Author: Historical Librarian

Here is the translated text as follows:344 X, AMERICAN STATE TRIALS,You stand in the way of the consummation of your diabolical and evil plans.You say that you and Schiff made up the payroll on Friday, and I wouldn't be at all surprised that, after little Mary had gone and while you and Schiff were making up the payroll on Friday afternoon, you saw little Mary's name and you knew that she hadn't been notified to come there and get her money at six o'clock on Friday afternoon. Then, as early as three o'clock—yes, as early as three—knowing that this little

Here is the translated text as follows:LEO M. FRANK, 345The issue at hand is torn down, and the person who refused to go into specific instances on cross-examination, if he didn't contemplate this little girl's ruin and damnation, it was because he was infatuated with her and didn't have the power to control that ungovernable passion. There's your plot; and it fits right in and seems tight up, and you can twist and turn and wobble as much as you want to, but out of your own mouth, when you told your detective, Scott, that this man Gantt was familiar

Here is the translated text as follows:346 X. AMERICAN STATE TRIALS.He returned from the factory and said, "But I know there were several of them, and I went on chatting with Mr. Montag." I told you I was going to read this to you, and I just wanted you to know we were going to have this out with you. Another thing he said was, "I moved the papers I brought back from Montag's into the folder." Old Jim says he had the folder and put it away. "I would look and see how far along the reports were, which

Here is the translated text as follows:LEO M. FRANK, 347In another instance, he says, "I chatted with them." "Entering, I found quite a number of people, among them Darley," etc. "I chatted with them a few minutes,"—using the same words Jim said he used with reference to this girl: "Miss Hall left my office on her way home; there were in the building at the time, Arthur White and Harry Denham and Arthur White's wife, on the top floor; to the best of my knowledge, it must have been ten or fifteen minutes after Miss Hall left my office when

Here is the translated text as follows:348 X. AMERICAN STATE TRIALS.While out of the building, he wanted to call Jim Conley, if Jim had seen, and his saying that he had seen would have given him away. Then it was that he wanted to get her out of the building, and he sent her upstairs and then went upstairs to get her out and pretended to be in a big hurry to get out. But according to her evidence, instead of going out, he didn't have on his coat and went back into his office and sat down at his

Here is the translated text as follows:LEO M. FRANK, 349Like you, I would have stormed the jail or done anything. It oughtn't to be, because that thing ought to be left to be threshed out before an upright court and an honest jury.But this man Frank knew—he didn't expect her to turn him down. He paved the way, he had set the snare, and he thought that this poor little girl would yield to his importunities. But, ah! thank God, she was made of that kind of stuff to which you are a stranger, and she resisted, she wouldn't yield.

Here is the translated text as follows:350 X. AMERICAN STATE TRIALS.You are born, and that man is not like other men. He saw this girl, he coveted her; others without her stamina and her character had yielded to his lust, but she denied him. When she did, not being like other men, he struck her, he gagged her, he choked her. Then, able counsel go through the farce of showing that he had no marks on his person! Durant didn't have any marks on his person either. He didn't give her time to put marks on his person, but in

Here is the translated text as follows:LEO M. FRANK, 351Blood was spattered towards the dressing room; you know it was blood because Starnes says he saw it was blood and he saw that the haskoline had been put over it. I’m going to read you this man’s statement, too, unless I give out physically, about this haskoline. It’s the purest subterfuge that ever a man sought to palm off on an honest jury.Starnes tells you that he found more blood fifty feet nearer the elevator on a nail. Barrett—Christopher Columbus Barrett, if you will—discovered the hair that was identified, I

Here is the translated text as follows:352 X. AMERICAN STATE TRIALS.In the dressing room at a time when no reward is shown to have been offered—and indeed, when you know that no reward was offered because no executive of this state or of this city offered any reward during Sunday or as early as 7 or 8 o'clock Monday morning—I say to you that this man Barrett stands as an oasis in a mighty desert, standing up for truth and right and telling it, though his own job is at stake, and you know it. And you may fling your

Here is the translated text as follows:LEO M. FRANK, 353A white substance was smeared over it. "It was not there Friday, I know," said Mel Stanford, "because I swept the floor Friday at that place. The white substance appeared to have been swept over with a coarse broom; we have such a broom, but the one used by me Friday in sweeping over that identical spot was of finer straw. The spots were dry, and the dark led right up here within five feet of where the smear was." Blood and haskoline.Jim Conley saw her go up and didn't see

Here is the translated text as follows:354 X. AMERICAN STATE TRIALS.The witness did not go back on the affidavit which he had signed, though he did modify his statements.All right; I'm not going to call over all these other people—Mrs. Small and others—though Mrs. Carson denied it, she went there—who claimed to have seen that blood. But to cap it all, Mel Stanford says, "I swept the floor"—he's an employee and he's an honest man—"it wasn't there Friday." Why? Because old Jim, when he went to move that body, put it there Saturday. To cap it all, Doctor Claude Smith,

Here is the translated text as follows:LEO M. FRANK. 855Consider that scuttle hole. Don't you know that Frank would have rushed to get his detective, Scott, to put the police in charge of the information that blood had been found there? But long after Jim Conley had been arrested, after this man Holloway had arrested him, after Holloway had said that Jim was "his nigger," realizing the desperation of the situation and that something had to be forthcoming to bolster up the charge that Conley did it, then it was—and not until then—that this man McWorth, after he had gone

Here is the translated text as follows:356 X. AMERICAN STATE TRIALS.After he killed that girl and changed his clothing, that old Newt didn’t have the time. Why did he say it then? Because he knew that Lanford and Black and the other detectives who were there would have examined that slip for themselves, then and there, and would have seen that these punches were regular or irregular. But he stood there, and because he knew he would be detected if he tried to palm off a fraud at that time and place, this man of keen perception, this man who

Here is the translated text as follows:LEO M. FRANK, 357It is evident that someone planted that shirt sometime on Monday, though we do not know at whose instance and suggestion.Regarding the club, both Doctor Harris and Doctor Hurt have stated that the wound could not have been inflicted with that club. Not a single doctor among the numerous good men and competent doctors has contradicted this. A physical examination of the shirt reveals that it was not worn by the person when the blood got on it—there is as much blood on the inside or the underside that did not

Here is the translated text as follows:358 X. AMERICAN STATE TRIALS.I was about to have lunch when I got to my house, and Minola answered the phone. She responded that she would have lunch immediately and for me to come right away. I then gathered my papers together and went upstairs to see the boys on the top floor. This must have been around ten minutes to one, as I just looked at my watch. Mrs. White states that it was 12:35 when she passed by and saw me. That's possibly true; I have no recollection about it, but perhaps

Here is the translated text as follows:LEO M. FRANK. 359"They didn't keep it shut all the time," said Albert. "And you know he didn't eat anything in that dining room?""Yes, I know he didn't eat."And this is the tale that had been told to Craven by the husband of Minola McKnight. Minola went down there and, in the presence of her counsel, stated these things to these officers. She never would have done it if it hadn't been the truth. Gordon was down there, and he could have said—and if he hadn't said it then he's unworthy of the name

Here is the translated text as follows:360 X. AMERICAN STATE TRIALS.I have enough to attend to my own business without running theirs. Now, go out there and bring in Julius Fisher, a photographer, and all these people to try to prove that the negro Albert McKnight lied. By the mere movement of that sideboard, which Mrs. Selig in her evidence says was put back in the exact same place every time they swept, you try to break down Albert McKnight's evidence. Gentlemen, Albert says that the sideboard had been moved, and you know it had been moved. Albert McKnight stood

Here is the translated text as follows:LEO M. FRANK. 361"You know you can’t see from the kitchen into the dining room, you know that, don’t you?" "Yes sir, you certainly can see;" and the very evidence of the photographs and Julius Fischer and others who came here, after that sideboard had been moved, sustains Albert McKnight, and shows that once that sideboard is adjusted, you could see, as Albert says, and he did see because he would have never told that tale unless he had been there and seen it. "You can see in there!" "Yes sir, you can see;

Here is the translated text as follows:362 X, AMERICAN STATE TRIALS."Whether it's fair or not,—that's a fair statement?" And Albert says, "I don't know whether it's fair or not, but I know I saw Leo M. Frank come in there some time between one and two o'clock on Saturday, April 26th, and I know he didn't stay but about ten minutes and left to go to town." And he tells you the way in which he left, and Frank in his statement says that, while he didn't get on that car, he went in such a direction as Albert McKnight

Here is the translated text as follows:LEO M. FRANK, 363You and I haven’t the physical strength, but there is certain language and certain statements and assertions made in this statement by this defendant which merit some consideration. This defendant stated to you, after His Honor had excluded our evidence and properly, I think, that his wife visited him at the police station. He says that she was there almost in hysterics, having been brought there by her father and two brothers-in-law and Rabbi Marx—no, Rabbi Marx was with me, I consulted with him as to the advisability of allowing my

Here is the translated text as follows:364. AMERICAN STATE TRIALS.Her husband would never have gone to him through snapshotters, reporters, and over the advice of any Rabbi under the sun. And you know it. Frank says in his statement, with reference to these notes written by Conley, "I said I know he can write." How long did it take him to say it, if he ever said it? "I received many notes from him asking me to loan him money. I have received too many notes from him not to know that he can write." In other words, Frank says

Here is the translated text as follows:LEO M. FRANK, 865You know why. Ah, you did know that Conley could write. You knew it, not only because he wrote the notes for you, through which you sought to place the responsibility for this crime on another man, but you knew it because he checked up the boxes of pencils, and he had written you numerous notes to get money from you, just like he borrowed money from those other people in that factory. You knew that the most powerful fact that could be brought to light showing who committed this dastardly

Here is the translated text as follows:866%. AMERICAN STATE TRIALS.There never lived within the State of Georgia a lawyer with half the ability of Mr. Luther Rosser, who, possessing a consciousness of his client's innocence, wouldn't have said, "Let this ignorant negro confront my innocent client." If there be a negro who accuses me of a crime of which I am innocent, I tell you—and you know it's true—I'm going to confront him, even before my attorney, no matter who he is, returns from Tallulah Falls. And if not then, I tell you just as soon as that attorney does

Here is the translated text as follows:LEO H. FRANK. 867**The Court:** I know; go on.**Mr. Dorsey:** They see the force of it.**Mr. Rosser:** Is that a fair comment, Your Honor, if I make a reasonable objection, to say that we see the force of it?**The Court:** I don’t think that, in reply to your objection, is a fair statement.**Mr. Dorsey:** Now, may it please Your Honor, if they don't see the force of it, you do—**Mr. Rosser:** I want to know, is Your Honor’s ruling to be absolutely disregarded like that?**The Court:** Mr. Dorsey, stay inside of the record, and

Here is the translated text as follows:368 X. AMERICAN STATE TRIALS.If you were innocent of murder, could any lawyer, Rosser or anybody else, keep you from confronting the accuser and nailing the lie? No lawyer on earth, no lawyer that ever lived in any age or any clime could prevent me, if I were innocent, from confronting a man who accused me wrongfully, be he white or black.And you, Leo Frank, went in and interviewed Newt Lee down yonder at twelve o'clock, Tuesday night, April 29th. And what did you do? Did you act like a man who wanted to

Here is the translated text as follows:LEO H. FRANK. 360Newt Lee had been there for only two or three weeks—three weeks, to be precise. Frank could have told you that the detectives emphasized the fact that couples frequented the place on holidays, Saturdays, and at night, at all times and whenever other night watchmen were present. However, with Newt Lee having been there for just three weeks, he effectively prevents the State from impeaching or contradicting his statement. Therefore, he informs you that the detectives stressed the fact that couples had been there while the night watchman, Newt Lee, was

Here is the translated text as follows:370 X. AMERICAN STATE TRIALS."Now, first, contrast that statement for a moment with this statement with reference to the condition of the floor where Barrett worked. There he says there wasn't a spot, much less a blood spot—'looked at the machinery and the lathe, looked at the table on which the lathe stands and the lathe bed and the floor underneath the lathe and there wasn't a spot, much less a blood spot underneath.' All right; you say that that wasn't blood, you say that that haskoline wouldn't turn that color. In the name

Here is the translated text as follows:LEO U. FRANK, 871Can you justify yourselves on that point, as against the evidence of all these witnesses who have told you that that was blood, and against the evidence of Doctor Claude Smith, the City Bacteriologist of the City of Atlanta, who tells you that through a chemical analysis he developed the fact that that was blood?This defense, gentlemen—they have got no defense. They have never come into close contact in this case, except on the proposition of abuse and vilification. They circle and flutter but never light; they grab at varnish and

Here is the translated text as follows:372 X. AMERICAN STATE TRIALS.Even if he had been such a fool and so unlike the other members of his race, by whom brutal murders have been committed, he should have taken time to tie a cord around her neck. A cord seldom found down there in the basement, according to your own statement, except when it's swept down in the trash, but a cord that hangs right up there on the office floor, both back there in the varnish room and up there in the front. If he had done all that—a thing

Here is the translated text as follows:LEO M. FRANK, 373According to his own statement, Lemmie Quinn had to come and ask him to go back to see the blood spots on the second floor, found by this man Barrett. Is that the conduct of a man, the head of a pencil factory, who had employed detectives and was anxious to assist the police? He saw it in the newspapers, and yet Lemmie Quinn had to go and ask him to go back? And then he tells you in this statement, which is easy to write and glibly rattled off—a statement

Here is the translated text as follows:374 X¥. AMERICAN STATE TRIALS.Mr. Dorsey: Rogers said he never did look at that body.Mr. Arnold: I insist that isn’t the evidence. Rogers said he didn't know and couldn't answer whether he saw it or not, and Black said the same thing.I’m not going to quibble with you. The truth is, and you know it, that when that man Frank went down there to look at that body of that poor girl, to identify her, he never went into that room. And if he did look at her long enough to identify her, neither

Here is the translated text as follows:LEO M. FRANK. 375Leo M. Frank's nervousness can be attributed to the circumstances surrounding the case, yet he returned, like a dog to its vomit or a sow to its wallow, to view the remains of this poor, innocent girl. I ask you, gentlemen of the jury, if you don't know that the reason Leo M. Frank went to the morgue on Sunday afternoon was to see if he could detect anything in the atmosphere indicating that the police suspected him? He admits his nervousness, and he admits being nervous in the presence of

