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

Here is the translated text as follows:

JAMES THOMPSON CALLENDER

Joint publisher with himself, and another witness declared that he explained the meaning of a certain term, supposed to be ambiguous in its application. Is it possible to entertain any doubt? Thus stands the evidence as to the publication.

It will be proper for me, gentlemen of the jury, to state to you what constitutes a publication in point of law, as it pertains to writing or printing. The direct or indirect circulation or emission of a libel is considered a publication thereof, in law and in fact, and this has never been questioned in a court of law. If it appears to you that James Thompson Callender did not directly or indirectly emit or circulate this paper, then he is not the publisher thereof. If he is not the publisher directly nor indirectly, then he ought to be acquitted. And if he is the publisher, but the intention thereof is not criminal—that is, if the matter contained therein is not false, scandalous, and malicious—still he ought to be acquitted. However, if he is the publisher and the matter is libelous—that is, false, scandalous, and malicious—the intention must be wicked and criminal, and you must find him guilty.

For the questions you are to try, gentlemen of the jury, are: Was this paper published by the traverser? Was the intention criminal? That is, is the matter false, scandalous, and malicious? The evidence which you have heard ascertains the first question, and an examination of the paper, or such parts of it as are laid in the indictment, will guide you further.

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Excerpts from the Indictment:

17. "It is happy for Mr. Adams himself, as well as for his country, that he asserted an untruth."

18. "In the midst of such a scene of profligacy and usury, the President has persisted as long as he dared, in making his utmost efforts for provoking a French war."

19. "For although Mr. Adams were to make a treaty with France, yet such is the grossness of his prejudice, and so great is the violence of his passions, that under his administration, America would be in constant danger of a second quarrel."

20. "When a chief magistrate is both in his speeches and in his newspapers, constantly reviling France, he can neither expect nor desire to live long in peace with her. Take your choice then between Adams, war, and beggary, and Jefferson, peace, and competency."

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This revised version should be clearer and more readable.