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

Here is the translated text as follows:

858 &X. AMERICAN STATE TRIALS.

The questions intended to be put, and which were propounded by Mr. Nicholas, declared Colonel Taylor’s evidence to be inadmissible. No evidence, he said, is admissible that does not justify the whole charge. The charge you mean to justify by this witness, as I understand you, is that the President is a professed aristocrat and that he has proved serviceable to the British interest. You must prove both these points, or you prove nothing. Now, as you do not attempt to prove the whole of one specific charge, but only a part of it, your evidence cannot be received. This is the law, both in civil and criminal cases; he who justifies must justify an entire charge, or else his defense does not amount to a justification in law.

You have not proved the truth of any particular charge, though in order to excuse it, you must prove the whole; to prove the truth of a part only is not proving what is material. The attorney proposed to prove his indictment. He has exhibited his oral and written testimony to prove it. The traverser excuses himself from the imputed guilt by averring that part of some of the charges is true. Is this evidence proper when the whole charge is in issue? If it is, the proof of a very trivial part of an important indictment would excuse from the whole; but I pronounce the law to be otherwise, and take the responsibility on myself, and risk my character on it.

It may be said that this will preclude the party from the privilege of his testimony; but this will only be a misrepresentation. It precludes them from no legal benefit. My country has made me a judge, and you must be governed now by my opinion, though I may be mistaken; but if I am not right, it is an error in judgment, and you can state the proceedings on the record so as to show any error, and I shall be the first man to grant you the benefit of a new trial.

Questions:

1. Did you ever hear Mr. Adams express any opinion favorable to monarchy and aristocracy, and what were they?

2. Did you ever hear Mr. Adams, while Vice-President, express his disapproval of the funding system?

3. Do you know whether Mr. Adams did not, in the year 1794, vote against the sequestration law and the bill for suspending commercial intercourse with Great Britain?