Here is the translated text as follows:376 X¥. AMERICAN STATE TRIALS.The electricity might innocently electrocute some members of the fire department in case of a fire. I ask you, gentlemen of the jury, what was the necessity for leaving the box open when a simple turn of the lever would have shut off the electricity and enabled the key to have been hung up in the office, just exactly like old Holloway swore when he didn’t know the importance of the proposition? In the affidavit which I have and which was submitted in evidence to you, it states that the

Here is the translated text as follows:LEO M. FRANK, 377**Mr. Rosser:** He doesn’t claim that. He says the point is it was easily gotten in the office, but that’s not what he said.**The Court:** You claim that’s a deduction you are drawing?**Mr. Dorsey:** Why, sure.**The Court:** Now, you don’t claim the evidence shows that?**Mr. Dorsey:** I claim that the power box was standing open Sunday morning.**The Court:** Do you insist that the evidence shows he had it in his pocket?**Mr. Dorsey:** I say that’s my recollection, but I’m willing to waive it; but let them go to the record, and

Here is the translated text as follows:378 X. AMERICAN STATE TRIALS.In his statement, the defendant says, "though I didn't look at her and couldn't have recognized her if she was in the dirty, distorted condition," yet he claims, "but I know it was Mary Phagan."He corroborates the detectives' statements, saying that at the undertaking establishment, "we went down a long, dark passageway with Mr. Rogers following, then I came and Black brought up the rear. Gheesling was on the opposite side of the little cooling table, the table between him and me; he took the head in his hands, put

Here is the translated text as follows:LEO M. FRANK. 370When the incident occurred, the first question asked was not, "Has there been a fire?" but "Has there been a tragedy?" Starnes, the man who initially suspected Newt Lee, the negro night watchman, because he pointed his finger of suspicion at him, and who later went after Gantt because this defendant pointed the finger of suspicion at him, is a perjurer and a liar. Starnes, who has been a detective on the police force for many years, did this simply to gratify his ambition and place a noose around the neck

Here is the translated text as follows:880 X. AMERICAN STATE TRIALS.Had he been up there, he innocently called Newt to find out, he said, if Gantt had gone and Newt said to find out if everything was all right at the factory; and you know that the reason he called up was to find out if Newt, in making his rounds, had discovered the body of this dead girl."Would you convict him on this circumstance or that circumstance?" No. But I would weave them all together, and I would make a rope, no one strand of which is sufficiently strong

Here is the translated text as follows:LEO M. FRANK. 381This man Frank had stepped out of his office to answer a call of nature. He would have remembered it, and if he wouldn't have remembered it, at least he wouldn't have stated so repeatedly and unqualifiedly that he never left his office. Only on the stand here, when he faces an honest jury, charged with the murder, and circumstances stacked up against him, does he offer the flimsy excuse that these are things that people do unconsciously and without any recollection.But this man Scott, in company with Black, after they

Here is the translated text as follows:382 &X. AMERICAN STATE TRIALS,"You were in your office," and Frank said "yes." And not until he saw the wonderful capacity, the wonderful ability, the wonderful devotion of this man Scott to the truth and right did he ever shut him out from his counsel. No suggestion then that he might have had to answer a call of nature, but emphatically, without knowing the importance, he told his own detective, in the presence of John Black, that at no time, for no purpose, from a few minutes before this unfortunate girl arrived, until he

Here is the translated text as follows:LEO M. FRANK. 383A man named Mr. Kelley, who rode on the same car with Hollis, the same car that Hollis claims or Matthews claims that he rode on, knew the girl, knew Matthews, and tells you—and he's unimpeached and unimpeachable, and there's no suggestion here, even if you set the evidence of Epps and McCoy and Kendley aside—upon which an honest jury can predicate a doubt that this man Kelley of the streetcar company didn't tell the truth when he says that she wasn't on that car that this man Matthews says she

Here is the translated text as follows:334 - X. AMERICAN STATE TRIALS.Mr. Arnold: I move to exclude that as grossly improper. He says he is arguing that some physician was brought here because he was the physician of some member of the jury. It's grossly unfair and it's grossly improper and insulting, even, to the jury.Mr. Dorsey: I say it is eminently proper and absolutely a legitimate argument.Mr. Arnold: I just record my objection, and if Your Honor lets it stay in, you can do it.Mr. Dorsey: Yes, sir; that wouldn't scare me, Your Honor.The Court: Well, I want to

Here is the translated text as follows:LEO, M. FRANK. 885Do we know anything about the action of gastric juices on foods in the stomach? Can this man, with his short experience of seven years, this gentleman, splendid though he is, from Michigan, put his opinion against the eminent Secretary of the Georgia Board of Health, Doctor Roy Harris? I tell you, no.Now, let's briefly review this nervousness proposition. The man displayed nervousness when he talked to old man John Starnes. When Black went out to his house and he sent his wife down to give him nerve, although he was

Here is the translated text as follows:386 X. AMERICAN STATE TRIALS.The situation was that he dared not say, because he couldn’t then say, that he saw that man also sweeping them out. Then it was that he said, "All right, Newt, go up with him and let him get them," and lo and behold, the shoes that this man Frank would have him believe were swept out, both tan and black, were there. Gantt tells you how he acted; Newt tells you how he jumped. Rogers and Black, honest men, when they went out there after Mr. Starnes had talked

Here is the translated text as follows:LEO M. FRANK, 387The language used was "Completely unstrung," and now he changed it in your presence to "almost completely unstrung."You tell me that this man, who called for breakfast at home as Durant called for bromo seltzer in San Francisco, and who called for coffee at the factory as Durant called for bromo seltzer in San Francisco, you tell me that this man Frank, the defendant in this case, explains his nervousness by reason of the automobile ride and the view of the body—as this man Durant in San Francisco tried to explain

Here is the translated text as follows:388 XY. AMERICAN STATE TRIALS.Man Scott, one of the most material witnesses, although the detective of this defendant's company, might also throw me down. Scott says this man Frank, when he went there Monday afternoon, after he had anxiously phoned Schiff to see old man Sig Montag and get Sig Montag's permission—had phoned him three times—Scott says that he squirmed in his chair continually, crossed and uncrossed his legs, rubbed his face with his hand, sighed, twisted and drew long deep breaths. After going to the station Tuesday morning, just before his arrest—if he

Here is the translated text as follows:LEO H. FRANK. 389The death of Christ on the Cross, as it is said, when He suffered that agony, He said to the thief, "This day shalt thou be with Me in Paradise;" and unless our religion is a fraud and a farce, if it teaches anything, it is that man, though he may be a thief, may be rehabilitated, and enjoy a good character and the confidence of the people among whom he lives.And this man Dalton, according to the unimpeached testimony of these people who have known him in DeKalb and Fulton

Here is the translated text as follows:390 X. AMERICAN STATE TRIALS.To impeach this man, Dalton, you could have found it out. And I submit that the man that did it, whoever he was, the man who had the charity in his heart to dress that negro up—the negro that you would dress in a shroud and send to his grave—the man that did that, to bring him into the presence of this Court deserves not the condemnation, but the thanks of this jury.Let's see what Mr. William Smith, a man employed to defend this negro Conley, set up in response

Here is the translated text as follows:LEO M. FRANK, 391During the night, Jim Conley was offered sandwiches and whiskey and his life was threatened—things that the sheriff, who is as good as the chief of police but no better, couldn’t guard against because of the physical structure of the jail. Conley asked, and His Honor granted the request, that he be remanded back into the custody of the honorable men who manage the police department of the City of Atlanta.Mr. Rosser: No, that’s a mistake, that isn’t correct. Your Honor discharged him from custody—he said that under that petition Your

Here is the translated text as follows:392 X. AMERICAN STATE TRIALS.If Frank had been a member of the police force of the City of Atlanta, he would have been a liberated man when he stepped into this Court to swear, or he would have been spirited out of the State of Georgia so his damaging evidence couldn't have been adduced against this man.But yet you say Conley is impeached? You went thoroughly into this man Conley's previous life. You found out every person for whom he had worked, and yet this lousy, disreputable negro is unimpeached by any man except

Here is the translated text as follows:LEO M. FRANK, 393When these girls were reclining and lounging after finishing their piece work, and the sardonic grin that lit his countenance is described, it sustains Jim Conley. Miss Kitchens, the lady from the fourth floor, whom Mr. Arnold repeatedly asserted you didn't produce, and her account of this man's conduct when he came in on these girls, whom he should have protected, and when he should have been the last man to go into that room, sustains Jim Conley. Miss Jackson's assertion that she heard of three or four other instances and

Here is the translated text as follows:394 X. AMERICAN STATE TRIALS.Jim Conley's testimony is supported by multiple pieces of evidence. Daisy Hopkins' notorious reputation and Jim's statement that he had seen her enter the factory with Dalton and descend the scuttle hole to the location where the cot was found, corroborate Jim Conley's account. The blood on the second floor, testified to by numerous witnesses, further supports Jim Conley's narrative. The appearance of the blood and the physical condition of the floor when it was discovered on Monday morning also sustain Jim Conley's testimony.Additionally, the testimony of Holloway, given in

Here is the translated text as follows:LEO M. FRANK, 395**Mr. Rosser:** He says time and time again, "I disremember whether I did or not"; he says "I did it," page after page, sometimes three times on a page. I've got the record, too. Of course, if the Almighty God was to say it, you would deny it.**Mr. Dorsey:** Who reported it?**Mr. Rosser:** Pages 496, (Mr. Rosser here read a list of page numbers containing the statement referred to.)**Mr. Arnold:** I want to read the first one before he caught himself, on page 946. I want to read the statement—**Mr. Dorsey:**

Here is the translated text as follows:896 X. AMERICAN STATE TRIALS.It is worth noting that there are other instances you might pick showing that he used the word "I done," and they know it. All right, leave the language, take the context.These notes say, as I suggested the other day, that she was assaulted as she went to make water. The only closet known to Mary, and the only one that she would ever have used, is the closet on the office floor, where Conley says he found the body. Her body was found right on the route that Frank

Here is the translated text as follows:LEO M. FRANK, 397Despite the fact that you say you kept a book for express and kerosene and every other conceivable purpose for which money was appropriated, you fail and refuse, because you can't, to produce the signature of White, or the entry in any book made by Frank showing that this man White ever got that money, except the entry made by this man Schiff some time during the week thereafter.I tell you, gentlemen of the jury, that the reason Frank didn't enter up, or didn't take the receipt from White about the

Here is the translated text as follows:398 X. AMERICAN STATE TRIALS.Gentlemen, every word of that defendant proclaims him responsible for the death of this little factory girl. Gentlemen, every circumstance in this case proves him guilty of this crime. Extraordinary! Yes, but nevertheless true, just as true as Mary Phagan is dead. She died a noble death, not a blot on her name. She died because she wouldn’t yield her virtue to the demands of her superintendent. I have no purpose and have never had from the beginning in this case that you oughtn’t to have, as an honest, upright

Here is the translated text as follows:LEO M. FRANK, 399On South Pryor Street, a large crowd cheered the solicitor, crying, "Hurrah for Dorsey."First, on Saturday, August 23, 1913, when the jury was only 100 feet away from the courthouse, in the German cafe, a crowd in front of the courthouse loudly cheered the solicitor as he came out. Afterward, a portion of the crowd moved up in front of the cafe and repeated their cheers.Second, on the last day of the trial, namely Monday, a large crowd of women had assembled in the courtroom and taken their seats before court

Here is the translated text as follows:400X. AMERICAN STATE TRIALSAfter they went inside the cafe, I did not hear any more cheers or applause.Cross-examined: The crowd was in front of the courthouse; I could not hear the words they said, but only the noises and the thunderclaps. No one came inside the cafe after the jury entered; I heard nothing on the outside after they went in. I do not know whether Solicitor Dorsey was in the courthouse or outside of the courthouse when the cheering commenced.Mr. Arnold: As Mr. Dorsey left the courtroom Friday afternoon, I heard loud cheering

Here is the translated text as follows:LEO M. FRANK, 401On the 27th day of April of this year, with force and arms, Leo M. Frank did unlawfully and with malice aforethought kill and murder one Mary Phagan by then and there choking her, the said Mary Phagan, with a cord placed around her neck.To this charge made by the bill of indictment found by the Grand Jury of this county recently empaneled, Leo M. Frank, the defendant, files a plea of not guilty. The charge as made by the bill of indictment on the one hand and his plea of

Here is the translated text as follows:402 X. AMERICAN STATE TRIALS.Express malice is that deliberate intention unlawfully to take away the life of a fellow-creature, which is manifested by external circumstances capable of proof.Malice shall be implied where no considerable provocation appears, and where all of the circumstances of the killing show an abandoned and malignant heart.There is no difference between express and implied malice except in the mode of arriving at the fact of its existence. The legal sense of the term "malice" is not confined to particular animosity to the deceased, but extends to an evil design in

Here is the translated text as follows:LEO M. FRANK, 408Gentlemen, the object of all legal investigation is the discovery of truth. That is the reason you have been selected, empaneled, and sworn in this case—to discover what is the truth on this issue formed on this bill of indictment. Is Leo M. Frank guilty? Are you satisfied of that beyond a reasonable doubt from the evidence in this case? Or is his plea of not guilty the truth?The rules of evidence are framed with a view to this prominent end—seeking always for pure sources and the highest evidence. Direct evidence

Here is the translated text as follows:404 X. AMERICAN STATE TRIALS.The jury may consider the good character of the defendant, whether the rest of the testimony leaves the question of his guilt doubtful or not. If a consideration of the proof of his good character, considered along with the evidence, creates a reasonable doubt in the minds of the jury as to the defendant's guilt, then it would be the duty of the jury to give the defendant the benefit of the doubt thus raised by his good character, and to acquit him.The term "character" as used in this context,

Here is the translated text as follows:LEO M. FRANK, 405When a man's character is put in evidence, and in the course of the investigation any specific act of misconduct is shown, this does not go before the jury for the purpose of showing affirmatively that his character is bad or that he is guilty of the offense with which he stands charged. Instead, it is to be considered by the jury only in determining the credibility and the degree of information possessed by those witnesses who have testified to his good character.When the defendant has put his character in issue,

Here is the translated text as follows:406 XY. AMERICAN STATE TRIALS.If you believe from the evidence as a whole that the defendant is guilty beyond a reasonable doubt, you would be authorized to convict him.If you believe beyond a reasonable doubt from the evidence in this case that this defendant is guilty of murder, then you would be authorized in that event to say, "We, the jury, find the defendant guilty." Should you go no further, gentlemen, and say nothing else in your verdict, the Court would have to sentence the defendant to the extreme penalty for murder, to wit:

