He is accused of having published a false, scandalous, and malicious attack on the character of the President of the United States.

*See 4 Am. St. Tr., 624*