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

Here is the translated text as follows:

818 X. AMERICAN STATE TRIALS

The defense attempted to take advantage of the existing prejudice against the Sedition Law. However, when Mr. Wirt began to argue against the constitutionality of the law, Judge Chase ordered him to his seat, and he quietly obeyed.

"Hear my words!" shouted the Judge. "I wish the world to know them! My opinion is the result of mature deliberation!"

No sooner had Chase concluded his pompous proclamation than Mr. Wirt once more turned to the jury. Quoting directly from the third section of the Sedition Act, which provided that the jury "should determine the law and the fact under the direction of the court, as in other cases," he calmly proceeded to discuss the forbidden subject. He declared that the Constitution was the law, and as the jury had the right to determine the law, they logically had the right to consider the Constitution.

"A non sequitur, sir!" shouted Chase, whereupon Wirt sat down, and Nicholas took up the same line of argument until he was virtually smothered by interruptions from the bench. Then Hay resumed the attack, but by this time the judge had worked himself into a fury. The senior counsel, flatly contradicted, badgered, and insulted almost every time he opened his lips, suddenly brought the unseemly contest to a close by taking his seat and gathering up his papers.

"Please proceed, sir," requested the Judge, "and be assured that you will not again be interrupted by me. Say what you will." The senior counsel, however, offered no response to these advances. "I think it right to interrupt counsel when mistaken in the law," he protested. "Yet I do not mean to interrupt improperly. There is no reason to be captious."

Finally, as the counsel left the courtroom, the judge half rose from his chair, and roaring, "As you please, sirs!" turned to the jury and began a long and careful charge.

Two hours later, a verdict of guilty was recorded, and the prisoner was sentenced to nine months' imprisonment.