Here is the translated text as follows:LEO M. FRANK, 407THE VERDICT AND SENTENCEAt 4:55, the jury returned to the court with a verdict of guilty. The courtroom had been cleared of spectators; the prisoner himself, as well as his counsel, were absent (see post, p. 410). Only the judge, the officers of the court, the state counsel, and some other members of the bar were present. When the verdict was rendered, the windows of the courtroom were closed due to the noise made by the crowd in the streets.While the jury was out for nearly four hours, and each and

Here is the translated text as follows:408 X. AMERICAN STATE TRIALS.**Judge Roan:** Mr. Sheriff, I will pass sentence tomorrow. Have the prisoner here. I will notify you in time of the hour. Gentlemen of the jury, I thank you for your patient service in this case. This has been the longest trial I have ever participated in, and I dare say the longest you ever have or ever will. Thanking you again for your long and faithful service and arduous labors, the Court will now dismiss you. The state will furnish your script for twenty-nine days.August 26.**Judge Roan:** Mr. Frank,

Here is the translated text as follows:LEO M. FRANK, 409The trial will be filed in due order, and it will be duly heard. It is now my duty to pronounce the formal sentence of the law upon you, which I will read in open court. Indictment for murder, Fulton Superior Court, May term, 1913. Verdict of guilty, July term, 1913. Whereupon, it is considered, ordered, and adjudged by the court that the defendant, Leo M. Frank, be taken from the bar of this court to the common jail of the county of Fulton, and that he be there safely kept

Here is the translated text as follows:410 X. AMERICAN STATE TRIALS.THE SUBSEQUENT HISTORY OF THE CASE—THE APPEALS TO THE COURTS—THE COMMUTATION BY THE GOVERNOR—THE LYNCHING OF THE PRISONER.On October 31, 1913, Judge Roan denied the motion for a new trial. On February 17, 1914, the Supreme Court of Georgia affirmed the verdict of the lower court by a vote of four to two, and on February 25, unanimously overruled a motion for rehearing. On March 7, Frank was sentenced for a second time, with April 17 set as the date for the execution. On April 16, an extraordinary motion for

Here is the translated text as follows:LEO M. FRANK, 41On October 18, a writ of error was refused. On November 23, Mr. Justice Lamar of the Supreme Court of the United States refused a writ of error. On November 25, Mr. Justice Holmes of the United States Supreme Court also refused a writ. On December 7, the full bench of the United States Supreme Court refused a writ of error. On December 9, Frank was re-sentenced.Frank stated that he was not present when the verdict was rendered and the jury discharged. He did not know of any waiver of his

Here is the translated text as follows:412 X. AMERICAN STATE TRIALS.Leo Frank was sentenced to hang on January 22, 1915. On December 21, United States District Judge W. T. Newman of Georgia refused a writ of habeas corpus. On December 28, 1914, Mr. Justice Lamar granted an appeal and certificate of reasonable doubt to the United States Supreme Court. On April 19, 1915, the Supreme Court of the United States, with Mr. Justices Holmes and Hughes dissenting, dismissed the appeal. On May 31, Frank's plea for commutation of sentence to life imprisonment was heard before the State Prison Commission. On

Here is the translated text as follows:LEO M. FRANK, 1915At daybreak on August 17th, two miles northeast of Marietta, in Cobb County, Georgia, Leo M. Frank was lynched by a mob. Mary Phagan's body was buried in the cemetery of this town. A number of men in automobiles arrived at the State Prison farm where Frank was serving his commuted life sentence, after dark on the evening of August 16th. These men cut the telephone wires, overpowered the guards, entered the hall where Frank was sleeping, carried him into one of the automobiles, and made the journey during the night

Here is the translated text as follows:414 X. AMERICAN STATE TRIALS.The body was cut down and carried to Atlanta, and from there sent to Brooklyn where his parents lived."Whoever did this thing—" The man beside the body broke in with a shout: "God bless him, whoever he was." Judge Morris laid his hand on the man's shoulder and asked him to be quiet for a few minutes. "Whoever did this thing did a thorough job." "They sure did," chorused the crowd. "Whoever did this thing," said Judge Morris, "left nothing more for us to do. Little Mary Phagan is vindicated.

Here is the translated text as follows:THE TRIAL OF WILLIAM WEMMS AND SEVEN OTHER BRITISH SOLDIERS FOR THE MURDER OF CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, AND PATRICK CARR, BOSTON, MASSACHUSETTS, 1770.THE NARRATIVEOn the evening of March 5th, 1770, a party of British soldiers fired upon a crowd of citizens of Boston, causing the death of five of them. This incident is known in American history as the "Boston Massacre," and it grew out of the strong feeling among the Colonists against having soldiers quartered upon them.There had been much friction between soldiers and civilians in Boston. A

Here is the translated text as follows:416 X. AMERICAN STATE TRIALS.A man in a red cloak and white wig rushed to King Street, now State Street, after hearing the alarm. Meanwhile, the sentry before the custom house in that street was attacked while on duty. He loaded his gun and retreated up the steps, but the people pressed upon him with bitter imprecations. He called on the main guard, within hearing, for protection. Captain Preston, the officer of the day, sent a corporal and six men to protect the sentinel and followed them himself. The mob had now received a

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt was revealed that the soldiers had been involved in a confrontation with the people at the Rope Walk a few days before. It was also shown that Killroy's bayonet was bloody the next morning after the affray. A witness swore that Montgomery was the first one that fired, that when his gun was knocked out of his hand, he recovered it and fired again, and that he was the one who killed Attucks.A large number of witnesses testified to the origin of the affair and attributed the blame to

Here is the translated text as follows:418 Z. AMERICAN STATE TRIALSThe soldiers received the same treatment, but there was no direct evidence that they were ordered to fire by their commanders, although they were frequently dared to do so by their assailants. They were called cowards, dastards, lobsters (in reference to the color of their coats), bloody backs (in allusion to the custom of flogging in the army), and every conceivable insult was thrown at them by the excited crowd that surrounded them.The most effective speeches to the jury were made by Mr. Adams and Mr. Quincy, and the verdict

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWilliam Wemms and Hugh Montgomery, British soldiers of the 29th Regiment of Foot, were placed at the bar today charged with the murder of five citizens of Boston, namely: Crispus Attucks, Samuel Gray, Samuel Maverick, James Caldwell, and Patrick Carr. They pleaded not guilty.The trial was documented in a publication titled "A Short Narrative of the Horrid Massacre in Boston, Perpetrated in the Evening of the Fifth Day of March, 1770, by Soldiers of the 29th Regiment, Which with the 14th Regiment Were Then Quartered There: With Some Observations on

Here is the translated text as follows:420 X. AMERICAN STATE TRIALS.The following jurors were selected: Joseph Mayo, foreman, and Nathaniel Davis, of Roxbury; Abraham Wheeler and Edward Peirce, of Dorchester; Josiah Thayer, of Braintree; Benjamin Fisher, of Dedham; Samuel Davenport and Joseph Haughton, of Milton.It is alleged that William Warren, feloniously, wilfully, and of his malice aforethought, did shoot off and discharge at and against the said Crispus Attucks, and that the said William Warren, with the leaden bullets as aforesaid, out of the said hand gun, then and there by force of the said gunpowder so shot off and

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe jury consisted of the following individuals: Joseph Mayo, of Roxbury; Abraham Wheeler, of Concord; Isaac Pierce, of Woburn; William Veazie, of Braintree; Edward Savel, of Woburn; Jonathan Williams, of Brookline; Samuel Davenport, of Milton; Consider Atherton, of Stoughton; Jacob Cushing, Jr., Josiah Lane, and Jonathan Burr, of Hingham.The Clerk addressed the court: "You, the prisoners at the bar, these good men who were last called and now appear, are those who are to pass between our sovereign Lord the King and you, upon the trial of your several lives.

Here is the translated text as follows:422 X. AMERICAN STATE TRIALS.Mr. Samuel Quincy. May it please your Honors and you gentlemen of the jury: The prisoners at the bar are that party of soldiers belonging to His Majesty’s 29th regiment, who in the evening of the 5th of March last, were induced from some cause or other to fire on the inhabitants of this town in King Street. They are charged in five distinct indictments with the willful, premeditated murder of five different persons mentioned in the respective bills. To each of these indictments, they have severally pleaded not guilty,

Here is the translated text as follows:WILLIAM WEUMS AND SEVEN OTHERS. 493It is yours, gentlemen of the jury, to determine whether they are guilty or not.The cause is solemn and important; no less than whether eight of your fellow subjects shall live or die! A cause grounded on the most melancholy event that has yet taken place on the continent of America, and perhaps of the greatest expectation of any that has yet come before a tribunal of civil justice, in this part of the British dominions.I am aware how difficult, in cases of this sort, it ever is, and

Here is the translated text as follows:424X. AMERICAN STATE TRIALS.THE WITNESSES FOR THE PROSECUTION**Jonathan W. Austin** was on King Street that evening. As the soldiers wheeled around, McCauley pushed at me with his bayonet and said, "Damn you, stand off." Then I heard several shots; I saw McCauley after the fire, reloading.**Ebenezer Bridgham** was also in King Street. The next morning at the gaol, I thought I had seen Warren in King Street the evening before, but afterwards I saw a person that looked very like him belonging to the same regiment, which caused me to doubt. I also saw

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSJames BrewerI saw Killroy on the custom house steps. Killroy pushed me with his bayonet. I heard several guns fired.James BaileyI saw Montgomery, Carroll, and White there. I saw Montgomery fire first. I think Montgomery killed Attucks. Attucks was about fifteen feet from him over the gutter. I did not apprehend myself or the soldiers in danger from clubs, sticks, snowballs, or anything else. I saw a person strike Montgomery at the corner of Royal Exchange Lane. Attucks was not the person.Richard PalmesHearing a disturbance in King Street, I was

Here is the translated text as follows:426XE. AMERICAN STATE TRIALS.Different men pierced me in the arm and elbow quite to the bone.**Samuel Hemmingway.** Being in company with Killroy, I heard him say he never would miss an opportunity to fire on the people of the town, for he had wanted it ever since he landed. Killroy was not then in liquor nor appeared to be in anger. I told him he was a fool for saying so; he said, "I do not care; I will not miss an opportunity for all that."**Nicholas Ferveter.** I knew Killroy and Warren; they were

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAfter the shots were fired, the crowd began to scatter. Once the firing ceased, a little boy came and told us that some people were killed; I saw them lying in the street. I did not imagine anyone was killed but supposed that they had been scared and run away, leaving their great coats behind them. I saw nothing like an attack that could produce such consequences. I went to look at the mulatto man and heard a noise like the cocking of firelocks, but an officer passed before them

Here is the translated text as follows:428X. AMERICAN STATE TRIALS."It was nine o'clock, and I did not think anything else until somebody cried fire." "Did you strike before the firing?" "Yes." "Did you strike as hard as you could?" "Yes, and hit the lock of his gun, and if I had struck a little lower, I should have left a mark that I could have sworn to." "Was the sword in your hand drawn?" "I drew it when the soldier pushed at me, and struck at him as I have mentioned." "How many soldiers were there?" "I did not count

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSI was waiting at the door for a minute or two; people were coming down in twos and threes at a time. At length, the noise subsided, and it seemed to be calming down by their hands, but I apprehended no danger from them. I stood on the step of the door; they appeared to be pushing right down towards us, and I began to apprehend danger. They said something, I do not know what it was, but I went inside as fast as I could and shut the door

Here is the translated text as follows:430AMERICAN STATE TRIALSI was in my house when I heard the cry of fire, and people began to gather, as they do at the sound of fire. I thought it was a fire, so I came to the door and saw them gathering thickly from all quarters—forty, fifty, or sixty people. When the party came down, I thought it was no more than what I had seen every day; I thought they had come to relieve the sentry. They seemed to be in a posture of defense and came through the people. I saw

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe bell rang, as we all thought, for a mission for peace; they fired, he ran out in order to go, with no regard to me or my orders. I went to it, but encountered an old man who was coming by, before my face, and some of them struck at me, but did not hit me; I do not know that any of the soldiers were among them.John Hill, Esq., saw a party of soldiers near the Rope Walks with clubs; he ordered them to disperse. He commanded the

Here is the translated text as follows:432 X. AMERICAN STATE TRIALS,The motives of the accused persons may not be precisely ascertained, except in the case of Killroy, against whom I think you have certain evidence.It is a rule of law, gentlemen, that when the fact of killing is once proved, every circumstance alleviating, excusing, or justifying, in order to extenuate the crime, must be proved by the prisoners, for the law presumes the fact malicious until the contrary appears in evidence.There is another rule I shall mention also, and that is, that it is immaterial where there are a number

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe defendants are charged with the murder of several of the king's liege subjects, as set forth in the indictments that have been read to you. According to these indictments, the persons slain were "being in the peace of God, and our lord the king" at the time they received their mortal wounds.The prisoners have each pleaded not guilty and have put themselves on trial before God and their country, which you represent. By their pleas, they will stand or fall according to the evidence that applies to each of

Here is the translated text as follows:484 X. AMERICAN STATE TRIALSThirdly, is there anything appearing in evidence that will justify, excuse, or extenuate such homicide by reducing it to that species of offense called manslaughter?Before we enter upon these inquiries, permit me, gentlemen, to remind you of the importance of this trial as it relates to the prisoners. It is for their lives! If we consider the number of persons now on trial, joined with many other circumstances which might be mentioned, it is by far the most important trial this country has ever seen. Remember the ties you are

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWhat is at first irksome soon becomes pleasing. But does experience teach that misery begets in general a hatred of life? By no means. We all recoil at death; we long for one short space more; we grasp with anxious solicitude even after a wretched existence. God and nature have implanted this love of life. Expel, therefore, from your breasts an opinion so unwarranted by any law, human or divine. Let not anything so injurious to the prisoners, who value life as much as you do, and let not anything

Here is the translated text as follows:436 X, AMERICAN STATE TRIALS.About five or six years ago, it is well known, certain measures were adopted by the British parliament, which gave a general alarm to this continent. Measures were alternately taken in Great Britain that awakened jealousy, resentment, fortitude, and vigilance. Affairs continued long fluctuating. A sentiment universally prevailed that our dearest rights were invaded. It is not our business here to inquire touching these delicate points. These are concernments, which, however interesting or important in themselves, we must keep far away from us when in a court of law. It

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS, 437Today, gentlemen, I appeal to you for the truth of what I say: many on this continent viewed their chains as already forged. They saw fetters as prepared; they beheld the soldiers as fastening and riveting, for ages, the shackles of their bondage. With the justness of these apprehensions, you and I have nothing to do in this place. Disquisitions of this sort are for the senate and the chamber of council; they are for statesmen and politicians, who take a latitude in thoughts and action. But we, gentlemen,

