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

Here is the translated text as follows:

JAMES THOMPSON CALLENDER

Other testimony, however irregular or improper, might also be admitted. Particularly, it would be a departure from the universal principle of law, which requires the production of the best testimony that the nature of every case admits. The journals and records of Congress are the best evidence of what votes have been given on any subject discussed before that body.

John Chase, Mr. Nelson: Being very much pressed by the young gentlemen who defend the traverser to admit this testimony, I was going to recommend that you permit those questions to be put to the witness, though they are certainly irregular. I wish you could consent that they should be propounded.

Mr. Nelson declared that he did not feel at liberty to consent to such a departure from legal principles.

Mr. Wirt: Gentlemen of the jury, I premise that the situation of the defendant and his counsel is extremely embarrassing. As Mr. Callender had been presented, indicted, arrested, and tried during this term, I have not been able to procure the testimony essential to his defense, nor are his counsel prepared to defend him. The conduct of the court was apparently precipitate in not postponing the trial until the next term.

Judge Chase told him he must not reflect on the court.

Mr. Wirt said that his object was not to reflect on the court but to apologize to the jury for the weakness of a defense which he was about to make.

Judge Chase, after observing that his apology included the very reflection he denied, told him to proceed with his case.

Mr. Wirt: Gentlemen of the jury, I am prevented from explaining to you the causes which have conspired to weaken our defense, and it is no doubt right that I should be prevented, as the court has so decided. Permit me, then, gentlemen, to pass on abruptly to the law under which we are indicted. You will find that a material part of your inquiry will relate to the powers of a jury over the subject committed.

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