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

Here is the translated text as follows:

I am sorry you did not think it proper to make an affidavit regarding your circumstances. You are a perfect stranger to the court, at least to me. I do not know you personally—I know nothing of you beyond having recently heard your name mentioned in some publication. Everyone is aware of the political disputes that have existed among us. It is well-known that there are two parties in the country; you have stated this yourself. You have taken one side—we do not claim that you do not have the right to express your sentiments, only that you should take care not to injure the characters of those to whom you are opposed.

Your circumstances ought to have been disclosed in an affidavit so that the court might have judged the extent of the offense. We did not intend to harm you with this open disclosure.

Mr. Cooper: I have nothing to disclose that I am ashamed of.

Judge Chase: If we were to indulge our own ideas, there is room to suspect that in cases of this kind, where one party is against the government, gentlemen who write for that party would be indemnified against any pecuniary loss, and that the party would pay any fine imposed on the person convicted. You must have known, I suppose, before you made any publication of this kind, whether you were to be supported by a party or not, and whether you would be indemnified against any pecuniary loss. If the fine were only to fall on yourself, I would consider your circumstances. However, if I could believe you were supported by a party inimical to the government, and that they were to pay the fine, not you, I would go to the utmost extent of the court's power.

I understand you have a family, but you have not thought it proper to state that to the court. From what I can gather from you, it appears that you depend on your profession for support. We do not wish to impose such a rigorous fine as to be beyond a person's ability to pay, but the government must be secured against these malicious attacks. You say that you are not conscious of having acted from malicious motives. It may be so; saying so, we must believe.