Here is the translated text as follows:438 X, AMERICAN STATE TRIALS.His heart glowed with an ardor, which he took for a love of liberty and his country, and he had formed no design fatal to its privileges. He recollected, no doubt, that he had heretofore exposed himself for its service. He had bared his bosom in defense of his native soil and still felt the smart of wounds received in conflict for his king and country. Could that spirit, which had braved the shafts of foreign battle, brook the keener wounds of civil contest? The arrows which now pierced him

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe must stop. If we pursue this inquiry at this time and in this place, we shall be in danger of doing great injustice. We shall get beyond our limits. The right of quartering troops in this province must be discussed at a different tribunal. The constitutional legality, the propriety, the expediency of their appointment are questions of state, not to be determined or even agitated by us in this court. It is enough for us if the law takes notice of them when thus stationed, if it warrants their

Here is the translated text as follows:440 X. AMERICAN STATE TRIALS.Was it his duty to espouse the cause of those assembled in King Street? I think not; but lest my opinion should not have any weight, let me remind you of an author, who, I could wish, were in the hands of all of you; one whom I trust you will credit, I am sure you ought to love and revere him. I wish his sentiments were engraven in indelible characters on your hearts. You will not suspect him of being unfriendly to liberty; if this cause and its events

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSHow can we regard with contempt a body of men stationed, most certainly, by the consent of her supreme legislature, the Parliament of Britain? What could be more disrespectful to our common sovereign than to assume the sword of justice and become the avengers of either public or private wrongs? Though the soldiers who appeared in the earlier part of the evening in Cornhill acted like barbarians and savages, they had now retired and were confined in their barracks. What though an impertinent boy had received unjustifiable correction from the

Here is the translated text as follows:442, & AMERICAN STATE TRIALS.Justice. We ought to recollect that our present decisions will be scanned, perhaps throughout all Europe. We must not forget that we ourselves will have a reflective hour—an hour in which we shall view things through a different medium—when the pulse will no longer beat with the tumults of the day—when the conscious pang of having betrayed truth, justice, and integrity shall bite like a serpent and sting like an adder.Consider, gentlemen, the danger which you, and all of us, are in of being led away by our affections and

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 443In the fervor of our zeal, reason is in hazard of being lost; for, as was elegantly expressed by a learned gentleman at the late trial, "the passions of man, nay, his very imaginations, are contagious." The pomp of funeral and the horrors of death have been so delineated as to give a spring to our ideas and inspire a glow incompatible with sound deliberative judgment. In this situation, every passion has been alternately predominant. They have each in its turn subsided in degree, and then have sometimes given

Here is the translated text as follows:444 VOL. AMERICAN STATE TRIALS.In this respect, what success will follow those endeavors depends on you, gentlemen. If being told of your danger will not produce caution, nothing will. If you are determined in your opinion, it is vain to say more; but if you are zealous inquirers after truth, if you are willing to hear with impartiality, to examine and judge for yourselves, enough has been said to apprise you of these avenues at which the enemies of truth and justice are most likely to enter and most easily to beset you.Gentlemen of

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe have no more concern than either of you, gentlemen. I say, passing over all these matters as foreign to this trial, let us state the evidence appearing even from the crown witnesses.Mr. Quincy then took up the evidence against the prisoners, pointing out the circumstances which favored them. He then stated the points he expected to exhibit on the part of the prisoners, to show that all which they did was necessary and proper in self-defense.THE WITNESSES FOR THE PRISONERS**James Crawford:** On the night of March 5th, while going

Here is the translated text as follows:448X. AMERICAN STATE TRIALS.A group of people armed with white sticks made several attacks on the barracks but were always driven back. Each time a fresh party arrived from the north part of the town, they launched a new attack. There were about five or six different attacks in total. I saw a large man wearing a red cloak and a white wig; the crowd gathered around him, and he spoke for two or three minutes. They then gave several different cheers for the Main Guard and declared they would "do for the soldiers."Archibald

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening of March 5th, I observed a group of people with sticks and clubs. They mentioned there was no fire, but rather a disturbance involving soldiers and inhabitants. I returned to the room occasionally, but feeling uneasy, I went back to the door and saw several groups of people pass by. One group, consisting of eight or ten individuals, carried white sticks or clubs in their hands.Captain John Goldfinch recounted that on the evening of March 8th, around nine o'clock, he was passing over Cornhill when he saw

Here is the translated text as follows:448X. AMERICAN STATE TRIALS.I saw them throwing oyster shells and snowballs at the sentry at the Custom House door; he was on the steps. Some were shouting, "Let us burn the sentry box, let us heave it overboard," but they did not.**John Ruddock, Esq.** As I went home, I met a number of boys with clubs; they had been doing so for several months before. They chose to do so because they had been so often knocked down by the soldiers. Some said the soldiers were going to fight with the people.**Newton Prince.** When

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 449There came a little man who said, "Why do you not keep your soldiers in their barracks?" They said they had done everything they possibly could, and would do everything in their power to keep them in their barracks. On which he said, "Are the inhabitants to be knocked down in the streets, are they to be murdered in this manner?" The officers still insisted they had done their utmost, and would do it, to keep the soldiers in their barracks. The same person then said, "You know the

Here is the translated text as follows:450X, AMERICAN STATE TRIALS.I heard the expression, "let us go to the main guard"; Captain Goldfinch was still on the steps. I heard his voice still talking, and I think he desired every person to go away. While he was talking, I heard the report of a musket, then the report of a second gun, and presently a third. Upon the firing of the first gun, I heard Captain Goldfinch say, "I thought it would come to this, it is time for me to go." I then saw a soldier come down the alley

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening of March 5th, around nine o'clock, I heard the bells ringing and ran out to see where the fire was. I went down to the South Meeting House and saw men and boys armed with clubs coming along. Some were cursing the soldiers, saying they would destroy them and sink them.William Davis, a sergeant major of the 14th regiment, recounted his experience on Monday evening, March 8th, around eight o'clock. He was heading towards the North End in Fore Street, near Wentworth’s Wharf, when he saw about

Here is the translated text as follows:452X. AMERICAN STATE TRIALS.I saw them, and they would have revenge for something or other, I could not tell what; that they would drive them before them. Some said they had been to Rowe’s barracks and had driven the soldiers or the sentinel into the barracks. I saw a number of people with clubs, and at a distance, a group of soldiers at the Custom House. I went down to the right of them, where Captain Preston stood. I had not been there a minute before the guns were fired. I saw several things

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAndrew: I am Oliver Wendell's negro. On the evening of the fifth of March, I was at home when I heard the bells ring. I went to the gate and saw one of my acquaintances. I asked him what was the matter, and he said the soldiers were fighting, had got cutlasses, and were killing everybody. He told me that one of them had struck him on the arm and almost cut it off. He advised me not to go down, but I said a good club was better than

Here is the translated text as follows:454X. AMERICAN STATE TRIALS.A man was shouting and crying, "Damn them, they dare not fire, we are not afraid of them." One of these people, a stout man with a long, cord-wood stick, threw himself in and made a blow at the officer. I saw the officer try to ward off the stroke. The stout man turned around and struck the grenadier's gun at the captain's right hand, and immediately fell in with his club, knocked his gun away, and struck him over the head. The blow came either on the soldier's cheek or

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSOn the evening in question, upon returning home, I saw a number of people gathered around the sentinel, using opprobrious language and making threats. I urged them to disperse, warning them that the consequences would be fatal if they did not. A few snowballs were thrown, and the abusive language continued. They said, "Damn him, let him fire, he can fire but one gun." There might have been seventy to a hundred people there. When I could not persuade them to leave, I went to Mr. Payne's. Shortly after, the

Here is the translated text as follows:X. AMERICAN STATE TRIALS456I said there was no fire, but I understood the soldiers were coming up to cut down Liberty Tree. I then went out to make an inquiry. Before I got into the street, I met Mr. Walker, the ship carpenter, and asked him what the matter was. He said he had been out and there was nobody in the street at all; the sentry at the custom-house was walking as usual, with nobody near him. I went up towards the town house, where there was a number of people, and inquired

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt appeared to me there were seven in all. When the last gun was discharged, I realized I was myself wounded and went into the house.December 1Joseph HinckleyOn the evening of the 6th, I heard the bells ring and went out to see where the fire was. I heard the drum beat and went down to the Conduit. I saw thirty or forty people with sticks in their hands. They hallooed, "King Street forever," and huzzaed. The sentinel was walking backwards and forwards with his firelock on his shoulder. Some

Here is the translated text as follows:458X. AMERICAN STATE TRIALS.The boys were in the front, and the men in the rear. Several people were running about the streets, and the cry was "damn the rascals." Some said, "This will never do; the readiest way to get rid of these people is to attack the main guard. Strike at the root; there is the nest."Mrs. Catherine Field testified that Patrick Carr, who was killed by the firing in King Street on the 5th, was in her house that evening. When the bells rang, he went upstairs and put his surtout on,

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSTHE SPEECHES FOR THE PRISONERSDecember 3Mr. Josiah Quincy, Jr.: May it please your Honor, and you, Gentlemen of the Jury: We have at length gone through the evidence in behalf of the prisoners. The witnesses have placed before you that state of facts from which results our defense. The examination has been so lengthy that I am afraid some painful sensations arise when you find that you are now to sit and hear the remarks of counsel. But you should reflect that no more indulgence is shown to the prisoners

Here is the translated text as follows:460 X. AMERICAN STATE TRIALS.There is now no reason to alter our sentiments. Will any sober, prudent man countenance the proceedings of the people in King Street? Can anyone justify their conduct? Is there any one man, or any body of men, who are interested in espousing and supporting their conduct? Surely not. But our inquiry must be confined to the legality of their conduct; and here there can be no difficulty. It was certainly illegal, unless many witnesses are directly perjured; witnesses who have no apparent interest to falsify—witnesses who have given their

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 461The cry was not, "Here is the soldier who has injured us—here is the fellow who wounded the man in Cornhill." No, the reasoning, or rather ferment, seems to be, "The soldiers have committed an outrage, and we have an equal right to inflict punishment, or rather revenge, which they had to make an assault." They said right, but never considered that those soldiers had no right at all. These are sentiments natural enough to persons in this state of mind—we can easily suppose even good men thinking and

Here is the translated text as follows:462 X. AMERICAN STATE TRIALSThe law does not proceed upon the absurd supposition that a person can, in these circumstances, harm himself. Hence, we find that if a husband, catching his wife in the act of adultery, instantly seizes a deadly weapon and slays the adulterer, it is not considered murder. Indeed, even a fillip upon the nose or forehead, given in anger, is deemed by the law sufficient provocation to reduce a killing to manslaughter. It is, therefore, upon principles like these—principles upon which those who now bear the hardest against us at

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 463Gentlemen of the Jury, after having thus gone through the evidence and considered it as applicatory to all and every one of the prisoners, the next matter in order seems to be the consideration of the law pertinent upon this evidence.Mr. Quincy now entered, at large, upon a review of the appearances in several parts of the town; he was copious upon the expressions and behavior sworn to. He then, more particularly, recapitulated the evidence touching Murray's barracks, Dock Square, and the Market place. He next pursued several parties

Here is the translated text as follows:464 X. AMERICAN STATE TRIALS.And here, gentlemen, let me again inform you that the law which is to pass upon these prisoners is a law adapting itself to the human species, with all their feelings, passions, and infirmities. It is a law which does not go upon the absurd supposition that men are stocks and stones, or that in the fervor of the blood, a man can act with the deliberation and judgment of a philosopher. No, gentlemen; the law supposes that a principle of resentment, for wise and obvious reasons, is deeply implanted

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSTo be stigmatized with having smarted under the lash at the halbert; to be twitted with so infamous an ignominy, which was either wholly undeserved, or a grievance which should never have been repeated; I say, to call upon and awaken sensations of this kind, must sting even to madness. But couple these words with the succeeding actions—"You dastard—you coward!" A soldier and a coward! This was touching, with a witness, "the point of honor, and the pride of virtue." But while these are as yet fomenting the passions, and

Here is the translated text as follows:466 X. AMERICAN STATE TRIALS.Was anything done on the part of the assailants similar to the conduct, warnings, and declarations of the prisoners? Answer for yourselves, gentlemen. The words, reiterated all around, stabbed to the heart; the actions of the assailants tended to a worse end, to awaken every passion of which the human breast is susceptible. Fear, anger, pride, resentment, and revenge alternately take possession of the whole man. To expect, under these circumstances, that such words would assuage the tempest, that such actions would allay the flames—you might as rationally expect the

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThere is a rule which, if taken in its strict literal sense, would imply that a man killing another in self-defense would incur the pains of death. This is a doctrine which no man in his senses would ever embrace; a doctrine that certainly never prevailed under the Mosaical institution. For we find the Jews had their six cities of refuge to which the manslayer might flee from the avenger of blood. And something analogous to this (if it did not originate from it) is our benefit of clergy.The phrase,

Here is the translated text as follows:488 X. AMERICAN STATE TRIALS.In an assembly, each member is accountable only for their own actions, and not for the actions of others. However, if an assembly is deemed unlawful, the actions of any member, related to the purpose of the assembly, are attributable to all members. This is a legal principle that no lawyer would dispute. It is a law rooted in the need to maintain societal peace, and though often overlooked by the general public, it should be consistently considered.Was the assembly of the soldiers lawful? For what purpose did the soldiers

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 469I have gone through those authorities in law which I thought pertinent to this trial. I have been thus lengthy, not for the information of the Court, but to satisfy you, gentlemen, and all who may chance to hear me, of that law which is well known to those of us who are conversant in courts, but not so generally known or attended to by many, as it ought to be. A law which extends to each of us, as well as to any of the prisoners; for it

Here is the translated text as follows:470 X. AMERICAN STATE TRIALS,We do not wish to extend matters so far. We cite this author to show the world that the greatest friends to their country, to universal liberty, and the immutable rights of all men have held tenets and advanced maxims favorable to the prisoners at the bar. And although we should not adopt the sentiments of Mr. Locke in their most extensive latitude, yet there seems to be something very analogous to this opinion, which is countenanced in our laws.There is a spirit which pervades the whole system of English

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSI hope you will approach your role as judge with a becoming temper of mind, remembering that those who are under oath to declare the whole truth think and act very differently from bystanders. Bystanders, being under no such obligations, take a latitude which is by no means admissible in a court of law.I cannot better close this cause than by desiring you to consider well the genius and spirit of the law which will be laid down, and to govern yourselves by this great standard of truth. To some

