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

Reading Time: 3 minutes [400 words]


Here is the translated text as follows:

In the case of American State Trials, the statute under which the defendant, referred to as the traverser, is indicted provides an excuse if the allegations contained in the publication are proven true. If not all of the twenty sets of words stated in the indictment as charges against the traverser are proven, or if the traverser can prove any of them to be true, the jury will acquit him of those charges not established against him, as well as those he can prove to be true. The jury will then find him guilty of the remaining charges.

These inquiries, conducted on behalf of the government of the United States and the traverser, fall within the jurisdiction and terms of the oath of the petit jury. The jury has been sworn "to well and truly try the issue joined between the United States and the traverser at the bar, and to give a true verdict according to their evidence." The issue joined is whether the traverser is guilty of the several offenses charged in the indictment. To this issue, no evidence is admissible—whether from the government or the traverser—unless it is pertinent or applicable.

To fulfill their duty, the petit jury must first determine whether the traverser committed all or any of the acts alleged in the indictment to have been done by him prior to the indictment. If they find that he did commit all or any of the said acts, their next inquiry is whether such acts have been made criminal and punishable by the statute of the United States on which the traverser is indicted. For this purpose, they must review the statute and carefully examine whether the facts charged and proven fall within its provisions.

If the words that create the offense are clear and intelligible, the jury must then determine whether the offense proven is of the type of criminality charged in the indictment. However, if the words are ambiguous or doubtful, all construction should be rejected. The statute under which the traverser is indicted states that "the jury who shall try the cause shall have a right to determine the law and the fact, under the direction of the court, as in other cases." By this provision, it is understood that the jury is given the right to determine what the law is, in conjunction with the facts of the case.

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