Here is the translated text as follows:472 X. AMERICAN STATE TRIALS.We must recollect with what temper the law requires we should proceed to this trial. The form of proceeding at their arraignment has discovered that the spirit of the law upon such occasions is conformable to humanity, to common sense and feeling; that it is all benignity and candor. And the trial commences with the prayer of the court, expressed by the clerk, to the supreme judge of judges, empires, and worlds: "God send you a good deliverance."We find, in the rules laid down by the greatest English judges, who

Here is the translated text as follows:WILLIAM WEMUS AND SEVEN OTHERS. 473Quod dubitas ne feceris; where you are doubtful, never act; that is, if you doubt the prisoner's guilt, never declare him guilty. This is always the rule, especially in cases of life. Another rule from the same author is that in some cases, presumptive evidence goes so far as to prove a person guilty, though there is no express proof of the fact having been committed by him. However, it must be very warily pressed, for it is better that five guilty persons should escape unpunished than that one

Here is the translated text as follows:474%. AMERICAN STATE TRIALS.I shall now consider the several divisions of law under which the evidence will arrange itself.The act now before you is homicide, that is, the killing of one man by another. The law calls it homicide, but it is not criminal in all cases for one man to slay another. Had the prisoners been on the plains of Abraham and slain a hundred Frenchmen apiece, the English law would have considered it as a commendable action, virtuous and praiseworthy. So, every instance of killing a man is not a crime in

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWe have an inherent affection for ourselves, implanted by nature, and we can annihilate ourselves as easily as we can root out this affection. It is the first and strongest principle in our nature; Blackstone calls it "the primary canon in the law of nature." The precept of our holy religion, which commands us to love our neighbor as ourselves, does not command us to love our neighbor better than ourselves, or even as well. No Christian divine has given this interpretation. The precept enjoins that our benevolence to our

Here is the translated text as follows:476 X. AMERICAN STATE TRIALS.It is justifiable to repel force by force against anyone who endeavors to commit any kind of felony on oneself or one's property. The rule is clear: I have a right to stand in my own defense if you intend to commit a felony. If any of the persons made an attack on these soldiers with the intention to rob them, even if it was just to take their hats feloniously, the soldiers had a right to kill them on the spot and had no obligation to retreat. If a

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 477Consider that the people around you thought you came to dragoon them into obedience to statutes, instructions, mandates, and edicts, which they thoroughly detested. Many of these people were thoughtless and inconsiderate, old and young, sailors and landmen, negroes and mulattos. The soldiers had no friends among them; the rest were in opposition to them. With all the bells ringing to call the town together to assist the people in King Street, for they knew by that time that there was no fire, the people were shouting, huzzaing, and

Here is the translated text as follows:478 X. AMERICAN STATE TRIALS.Where a known felony is attempted upon a person, be it to rob or murder, the party assaulted may repel force with force. Even the assaulted person's own servant, then attendant on them, or any other person present, may interpose to prevent mischief. If death ensues, the party so interposing will be justified. In this case, nature and social duty cooperate. (Foster 274. Hawkins, P. C, Chap. xxviii, Sec. 25, towards the end.)Yet it seems that a private person, a fortiori, an officer of justice, who happens unavoidably to kill

Here is the translated text as follows:WILLIAM WEMHS AND SEVEN OTHERS. 479The law allows one to act upon unavoidable necessity; but also, he who, being assaulted in such a manner and in such a place that he cannot retreat without manifestly endangering his life, kills the other without retreating at all. See. 16. "And an officer who kills one that insults him in the execution of his office, and where a private person that kills one who feloniously assaults him in the highway may justify the fact without ever giving back at all."In the case before you, I suppose you

Here is the translated text as follows:480. X. AMERICAN STATE TRIALS.At certain critical seasons, even in the mildest government, the people are liable to run into riots and tumults. There are church quakes and state quakes in the moral and political world, as well as earthquakes, storms, and tempests in the physical. However, it must be said in favor of the people and of human nature that it is a general, if not a universal truth, that the aptitude of the people to mutinies, seditions, tumults, and insurrections is in direct proportion to the despotism of the government. In governments

Here is the translated text as follows:WILLIAM WEMUS AND SEVEN OTHERS. 481In the case here, we will take Montgomery, if you please, when he was attacked by the stout man with the stick, who aimed it at his head, with a number of people around him, crying out, "Kill them! Kill them!" Had he not a right to kill the man? If all the party were guilty of the assault made by the stout man, and all of them had discovered malice in their hearts, had not Montgomery a right, according to Lord Chief Justice Holt, to put it out

Here is the translated text as follows:482 AMERICAN STATE TRIALSIn this case, the principal issue is the reversal of the scene; if you are satisfied that these soldiers were present on a lawful design, and it is proven that any of them shot without provocation and killed someone, then only that individual is answerable for it. According to 1st Hale P.C., "Although if many come upon an unlawful design, and one of the company kills one of the adverse party, in pursuance of that design, all are principals: yet if many are together upon a lawful account, and one of

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 483The case of Pudsey, reported by Crompton and cited by Hale, turned upon this point. The offenses they respectively stood charged with as principals were committed far out of their sight and hearing, and yet both were held to be present. It was sufficient that at the instant the facts were committed, they were of the same party and upon the same pursuit, and under the same engagements and expectations of mutual defense and support, with those that did the facts.Thus far I have proceeded, and I believe it

Here is the translated text as follows:484 X. AMERICAN STATE TRIALS.I have no reason to suppose that there ever was one in Boston, at least among the natives of the country. But rioters are in the same situation, as far as my argument is concerned, and proper officers may suppress rioters, and so may even private persons. The defense is not put on the sole ground that they were acting in obedience to orders; but as citizens who were entitled to the protection of the laws as much as any other citizens. The sentry being attacked in the street by

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 485Who were endeavoring to deprive him of his; that is a point I would not give up for my right hand, nay, for my life."Well, I say, if the people did this, or if this was only their intention, surely the officer and soldiers had a right to go to his relief, and therefore they set out upon a lawful errand. They were therefore a lawful assembly, if we only consider them as private subjects and fellow citizens, without regard to mutiny acts, articles of war, or soldiers' oaths.

Here is the translated text as follows:486 X, AMERICAN STATE TRIALS.Words alone may precede, but if, after using such language, I proceed to take someone by the nose or fillip them on the forehead, that constitutes an assault, a blow. The law does not require a person to stand still and endure it; therein lies the distinction: hands off, touch me not. As soon as you touch me, if I run you through the heart, it is considered only manslaughter. The more you contemplate the utility of this distinction, the more satisfied you will become with it. An assault occurs

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt is not respectable for them. The sun is not about to stand still or go out, nor the rivers to dry up, because there was a mob in Boston on the fifth of March that attacked a party of soldiers. Such things are not new in the world, nor in the British dominions, though they are, comparatively, rarities and novelties in this town. Carr, a native of Ireland, had often been concerned in such attacks, and, indeed, from the nature of things, soldiers quartered in a populous town will

Here is the translated text as follows:488 X. AMERICAN STATE TRIALS.The prosecution aimed to prove that Killroy harbored preconceived malice in his heart, not specifically against the unfortunate victims who were killed, but against the inhabitants in general. They argued that he possessed the spirit not only of a Turk or an Arab, but of the devil himself. However, even if this testimony were taken as literally true, and Killroy indeed harbored all the malice they sought to prove, if he was assaulted that night and his life was in danger, he had the right to defend himself just as

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAttucks, whom Montgomery was supposed to have killed, appeared to have undertaken to be the hero of the night and to lead this army with banners. He first formed them in Dock Square and then marched them up to King Street with their clubs. They passed through the main street up to the main guard in order to make the attack. If this was not an unlawful assembly, there never was one in the world. Attucks, with his myrmidons, came around Jackson's corner and down to the party by the

Here is the translated text as follows:490 X. AMERICAN STATE TRIALS.The use of cinders, clubs, or sticks of any kind was a provocation, for which the law reduces the offense of killing down to manslaughter, in consideration of those passions in our nature which cannot be eradicated. To your candor and justice, I submit the prisoners and their cause.The law, in all vicissitudes of government, fluctuations of the passions, or flights of enthusiasm, will preserve a steady, undeviating course; it will not bend to the uncertain wishes, imaginations, and wanton tempers of men. To use the words of a great

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe counsel for the prisoners, having spoken last, has produced so many authorities that I would not normally think it necessary to comment on it particularly. However, it has been traced through so many volumes and urged with such eloquence and zeal, as though it were the foundation of their defense, or at least an argument chiefly relied upon. But if you consider this sort of reasoning for a moment, you will realize that it tends more to amuse than to enlighten. Without great caution, it may captivate your minds

Here is the translated text as follows:492 X. AMERICAN STATE TRIALS.In the proceedings that have unfolded, the defense of the prisoners has been vigorously pursued, appealing to your passions in favor of life in a manner that might be unsettling to your humanity if I were to attempt a similar appeal against life. Numerous observations have been made to present the prisoners in a favorable light and to evoke your compassion. It has been suggested that "the life of a soldier is thought to be less valuable among us than the life of a private subject," a claim that is

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIt remains to be determined whether the publication of the evidence has tended more to the advantage or disadvantage of the prisoners. It is notorious that, by means of it, they have learned the strength of the evidence against them and had time to prepare to encounter it. This is evident from the points taken in their defense, which they have endeavored to address. Meanwhile, the counsel for the crown, despite their supposed assistance, having neither heard nor seen the evidence to be produced for the prisoners, were surprised at

Here is the translated text as follows:494 X, AMERICAN STATE TRIALS.I am designed to prove to you that on the evening of the 8th of March, the town was in a general commotion. Vast numbers of people were seen coming from all parts of the town, armed with clubs and sticks of various sizes, and some with guns. They assembled at and near King Street; fire was cried, and the bells were rung to increase the collection. From all this, you might be induced to believe that there was a general design, in a great number of the inhabitants, to

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSThe evil disposition and abusive behavior of many of the soldiers toward the citizens had created a tense atmosphere. Even the most peaceable among the citizens found it necessary to arm themselves with heavy walking sticks as weapons of defense when they went abroad. This explains the presence of sticks in the hands of many citizens, as had been stated, and it was nothing more than might have been expected on any other night.To focus this affair to a single point of view, consider the account given of the affray

Here is the translated text as follows:496 X. AMERICAN STATE TRIALS.The account given by other witnesses of the collection of the citizens evidently refers to those who assembled when the soldiers rushed out in the manner before mentioned. And though it cannot be fully justified, yet who will say that anything better could be expected when the people found they could not walk the streets in peace without danger of assassination? But how does all this prove the grand point for which it was produced, namely, that there was a combination of the inhabitants to attack the soldiers? Does the

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 497Second. Whether they, or either of them, were killed by the prisoners, or either of them? And if they were, then,Third. Whether such killing was justifiable, excusable, or felonious? And if the latter,Fourth. Whether it was manslaughter or murder?As to the first, you have not only the coroner's inquest but the testimony of so many witnesses that the five persons were shot and thereby mortally wounded on the night of the fifth of March last, and that some of them died instantly, and the rest in a few days

Here is the translated text as follows:498 X. AMERICAN STATE TRIALSIf one of the prisoners did not actually kill either of the persons who were slain, you must consider whether he did it in consideration of law. Now, all who are present, aiding and abetting one person in killing another, do, in the judgment of law, kill him. The stroke of one is, in consideration of law, the stroke of all. When a number of persons assemble together to do an unlawful act, and in the prosecution of that design one of them kills a man, all the rest of

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERS. 499If the action upon which that declaration was founded is unlawful in one part of the king's dominions, it is equally unlawful to be done in any other part. However, the annually enacted Mutiny Acts demonstrate the consent of Parliament that the king, in times of peace, should maintain a standing army not only in the kingdom but also in America. These acts not only determine the number of troops to be maintained but also provide for the regulation of the king's troops stationed in America. Therefore, as these

Here is the translated text as follows:500 X. AMERICAN STATE TRIALS.It is for you to determine this matter upon the whole of the evidence given to you. In doing so, you ought to reconcile the several testimonies, if by any reasonable construction of the words it may be done. Where some witnesses swear they saw such a thing done, and others swear they were present and did not see it, if the thing said to be done be such as it may reasonably be supposed some might see and others not, by reason of their want of observation, or particular

Here is the translated text as follows:WILLIAM WEMHUS AND SEVEN OTHERSYou have heard the deposition regarding the resolution to drive the soldiers out of town "because they had no business here." You have also heard testimony about the proposals to attack the main guard, the assembling of the people—especially in Dock Square—of the cheering for the main guard and King Street, and of the attack on the sentry. Now, if this was done in pursuance of a resolution taken "to drive the soldiers out of the town because they had no business here," I will not now determine whether it

Here is the translated text as follows:502 X. AMERICAN STATE TRIALS.All members of the party will, by law, be chargeable with each mortal stroke given by any one of them, as though they all had, in fact, given it.It is said that while they were at the custom-house, before they fired, some of them attempted to stab everyone they could reach with their bayonets, without any reason for doing so. Such conduct can neither be justified nor excused. However, as the time was very short, and some witnesses declare that the people were crowding upon the soldiers and that the

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSWith regard to the assault made upon the party of soldiers at the custom-house, if you believe they were attacked by such numbers and in such a violent manner as many of the witnesses have positively sworn, you will be able to assign a cause for their firing so near together as they did without supposing a previous agreement to do so. However, it is argued that if their firing as they did does not prove a previous agreement to do it, it is still good evidence of an actual

Here is the translated text as follows:504 X. AMERICAN STATE TRIALS.Montgomery killed Attucks, and Langford swears Killroy killed Gray, but none of the witnesses undertake to say that either of the other prisoners in particular killed any of the other three persons, or that all of them did it. On the contrary, it seems that one of the six did not fire, and that another of them fired at a boy as he was running down the street, but missed him (if he had killed him, as the evidence stands, it would have been murder). However, the witnesses are not

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSIf there is sufficient reason to believe that Montgomery fired and killed Attucks for the preservation of his own life, it was justifiable homicide, and he ought to be acquitted. If you do not believe that was the case, but upon the evidence are satisfied that he was assaulted by that assembly with clubs and other weapons, and thereupon fired at the rioters and killed Attucks, then you ought to find him guilty of manslaughter only. However, if upon the evidence, you believe that Montgomery, without being previously assaulted, fired

Here is the translated text as follows:506 X. AMERICAN STATE TRIALS.Nay, while soldiers are in the immediate service of the king and the regular discharge of their duty, they rather come within the reason of civil officers and their assistants, and are alike under the peculiar protection of the law.If you are satisfied upon the evidence that Killroy killed Gray, you will then inquire whether it was justifiable, excusable, or felonious homicide, and if the latter, whether it was with or without malice. If the attack was upon the party of soldiers in general, and in the manner I have

Here is the translated text as follows:WILLIAM WEMMS AND SEVEN OTHERSAlthough Killroy and other soldiers had a quarrel with Gray and others at the rope-walks a few days before the fifth of March, it is not certain that Killroy then knew Gray or aimed at him in particular. However, if Gray encouraged the assault by clapping the assailants on their backs, as Hinckley swears he did, and Killroy saw this and knew him to be one of those involved in the affray at the rope-walks, this very circumstance would have a natural tendency to raise Killroy's passions and throw him

Here is the translated text as follows:508 X. AMERICAN STATE TRIALS.The soldiers had the right to stand their ground and repel force with force, rather than retreat and yield to the rioters.It is unnecessary for me to discuss what you should do regarding the other six prisoners, in case they had gone to the custom-house not to protect the sentry but to disturb the peace, or if they had agreed to do so after arriving and before the firing began, or if they had actually unlawfully abetted the killing. None of these scenarios have been testified to, nor can any

Here is the translated text as follows:THE TRIAL OF CAPTAIN THOMAS PRESTON FOR THE MURDER OF CRISPUS ATTUCKS AND OTHERS, BOSTON, MASSACHUSETTS, 1770The Narrative and TrialBefore the trial of the eight soldiers was held (ante, p. 415), Captain Thomas Preston, who was in command of the regiment to which they belonged and who was charged with having ordered the soldiers to fire, and who had been included in the indictments against them, was brought to trial before the same judges and with the same counsel. The trial of the soldiers was very fully reported by John Hodgson; however, no minutes

Here is the translated text as follows:510 X. AMERICAN STATE TRIALS.It was evident that Mr. Adams, in an attempt to curb the situation, warned the witness that if he did not desist, he would decline to have any further involvement in the case. The prisoner and his friends, alarmed by this, considered engaging other counsel. However, Mr. Adams, confident that there was sufficient evidence to secure a favorable verdict from an impartial jury, had no intention of abandoning his client. His concern was for the honor of the town, which he feared would suffer further if the witnesses were examined

Here is the translated text as follows:THE TRIAL OF EDWARD MANWARING, JOHN MUNRO, HAMMOND GREEN, AND THOMAS GREENWOOD, FOR MURDER, BOSTON, MASSACHUSETTS, 1770THE NARRATIVE AND TRIALOn the 12th of December, following the trial of the eight British soldiers (ante, p. 415), four civilians described in the indictments as Edward Manwaring, Esquire; John Munro, gentleman; Hammond Green, boat builder; and Thomas Greenwood, laborer, were put on trial. They were charged with being present, aiding, and assisting in the murder of the citizens who were killed on the fifth of March. The evidence for the prosecution tended to show that the prisoners,

Here is the translated text as follows:THE TRIAL OF JACOB LEISLER FOR HIGH TREASON, NEW YORK CITY, 1691THE NARRATIVE AND TRIALJames II of England was very unpopular in the colonies of New York and New England, and a rebellion had broken out against the governor he had sent there. This unrest coincided with news of the successful invasion of England by the Prince of Orange and the accession of William to the throne. The rebels found a leader in Jacob Leisler, a New York merchant of standing and a zealous friend of the Protestant cause. Leisler had previously suffered imprisonment

Here is the translated text as follows:JACOB LEISLERJacob Leisler published a declaration that "as soon as the bearer of orders from the Prince of Orange shall let us see his power, then without delay we do intend to obey, not the orders only, but also the bearer thereof."Massachusetts and Connecticut supported his measures, and his authority was soon generally acknowledged by the middle and lower classes. Nicholson, the lieutenant governor, fled to England, and Courtlandt, the mayor of New York, Colonel Bayard, and others of his council, "gentlemen of figure," unable to brook the ascendency of a man "mean in

Here is the translated text as follows:514 XY. AMERICAN STATE TRIALS.Jacob Leisler considered the commission as directed to himself and esteemed his authority to have received the royal sanction. By advice of the committee of safety, he now assumed the title of lieutenant governor. To add strength to his party, a convention was summoned of deputies from all the towns to which his influence extended, and various regulations were adopted for the temporary government of the province.Nicholas Bayard, a member of the Albany convention, was found in New York, arrested, and imprisoned for high misdemeanors and for certain libellous writings

Here is the translated text as follows:JACOB LEISLERJacob Leisler was seized and thrown into prison, along with his son-in-law and several of his adherents. The prisoners were immediately brought to trial before a special court of oyer and terminer. Six of the inferior insurgents were convicted of high treason and subsequently reprieved. Leisler and Milborne denied the governor's power to institute a tribunal for judging his predecessor and vainly appealed to the king. The trials proceeded before a tribunal erected for the purpose of giving the sanctions of the law to the determinations of power.Joseph Dudley, the chief justice, had

Here is the translated text as follows:516 %. AMERICAN STATE TRIALS.THE EXECUTION.On May 16th, 1691, Leisler, along with his son-in-law, Milborne, was led to the gallows. After parting with his wife Alice and his numerous family, he met his death with fortitude, as befitted a Christian. Following praise to God, he expressed his awareness of his dying state and submitted himself before a just God with humility and hope. He avowed that, at the request of a committee chosen by the majority of the inhabitants of the province, he had taken upon himself, "to the great grief of relations to

Here is the translated text as follows:JACOB LEISLER, 517Hoped they would act as such. Turning to Milborne, he exclaimed, "Why must you die? You have been but as a servant, doing my will; and, as I am a dying man, I declare before God and the world that what I have done was for King William and Queen Mary, the defense of the Protestant religion, and the good of the country." Having again professed his reliance on God, he signified his readiness to depart, and his sufferings were soon ended.The populace, overawed by the soldiers, were dreadfully agitated by this

Here is the translated text as follows:THE TRIAL OF NICHOLAS BAYARD FOR HIGH TREASON, NEW YORK CITY, 1702THE NARRATIVEJacob Leisler fell victim to the malignant feelings engendered by political contentions in the Provinces in 1691. The passions excited in his adherents by his melancholy fate continued to distract the public councils and embitter the social intercourse of the inhabitants of the province for a long time. His son, Jacob, unmindful of his father's dying request made upon the gallows, could never forget or forgive his father's melancholy death. He lost no opportunity to vindicate his father's name and to cast

Here is the translated text as follows:NICHOLAS BAYARDIn the political landscape of New York, the aristocratic party, now in the minority, took measures to secure the new governor to their own interests. Nicholas Bayard, who had been long imprisoned by Leisler and was instrumental in his death, procured addresses to be signed to the king, the parliament, and to Cornbury. These addresses contained charges of bribery, public plunder, and oppression against the lieutenant governor, the chief justice, and the assembly. Additionally, reflections were liberally cast upon the memory of Lord Bellamont himself.Previously, Bayard had procured a law to be enacted

Here is the translated text as follows:520, AMERICAN STATE TRIALS.The objection was immediately overruled. A part of the jury insisted that they had a right to deliberate alone, whereupon the Solicitor General took down their names and threatened that he "would cause them to be trounced." The jury broke up in confusion without acting. The Solicitor General then complained to the court that four of the jury insisted that he should not be present at their deliberations, and the court ordered them to be forthwith discharged. Still, the jury hesitated to find a bill of indictment, and when they did

Here is the translated text as follows:NICHOLAS BAYARDTHE TRIALIn a Special Court of Oyer and Terminer, New York City, February 1702.Hon. William Atwood, Chief JusticeHon. Abraham De Peyster, JudgesHon. Robert WaltersJanuary 6, Lieutenant Governor John Nanfan and his council complained of libels against the government in the form of petitions circulated and signed by Colonel Nicholas Bayard and others. These petitions were addressed to the King of England, the Parliament, and Lord Cornbury, who had succeeded Lord Bellamont as Governor of these Colonies and who was now on his way here.Attorney General Broughton gave a written opinion that the petitions

Here is the translated text as follows:522 X, AMERICAN STATE TRIALS.Neither the address nor the petitions nor any matter therein contained is criminal and illegal, but nevertheless the Council issued its warrant for the arrest of Nicholas Bayard and John Hutchins under a recent statute. This statute provided that "whatsoever person or persons shall by any manner of way, or upon any pretense whatsoever, endeavor, by force of arms or otherwise, to disturb the peace, good and quiet of this, their majesty's government, as it is now established, shall be deemed and esteemed as rebels and traitors unto their majesties

Here is the translated text as follows:NICHOLAS BAYARDFor the service, Nicholas Bayard attended them with the proofs and insisted on being present with the grand jury. He demanded that no person should be sent for except those he named and that no questions should be asked of them except those he approved. On the other hand, John Corbitt, Caleb Cooper, John Cortland, and John d’Key insisted that the King’s counsel ought not to be present with them during their private debates. They maintained that they had the right to send for whatever persons and ask whatever questions they deemed necessary

Here is the translated text as follows:524 X. AMERICAN STATE TRIALS.The bill was presented, and the court took possession of it; it was now a record, and there was no averment against a record. It was ordered that the prisoner come to trial on the following Monday; the court adjourned accordingly until that day. March 2.Mr. Nichol moved that the indictment be quashed, as it was not found by twelve men. The Court overruled the motion and called on the prisoner, Nicholas Bayard, to plead.The indictment charged that Nicholas Bayard, by conspiracy as aforesaid, on the tenth day of December

Here is the translated text as follows:NICHOLAS BAYARDThe following individuals were present: Saunders, Jacob Cornelisse, Barent Kool, Goert Olpherts, Samuel Cornelius Clopper, Conrael Teneyck, and Jacobus Goelet.The prisoner then read a petition to the court, in which he set forth the injustice and irregularity of the proceedings against him. He stated that the indictment was not agreed upon by any twelve members of the grand jury, and he requested that all members of the grand jury be examined by the court on this point. He also insisted that, as a matter of justice to him, the grand jury ought to

Here is the translated text as follows:526X, AMERICAN STATE TRIALS.The document asserts that the inhabitants of New York were entitled to the privileges of Englishmen. It speaks concerning the late revolution here, of which I have but a confused idea, and can remember nothing particular. Afterwards, it speaks concerning my Lord Bellamont's administration, in several articles, of which I can remember but one, which is that the hottest and most ignorant of the people were put into places of trust. Then it speaks concerning the late assembly here, and tells you that after this assembly had chosen a speaker, some

Here is the translated text as follows:NICHOLAS BAYARD527Initially, I thought the word was 'seum', but I now believe it was meant to convey that the 'hottests' and 'ignorantests' were put into positions of trust. "Mr. Clows, pray tell us, what was the reason you did not sign the other two addresses?" "I think I am not obliged to tell that at this time, as it does not affect the matter at all."The Chief Justice responded, "Yes, but it does; you must tell us. One of the chief reasons was because I then thought that the assembly's gift to the Lieutenant

Here is the translated text as follows:528X, AMERICAN STATE TRIALS.Some of them complained that the people lay under some hardships here.**The Solicitor General:** You declared much more before the council. I was then called suddenly before the council and was surprised.**John Bashford:** I was at the coffee house, where I saw the papers or addresses, but do not know what they were or contained; and I signed four or five papers there, but did not stay half a quarter of an hour. When I was there, I saw Colonel Bayard amongst many others in the room, but did not see

Here is the translated text as follows:NICHOLAS BAYARD**John Buckley:** Coming home from the fort and passing by Mr. Hutchins' house, I was asked to walk in by Mr. Hutchins, which I did. I saw some papers there which were called addresses, but I did not read any of them except the one to my Lord Cornbury. As I understand, it was a compliment and congratulation to him upon his arrival here. Mr. Hutchins asked me to sign it, but I refused because, being a lieutenant in the garrison, I was unwilling to do any such thing before any of my

Here is the translated text as follows:530AMERICAN STATE TRIALSOthers at their request, having first put their marks, I and the others expected by this to be made free of the city. I believe that out of 160 men now belonging to the fort or thereabouts, there may be thirty that signed.One Bovell, coming to Capt. Hutchins, was shown some papers which were told to be addresses. I put my mark without being desired by anybody; I cannot write nor read. When I had set my mark, Mr. Hutchins told me that if any of my fellow soldiers would come and

Here is the translated text as follows:NICHOLAS BAYARD**The Solicitor General:** I have now proved by the witnesses those false and scandalous libels set forth in the indictment, whereby the good, peace, and quiet of the government have been disturbed, which by this act of assembly is high treason. I have likewise proved that the soldiers were drawn in to sign those scandalous libels, and that some did sign blank rolls, which was listing of soldiers, and is treason. These words in the petition to the lieutenant governor and council, viz. "who we understand, by certain advice we have received from

Here is the translated text as follows:532 X. AMERICAN STATE TRIALS.By the course of the evidence, it appears there was an address to the king, an address to the House of Commons, an address to my Lord Cornbury, and a petition or address to the lieutenant governor and council. However, all the evidence is very lame and weak, particularly concerning the first three addresses. Even if we were to admit that making or signing them constitutes any fault or crime, more especially if it were to amount to treason, none of the evidence indicates that the prisoner signed these addresses.

Here is the translated text as follows:NICHOLAS BAYARDIt plainly appears to be the right of the subject to petition the House of Commons, or the King. The proviso in that act says, "that neither that act, nor anything therein contained, shall be construed to extend or hinder any person or persons, not exceeding the number of ten, to present any public or private grievance or complaint to any member of the House of Commons after his election, or to the king's majesty." By the act of recognition of William and Mary, declaring the rights and liberties of the subjects, and

Here is the translated text as follows:534 X, AMERICAN STATE TRIALS,Complaining is made treason! Here is a strange and fatal dilemma for the subjects of the plantations. They must either suffer their oppressions or be hanged for traitors if they complain.The act of assembly of this country cannot, by any natural or legal construction, be extended to make the prisoner culpable. It is plain by the whole purport of the act that it has made no new treason; it only recognizes the king and queen and enacts that those who shall do anything destructive to that establishment, by force of

Here is the translated text as follows:NICHOLAS BAYARDMr. Emot: By Your Honor's permission, I am counsel for Colonel Bayard, the prisoner at the bar. However, I am unwilling to take up too much of your time, as this trial has already been very long. Mr. Nicholl, who is also counsel on the same side, has, amongst other things, made it very evident that for the subjects to petition His Majesty is their ancient and indubitable right. Therefore, I shall make it my business only, as near as I can, to demonstrate to this court and jury that even if the

Here is the translated text as follows:536AMERICAN STATE TRIALS.Upon loan, without interest, several considerable sums of money were provided for the preservation of his majesty's interest and government in New York. Of these, upwards of 200 pounds in specie lent is still unpaid. I desire that the clerk of the council may be sworn.Mr. Jamison, who was then the clerk of the council, was addressed by Chief Justice Atwood. The Chief Justice stated, "Mr. Jamison has refused to purge himself of signing those addresses and is particeps criminis, for which reason he cannot be allowed to be an evidence."The Chief

Here is the translated text as follows:NICHOLAS BAYARDNicholas Bayard was found guilty; he had the advantage of moving in arrest of judgment and might be relieved as to matters of law.Mr. Emot argued, "This is not fair, to give the jury a handle to find the prisoner guilty, in expectation of relief in arrest of judgment; for they are judges both of law and fact, as the case is now circumstanced. If they will enslave themselves and their posterity, and debar themselves of all access to their prince, they will be worse than negroes."The Chief Justice responded, "This is not

Here is the translated text as follows:538 X, AMERICAN STATE TRIALSThe prisoner made an urgent appeal in a letter addressed to De Peyster, one of his judges, in which he says:“Believe me, sir, as you may give credit to the words of a dying man, I die with a clear and good conscience, free of that horrid crime laid to my charge as the child yet unborn; and therefore hope God’s merciful hand, who has never left nor forsaken me, will continue to support me to the very last, and that I may look death in the face, as a

Here is the translated text as follows:NICHOLAS BAYARD"Have you anything to say why sentence should not be pronounced?"The Prisoner: "I have nothing more to offer than what my counsel have offered, and what is contained in my last petition."The Chief Justice: "I am sorry to find you so impenitent of your crime, which is so heinous and abominable in the sight of God and man. You have lately made reflections upon the proceedings of this court against you as if it had been a design to do the job, comparing your case to that of Naboth’s vineyard. But I hope

Here is the translated text as follows:THE TRIAL OF ORRIN DE WOLF FOR THE MURDER OF WILLIAM STILES, WORCESTER, MASSACHUSETTS, 1845THE NARRATIVEWilliam Stiles, a deformed and feeble man, was married to a good-looking wife. He was lazy and given to intemperance. He had a small property which, on account of his habits, had been placed in the hands of trustees, and it would go to his wife at his death. She was not fond of him and told this more than once to a boarder named De Wolf. One night, Stiles proposed to the boarder that they should go for

Here is the translated text as follows:ORRIN DE WOLF, 541June 10.Today began the trial of Orrin De Wolf. The first count of the indictment charged the prisoner with committing a felonious assault on William Stiles at Worcester on the fourteenth of January last, and producing the death of said Stiles by strangling him with a silk handkerchief. The second and third counts alleged that the cause of his death was a large quantity of a noxious ingredient, called first-proof gin, administered by the said De Wolf to the said Stiles.Mr. Wilkinson, District Attorney, stated that it would probably be shown

Here is the translated text as follows:542X. AMERICAN STATE TRIALS.Jury:Nathan Haskell, foreman; Holland Albes, Gilbert Bond, Joel Barnard, Zalmon Bellows, Salem Cobb, Charles Cutler, Franklin M. Farnum, Ephraim Fisher, Lincoln Fay, Wilcott Harwood, Emerson Johnson.Witnesses for the Commonwealth:Benjamin Baldwin:I reside in Worcester and tend the stable for Flagg & Dodd, hotel-keepers. Mr. Whipple's stable adjoins the hotel. I remember the death of William Stiles. De Wolf called me as I was coming from Flagg & Dodd's stable to the house and said he had Stiles drunk in his sleigh. He asked me to help get him upstairs in Whipple's stable

Here is the translated text as follows:ORRIN DE WOLF543I entered a room to the left. This was a little after nine in the morning.Rodolphus C. Edwards was at Flagg & Dodd's tavern the night of Stiles' death. I saw De Wolf about half past ten in the bar room. He said there was a man at the barn who was drunk, and he wanted some salt and water to give him. De Wolf, myself, Nathaniel Watson, and a man from Boston went out together. We found Stiles lying on a cot bed. De Wolf went for Dr. Heywood, who arrived

Here is the translated text as follows:B44X. AMERICAN STATE TRIALS.I returned without finding him. I then told him to go for Mr. Gates, the sexton, as he would know what should be done. I noticed a little redness about the throat, but made no particular examination at that time. After the jury of inquest was summoned, I made a post-mortem examination in company with Dr. Green and my son. On the back of the neck, the blood had settled as is usual after death. In front of the neck, the red mark was very distinct. Whatever had been applied to

Here is the translated text as follows:ORRIN DE WOLF545I did not particularly note Stiles’ appearance. De Wolf and myself carried him down, put him in a sleigh, and carried him home. De Wolf shaved him. After we had taken off the clothes, I observed for the first time the mark around the neck. When De Wolf came to my house, he said there was a man at the stable, dead—that he found him in the road by a sleigh, and Dr. Heywood said he was chilled through—he was intoxicated, and in the habit of getting intoxicated. While we were going

Here is the translated text as follows:546X. AMERICAN STATE TRIALS.He appeared to be slewed and cold; I asked if he knew where he had been that evening—he said no—if he knew where he got his liquor—he said he did not. He said he was acquainted with him and had boarded in his family. When he found him, he was the worse for liquor, and he got the hostler to help carry him up and laid him on the bunk. He then took a newspaper and sat down and read until he fell asleep. When he woke up, he went to

Here is the translated text as follows:ORRIN DE WOLF547If he was, I didn’t think he would be hurt. After a while, he said he could tell me more about it if I would promise to say nothing about it. He asked if I thought he would be clear if he could tell who did murder him. I told him I could tell nothing about it without knowing what he could tell, but I should advise him not to say anything that would convict himself in any way whatsoever. I told him that if he was perfectly innocent and could bring

Here is the translated text as follows:548X, AMERICAN STATE TRIALS.He then said that there were others concerned in it, and others did it, but he was perfectly innocent. He said he hired another man to do it. I have frequently been into De Wolf's cell for the purpose of having conversation with him, at his request. I never told him that the best thing he could do would be to make a confession. The most I ever said to encourage him to confess was that if he was perfectly innocent, as he said he was, and if he knew who

Here is the translated text as follows:ORRIN DE WOLF549"You had better make it to the sheriff," he said to me. I promised to see him in the afternoon. In the afternoon, I took him into the sitting room with Mr. Matthews, where his conversation was put to writing and signed by him, as well as by Mr. Matthews and myself as witnesses. I never gave him any encouragement to hope for escape or commutation of punishment; I told him he had no right to hope for anything but death. I told him that any confession he could make would do

Here is the translated text as follows:550AMERICAN STATE TRIALSTHE TESTIMONY FOR THE DEFENSE**Ruth Willard:** I was in Stiles' family for about a fortnight, six years ago last December. While there, Stiles was sent to Worcester one morning on business and was brought home at night apparently helpless. We got him into the room where his wife was, and at last she got him to bed and said if he went to sleep he would be fine. All at once, he jumped out of bed and went to the secretary and seized some razors. She took them away and got him

Here is the translated text as follows:ORRIN DE WOLF551Dr. Orrin De Wolf testified that he could not conceive of a man strangled by a ligature without congestion of the lungs. He believed that if enough force were applied to prevent respiration, the effect would be to leave clotted blood in the heart. He stated that he would not be able to draw an opinion on the cause of Stiles' death from the medical testimony that had been given, as it did not satisfy him that death resulted from the pressure of a ligature around the neck. He noted that the

Here is the translated text as follows:552 ZX. AMERICAN STATE TRIALSIt is essential that the community understands the importance of the strict execution of laws, and no sympathy for the prisoner should be allowed to interfere with the administration of justice. If the notion spreads that a murderer may escape due to a lack of firmness on the part of jurors, it could encourage an assassin who is wavering in his purpose. Consequently, the jury that hesitates to return a verdict against the criminal becomes responsible for two deaths instead of one. It is the duty of the jury to

Here is the translated text as follows:ORRIN DE WOLFOrrin De Wolf was imprisoned due to the insinuations he repeatedly made about soon coming into possession of Stiles' property, the falsehoods by which he deceived the Doctor and coroner (for which the advice of others does not excuse him), and the results of the post-mortem examination. Every fact and circumstance in the evidence is consistent with the hypothesis of strangulation by the hands of De Wolf. Much stress has been laid on the imperfect character of the post-mortem examination. Was it really imperfect? Even had there been no such examination, the

Here is the translated text as follows:554 XY. AMERICAN STATE TRIALS.The responsibility imposed upon both the Court and the jury is immense. Nothing might reconcile us to such a responsibility, but the stern necessity of maintaining the supremacy and integrity of the laws. Unless we do that, we prove recreant to the solemn trust which society has reposed in us, and which the public good requires us faithfully to fulfill. The laws must be strictly carried into effect, while the rights of the accused are entitled to all the consideration which is guaranteed to them. You are selected, therefore, for

Here is the translated text as follows:ORRIN DE WOLF. 555It is the duty of the Court to instruct the jury on all points relating to the law and evidence, and to determine what evidence is admissible. It then becomes the duty of the jury to apply that evidence in accordance with the principles of truth and justice. The question is, therefore, one of complicated law and fact.The prisoner at the bar, gentlemen, is charged with the willful murder of Wm. Stiles. In order for you to understand the nature of the offense, it is necessary that you understand that this

Here is the translated text as follows:556 X, AMERICAN STATE TRIALS.The central issues before us are whether a human life was destroyed and, if so, was it done by the hand of the prisoner? These two questions will therefore occupy your attention.If the destruction of human life is attained by human means, no matter how near the end, no matter what the circumstances may be, the victim is entitled to the hope of recovery, and his life is under the protection of the law. To take such a life is an act of homicide. Now, was the life of William

Here is the translated text as follows:ORRIN DE WOLF, BTWhen a death has occurred from violence, a suitable and competent officer shall proceed to the spot for the purpose of investigating the cause and instituting such inquiries as may be proper. This is done in order that the facts may be properly stated, so that the public may be satisfied there was no crime or carelessness in the case, or if otherwise, that the crime may be charged upon its author. Such was the course pursued, and such was the mode of examination adopted in the present case. Now, what

Here is the translated text as follows:558 X, AMERICAN STATE TRIALS,The deceased was given to habits of intemperance, sometimes excessive. He had expended a part of his property under circumstances which induced the officers of the town to make an application for a guardianship over him. Instead of a guardianship, however, trustees were appointed to take charge of his remaining property. He could not, therefore, spend his property during his lifetime. Thus, he was situated in the summer and fall of 1844, and during the winter until his death, doing but little work and living generally in idleness and indulging

Here is the translated text as follows:ORRIN DE WOLF, ESQ.In determining this point, you are to look at the motives, the time, and the circumstances.It is proper, therefore, to consider circumstantial evidence. It differs from positive evidence in that it does not profess to be direct proof. Instead, it connects one fact with another, and the inference drawn must be one that can be proven to be factual based on the connection of all the circumstances. It has been said that a case built on circumstantial evidence may be more compelling than one supported by positive evidence.One witness may testify

Here is the translated text as follows:560 X, AMERICAN STATE TRIALS.The confession may be received as very satisfactory. There is one other fact of importance in the case connected with this confession, one which may test its truth. Mr. Mathews testifies that after De Wolf had made this confession to him, he (Mathews) told him he did not believe his story but that he had thought of a way to test the truth of it, if he would consent to it. He (the prisoner) wanted to know what it was. Mathews told him he would have Stone arrested that evening

Here is the translated text as follows:ORRIN DE WOLF. BelOrrin De Wolf's confession was witnessed by the sheriff and jailer and subsequently presented to the attorney. The defendant was informed that his confession would not benefit him as it did not provide evidence against others implicated in the statement. The prisoner further stated that the part of his confession relating to Mrs. Stiles was untrue. He admitted to the illicit intercourse and claimed that Stiles was a diseased and intemperate man whose wife wished him dead. De Wolf confessed that he had procured poison for Mrs. Stiles to administer to

Here is the translated text as follows:562 XY, AMERICAN STATE TRIALS.Otherwise, or that he should escape with a lighter punishment. But it must be considered in every part. If the facts stated or any part of them are inconsistent with the other evidence, then these may be excluded. Gentlemen, what are the facts in corroboration? In answering this question, you will consider the previous intimacy of the defendant with the wife of the deceased; the testimony showing illicit intercourse between them, the complaints frequently made by Stiles respecting the intimacy and intercourse, and the frequently expressed expectations of De Wolf

Here is the translated text as follows:ORRIN DE WOLF. 568The defense argues that there was no time when this offense could have been committed. When witnesses speak of a few minutes, their testimony does not admit of very great accuracy. If the prisoner committed this crime, he would have done it under circumstances that would be the least likely to subject him to suspicion.According to his confession, he could not have done it at any other place than at the stable. One of the witnesses has stated that a much lesser degree of force would produce death while in a

Here is the translated text as follows:564 X. AMERICAN STATE TRIALS.To induce the wife of Stiles to screen herself, or to escape, is a strong point. With these views, you will take this important case and, after a careful investigation, render such a verdict as it requires. It is important that the laws should be administered according to the principles of Justice and Truth, so that the guilty may not escape, and the innocent shall not suffer. If the law accomplishes that, it is a perfect law. You will, therefore, carefully consider the evidence which has been laid before you

Here is the translated text as follows:ORRIN DE WOLF. 565Someone told him that Stiles wished him to go and see his wife, and he visited her. After some days, as she did not get better, he said, "If she does not get well by the first of January, I should leave her; or I would kill you if I had to wallow to my knees in blood." I said to him that I told his wife that I was diseased; he said that he did not know anything about it. Things continued in this manner until Monday night before Stiles'

Here is the translated text as follows:566 X, AMERICAN STATE TRIALS.I knew the man, but I told others that I found him in the street. Accompanied by the sexton, I carried Stiles home. His wife asked me if I had killed him. I said, "No." She replied that she was glad I had not killed him, and that she would rather he be brought home in this condition than brought home drunk.The next morning, he came into the barn. I asked him how he had killed Stiles. He said that he had put his hand into his handkerchief on the

Here is the translated text as follows:THE TRIAL OF ALEXANDER WHISTELO FOR BASTARDY, NEW YORK CITY, 1808THE NARRATIVEIn New York City, a dissolute woman charged a negro coachman with being the father of her child, which he denied. When the infant was produced, it proved to be white. The question that the Court had to decide was whether such a thing could be possible. Dr. Mitchill, the great expert of the day, thought the thing quite possible. Although he fortified his opinion with much learning and much authority from history, both sacred and profane, the Court decided that the woman's

Here is the translated text as follows:568 &X. AMERICAN STATE TRIALS.August 19,A complaint had been made on June 9th to the Commissioners of the Alms House and Overseers of the Poor of New York City, stating that they were charged with the support of a certain bastard child of one Lucy Williams, and that one Alexander Whistelo, a negro, was the reputed father of the said child. The negro appeared before the Magistrates on June 10th and pleaded not guilty to the charge. After hearing witnesses, the Magistrates disagreed, and the case was brought to this Court for decision.Mr. Vanhook

Here is the translated text as follows:ALEXANDER WHISTELO, 569In the case of Alexander Whistelo, it was argued that to contradict a positive oath should be received with many grains of caution—the more so, as those opinions would probably be opposed by others of very great authority. However, it was thought that unless the woman could be otherwise discredited, such opinions, opposed to positive testimony, were of little weight and ought to fall to the ground.THE EVIDENCE**Lucy Williams:** I know Alexander Whistelo. Two years ago this August, I first saw him. He then told me he was a married man, divorced

Here is the translated text as follows:570X. AMERICAN STATE TRIALS.Dr. Hosack: From the appearance of the father, the mother, and the child, and the laws of nature which I have uniformly observed in such cases, I certainly would not take it for the child of a black man; I would say it was that of a white one, or at most of a very fair mulatto.Mr. Vanhook: Has it not some of the features of a negro? If its features, in my judgment, were those of a negro, I should not have given the opinion I did. Dr. Hosack, might

Here is the translated text as follows:ALEXANDER WHISTELO571The black man, Whistelo, took the child, but at the same time said it was not his.**Dr. De Witt:** Have no doubt it is the child of a white man.**Adam Ray (a black):** Knew of Whistelo having taken the child to board, and of the mother having it carried away; asked her reasons for taking it back, and her answer was that since he would not own the child at first, he should not have it now, for it was not his.**Nancy Cook:** Lived with the witness six weeks; cannot say as to

Here is the translated text as follows:572X. AMERICAN STATE TRIALS.There are three distinct effects that can be observed when a constitutional change manifests itself in the skin of a black, white, or other variety of color. First, when the cause or agency manifests its power by frizzling or curling the hair or feathers, this is termed crispation. Second, when the same constitutional change shows itself by a loss of hair or plumage so as to leave a naked skin, it is called peeling. Of these three effects, the last occurs but seldom; the second pretty often; and the first is

Here is the translated text as follows:ALEXANDER WHISTELO573I take this to be an exception; for if I have no knowledge of any matters which go positively to contradict the woman's testimony, I should naturally lean towards it. Do you consider this case as having any affinity with what is called albinism? I have not much experience on the subject of albinos, as my residence has been chiefly in New York, where such accidents rarely occur. But I have known instances of negroes turning white where there was no symptom of disease or sickness.Mr. Morton: Have the goodness, doctor, to relate

Here is the translated text as follows:574 X. AMERICAN STATE TRIALS**Mr. Sampson:** Was there not some other case which you mentioned before the police office?I mentioned somewhat jocularly the loves of Theagines and Chariclea. Chariclea was a beautiful and fair virgin, of Ethiopian parents. Her whiteness was occasioned by her looking at a statue of Venus.**The Mayor:** About what time, doctor, might that have happened?The work is written by a Christian bishop, Heliodorus, who wrote about the fourth century. It was the first novel I ever read, and it made a great impression on me.**Mr. Sampson:** As to those cases

Here is the translated text as follows:ALEXANDER WHISTELO575Alexander Whistelo followed the profession of an attorney, or a scrivener, who had a very amorous wife. However, he did not have the leisure to attend to all her gaieties. Once, unable to free himself from her importunities in any other way, he upset his ink bottle into her shoes while toying with her. She subsequently bore him a black child. He reproached her, but she reminded him of the ink bottle and his awkwardness. There is also the story told by Malebranche of the woman who saw a man broken on the

Here is the translated text as follows:576X. AMERICAN STATE TRIALS.Direct and cross-examination meant only an indirect examination. The ignorant, who take things in the wrong sense, often show ill-humor and put themselves in an attitude to be cross, because they are to be cross-examined. With the candid and enlightened, it proves often an agreeable mode of discussion, and is particularly so to our profession, when it gives us occasion to extract from those of superior learning, knowledge, which we might not otherwise have the means of acquiring.Mr. Sampson: What do you think, doctor, of the opinions of Plato, touching the

Here is the translated text as follows:ALEXANDER WHISTELOB77The other side will not fail to avail himself of your opinions to the utmost extent, perhaps beyond your intention. I wish, therefore, by taking your opinion touching the probability of other facts, to find what degree of belief you attach to the present, and by establishing a standard of faith, fix a boundary line between us; and also to discover, if possible, how much light learned opinions may throw upon this cause.Dr. Mitch: Some years ago there was a machine invented, called a light gauge or photometer, which was to measure the

Here is the translated text as follows:578X. AMERICAN STATE TRIALS.Some children will be witty. Some do have a great deal of wit, but I don’t know how they come by it. Do you think, doctor, as the counsel on the other side does, that a pistol is an instrument of much efficacy in generation? On the contrary, sir, a pistol is generally used to take away life. There is what is called the cannon de la vie. Do you mean that? Of what color may that be, doctor? It may be black or white. Which of the two would be

Here is the translated text as follows:ALEXANDER WHISTELO579There is a general rule; for instance, wherever the complexion partakes more of the white than from the known parentage, it should be expected, then it would be found that in some other of those indications there will be a preponderance the other way. One example out of many I had noticed was the French general, Rigand. He was the son of a white man, a relation of mine, by a black woman. He was so dark as to differ little from the true African complexion; but in return for that, he had

Here is the translated text as follows:580 X. AMERICAN STATE TRIALS.The white man, because of the matter, I have found the old fighting; it would be good to see practice good enough for me, whether the pistol-barrel could end. Have I made no experiments? Have I got it? Then, sir, you must inquire elsewhere touching that in the way you allude to.THE SPEECHES TO THE JURY.Mr. Morton addressed the Court, premising that it was his intention to be very brief and to confine himself entirely to the positive testimony and the inferences of law which it furnished, and leave to

Here is the translated text as follows:ALEXANDER WHISTELO - 581It has been only one month from the time she swears to his having gotten her with child. All the physicians agree that the symptom of pregnancy does not take place in less than three months, and that it is more commonly four. She has also positively contradicted upon one examination under oath what she positively swore upon another. At the police office, she said she had no connection with the white man—before this Court, she has acknowledged that she had.There is at least as much reason to charge the white

Here is the translated text as follows:582 X, AMERICAN STATE TRIALS.Enough evidence has been presented to discredit her. What she said at the police station is of little importance, being easily reconcilable with what she has sworn here. She said she had no connection with a white man, meaning no such connection as could produce a child; and she admitted before the same magistrates, on the same occasion, that she had a struggle with one, and that he tore her petticoat. If she did not say the whole of this when under oath, at the time her depositions were written

Here is the translated text as follows:ALEXANDER WHISTELO. 583Lastly, the woman's testimony serves to support the supposition that the influence of fear or surprise, and the sudden appearance of the white man armed with a pistol, combined with the ensuing struggle and the irritation it produced, all contributed to the change that occurred.Although she is an unfortunate woman and the mother of an illegitimate child, let me reiterate that her evidence is meritorious here. It helps to relieve the community from the burden of supporting a bastard and justly assigns the responsibility of maintenance to the man who begot it.

Here is the translated text as follows:584 X. AMERICAN STATE TRIALS,The first wonder is that the child, though black, is not of the color of the mother, nor yet of the African—but strange to tell, of the most degenerate white.The second wonder is that the greatest of these wonders, she remained, as the counsel for the Almshouse charitably testifies, a lady of virtue and unblemished credit!I had heard of a sect that trusted more to faith than to good works. The counsel, it appears, is of that sect when he asks this honorable Court to put its hand and seal

Here is the translated text as follows:ALEXANDER WHISTELO, 585Some prefer the darkness rather than the light, though we do not know why.It is said that her evidence was meritorious and beneficial to the community, charitable, and advantageous to the Almshouse. I have never before heard of such pious and patriotic fornication.If she was inclined to perjure herself, would she not have attributed the child to the richest father as well as to the fairest?Perhaps not. Perhaps she wished to establish a partnership according to the custom of merchants, long used and approved within this city, to make one a sleeping

Here is the translated text as follows:586 X, AMERICAN STATE TRIALS,If it would be any satisfaction to him, we will retract that saying. We will admit that there was first and second fiddle and bass accompaniment. But as he is himself the leader of the band, he ought not to complain of the effect.After breaking a lance upon my colleague in the honor of this daughter of Eve, he attacks the doctors en masse. "What do they know," he says, "more than other men?" But that is not all; he goes farther and levels a shaft at your Honors on

Here is the translated text as follows:ALEXANDER WHISTELO. 587Sport is a quit rent which the learned owe to us small wits; it is an indemnity for the shade they cast upon us, and we seize upon it by the title of amends. I do very much respect the witness and admire his learning and his candor; but when I think of the odd excursion we have made to discover the parentage of this child of nature, I must either laugh or die of it.If a witness was wanted with a mind well stored with facts, he stands unequalled. His is

Here is the translated text as follows:588 X. AMERICAN STATE TRIALS.We passed on to Aristotle; but with all his form and substance, his matter and motion, his cause and effect, he could not inform us how, without violating probability, the black man could get the white child. Therefore, as we gained no light, we had no need of any photometer to measure how much. Fearing to trust myself longer in the dark, I passed on to the next topic, recollecting an old maxim:*Desperas tractata nitescere posse relinquas.*But I had the consolation to think that for all that had yet passed

Here is the translated text as follows:ALEXANDER WHISTELO. 589It is suggested that the Calipoedia, or the art of begetting beautiful children, as well as the art of procreating males or females, may be taught by affecting the imagination of the male parent. The theory posits that the delicate extremities of the seminal glands irritate the organs of sense, either of sight or of touch. The art is recommended very seriously to those who are interested in the procreation of male and female children. It is observed that the phalli, which were hung around the necks of Roman ladies or worn

Here is the translated text as follows:590 X. AMERICAN STATE TRIALS.Who made it black, and not rather be taken to be his who made it white? Even upon legal principles, such an act of ownership exercised by a man over the child of another, as bleaching him without authority, entitles him, whose child was so bleached against his consent, to abandon altogether to the wrongdoer, and to throw the child upon his hands. Certainly, if such a principle be established, as that white men can father their children upon negro fathers, it will very much advance industry, and encourage many

Here is the translated text as follows:ALEXANDER WHISTELO. 591As for whether it was a dancing master, I would not undertake to say: it was, however, a merry-begotten devil, and probably a dancing one; and it is not impossible that it might have been one of those that tempted Saint Anthony. It is said that twenty thousand of these devils could dance a saraband upon the point of a cambric needle without incommoding each other.That the learned sometimes account for things quite differently from the rest of mankind will appear from the sequel of the story of the lady of Milan

Here is the translated text as follows:592 X, AMERICAN STATE TRIALS.According to Censorinus, supported by the single argument of an egg, the ancients argued that no egg could be produced without a bird, and no bird without an egg. As it could never be shown which was first formed, it followed that the world had no beginning. We might have shown, upon the authority of Aristophanes, how the world was produced by divine love, and divine love from the egg of night, hatched by chaos. If we had been prepared to go into eternity, there would have been a range!

Here is the translated text as follows:ALEXANDER WHISTELO. 593Doctor Mitchill observed a full-grown man in the very act of metamorphosis, a sight that one would think could not be influenced at that stage by any affection of his mother to change his color. This fact remains to be accounted for on some newer principle. I once knew a Mr. Perey, a composer and singing master who taught in my family. In the fullness of his heart, he confessed one day that he had been credulous enough to throw away a guinea per visit for several months to a quack who

Here is the translated text as follows:594 2%, AMERICAN STATE TRIALS.Harlequins playing about! But for the ignorance of our fathers, we might have been burnished like game cocks, and had wives like birds of paradise, and daughters like cockatoos. Now and then, those that love curiosities might have a little monster, and for those who think two heads better than one, it would be quite easy to frighten the mother out of a child with two heads.Let not the learned witness complain that we treat his opinions lightly; the greatest philosophers in the universe have been thought, upon some particular

Here is the translated text as follows:ALEXANDER WHISTELO, 595A Prussian soldier was detected taking certain jewels and corporal ornaments from the image of the Virgin Mary, and boldly asserted that she gave them to him. The case was novel, and a counsel of prelates and other learned men was convened, who, not averse to miracles, adjudged the thing possible. Frederick the Great understood the trap and suffered the soldier to be discharged; but the next day it was proclaimed that on pain of death, none should thereafter take advantage of the generosity of the Virgin Mary. Now let it be

Here is the translated text as follows:596 X. AMERICAN STATE TRIALS.She was with a black man in a bad house, and he worried her out and had a connection with her. Very good. Shortly afterwards, she scuffled, or fought, as she termed it, with a white man, and knocked off his hat, but he afterwards came to bed with his hat, and had a connection with her. Did you cry out? No, sir. What then did you do? I bade him be quiet! Well! Where is the difference, except in this, that the white man had no hat upon his

Here is the translated text as follows:ALEXANDER WHISTELO. 597In etiquette—but not in reality. "Montague's men are always thrust from the wall, and their women to the wall." Can we believe that the white watch made the black watch turn out, merely for the sake of a warm hammock? If that be so, I can only say, "delicate pleasures to susceptible minds!"But that is not the argument. The woman herself says that there were no young ones that time, because they fought all the time. If they fought, what more is wanted? One of the counsel asked whether many races of

Here is the translated text as follows:598. AMERICAN STATE TRIALS.There remains but one topic of the evidence to discuss. Cases have been related and assented to by Doctor Mitchill, that where there has been a rapid succession of intercourse between a white and a black man, twins have been born, each resembling the respective incumbent to whom he owes his origin. Upon this ground, we are at length enabled to make a proposition which will meet the justice of the case, and of course, the approbation of the Court. It appears here that there has been a rapid succession of