Leo Frank TV

Here is the translated text as follows:In the case of the United States, the statute was challenged but ultimately deemed constitutional by the courts, and their decision was accepted.I came across a report of a case, Kamper v. Hawkins, decided in 1793 in the general court of this commonwealth. The case concerned the constitutionality of a law that granted district courts the power to issue injunctions in certain situations. The judges of the general court, by a four-to-one decision, determined that the law was unconstitutional and void.Yesterday, I reviewed the record of another case from the Court of Appeals of

Here is the translated text as follows:If this exposition of this solemn obligation is substantially correct, I cannot believe that any person with the same understanding of it will maintain that a petit jury can rightfully exercise the power granted by the Constitution to the Federal judiciary.From these considerations, I draw the conclusion that the judicial power of the United States is the only proper and competent authority to decide whether any statute made by Congress (or any of the state legislatures) is contrary to, or in violation of, the Federal Constitution.This was the opinion of the Senate and House

Here is the translated text as follows:Among other things, it is declared that the Constitution shall be the supreme law of the land. By the third article, it is established that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish; and that the judicial power shall extend to all cases in law and equity, arising under the Constitution and laws of the United States."Among the cases which may arise under the Constitution are all the restrictions on the authority of

Here is the translated text as follows:The effects of the exercise of this power by petit jurors may be readily conceived. It appears to me that the right now claimed has a direct tendency to dissolve the Union of the United States, on which, under Divine Providence, our political safety, happiness, and prosperity depend.No citizen of knowledge and information, unless under the influence of passion or prejudice, will believe, without very strong and indubitable proof, that Congress will intentionally make any law in violation of the Federal Constitution and their sacred trust. I admit that the Constitution contemplates that Congress

Here is the translated text as follows:If anyone can be so weak in intellect as to entertain this opinion of Congress, they must give up the exercise of the power when informed that Congress had no authority to vest it in any body whatsoever. This is because, as I will hereafter show, the Constitution expressly grants this right to the judicial power of the United States, and it is recognized by Congress through a perpetual statute. If the statute were to be held void by a jury, it would seem that they could not claim a right to such a

Here is the translated text as follows:In the case before them, the jury's role is to determine the facts and not to decide whether a statute of the United States is a law or whether it is void based on the opinion that it is unconstitutional, meaning contrary to the Constitution of the United States. I acknowledge that the jury must compare the statute with the facts presented and then decide whether the actions taken are prohibited by the law and whether they constitute the offense described in the indictment. This power is necessarily possessed by the jury to enable

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

Here is the translated text as follows:JAMES THOMPSON CALLENDERI wish to interrupt them improperly; there was no occasion to be captious, and concluded thus, "Act as you please, sir."Judge Chase, I will assign my reasons why I will not permit the counsel for the traverser to offer arguments to the jury, urging them to do what the Constitution and law of this country will not permit. If I should allow it, I would, in my judgment, violate my duty, disregard the Constitution and law, and surrender the judicial power of the United States—that is, the power entrusted by the Constitution

Here is the translated text as follows:866 X. AMERICAN STATE TRIALSYour Honor, the arguments I shall present are directed to the court, not intended for the jury or the numerous audience present. This decision holds significant importance; much of the public happiness, peace, and liberty depend on the final verdict pronounced on this matter. Initially, I had doubts, but a calm and dispassionate inquiry, along with the most temperate investigation and reflection, has led me to believe and assert that the jury has the right to determine every question necessary before a sentence can be pronounced upon the defendant.I contend

Here is the translated text as follows:JAMES THOMPSON CALLENDERAccording to the dictates of conscience and the laws of the country, controlling them would endanger the right of this most invaluable mode of trial.I have understood that some reliance would be placed on two decisions of the courts of this State, in which they determined two acts of our legislature to be unconstitutional. However, when we analyze these decisions, they do not authorize the belief that the jury lacks the right I contend for. They only prove that the judiciary can declare legislative acts to be unconstitutional; they do not prove

Here is the translated text as follows:As challenging as the task may be, I shall offer a few observations to show that they have this right. I intend to defend Mr. Callender by establishing two points.First, a law contrary to the Constitution is void. Second, the jury has the right to consider both the law and the facts. It seems to be universally acknowledged that when the legislature exercises a power not granted by the Constitution, the judiciary will disregard their acts. The second point, that the jury has the right to decide the law and the facts, appears equally

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe question of whether a petit jury has the right to decide on the constitutionality of a law is one that I have deliberately considered. I am ready to explain my reasons for concluding that the jury does not possess this right and that granting such power would be extremely dangerous. Hear my words: I wish the world to know them—my opinion is the result of mature reflection.Mr. Wirt: I shall state to the court, in a few words, the reasons which have led me to attribute this right to the jury.

Here is the translated text as follows:In the case of American State Trials, the question arises whether juries have the right to determine both the law and the facts. In Virginia, an act of the assembly has adopted the common law of England; therefore, this common law possesses all the authority of a legislative act within the state. According to an act of Congress, the rules of proceedings in the Federal courts in various states are directed to conform to the rules of the states in which such courts may be in session. By that act of Congress, it is

Here is the translated text as follows:JAMES THOMPSON CALLENDEROther testimony, however irregular or improper, might also be admitted. Particularly, it would be a departure from the universal principle of law, which requires the production of the best testimony that the nature of every case admits. The journals and records of Congress are the best evidence of what votes have been given on any subject discussed before that body.John Chase, Mr. Nelson: Being very much pressed by the young gentlemen who defend the traverser to admit this testimony, I was going to recommend that you permit those questions to be put

Here is the translated text as follows:In the opinion given by the court, I understand that evidence cannot be produced by the traverser to prove the truth of only a part of a charge. However, if evidence could be adduced to prove the entire charge, then such evidence would be admissible. One specific charge is twofold: that the President is an aristocrat and that he proved serviceable to British interests.We believe the evidence will support this charge. We wish to prove the truth of the entire charge if we can, though I am not certain it is within our power.

Here is the translated text as follows:JAMES THOMPSON CALLENDERGranting you a writ of error in the Supreme Court is on these grounds that I reject the evidence of the gentleman. The very argument assigned by the young gentleman who spoke last has convinced my mind that I am right. The offered testimony has no direct and proper application to the issue; it would deceive and mislead the jury. An argumentative justification of a trivial, unimportant part of a libel would be urged before a jury as a substantial vindication of the whole. By misleading the jury under such legal testimony,

Here is the translated text as follows:858 &X. AMERICAN STATE TRIALS.The questions intended to be put, and which were propounded by Mr. Nicholas, declared Colonel Taylor’s evidence to be inadmissible. No evidence, he said, is admissible that does not justify the whole charge. The charge you mean to justify by this witness, as I understand you, is that the President is a professed aristocrat and that he has proved serviceable to the British interest. You must prove both these points, or you prove nothing. Now, as you do not attempt to prove the whole of one specific charge, but only

Here is the translated text as follows:JAMES THOMPSON CALLENDER**Judge Chase:** I desire to know what you intend to prove by the witness.**Mr. Hay:** We intend to examine Colonel Taylor to prove that he had avowed principles in his presence which justified Mr. Callender in saying that the President was an aristocrat. He had voted against the sequestration law and the resolutions concerning the suspension of commercial intercourse with Great Britain, by which he defeated every effort of those who were in favor of those beneficial measures that were well calculated to promote the happiness of their country.**Judge Chase:** You must

Here is the translated text as follows:856 & AMERICAN STATE TRIALSThe second question will decide whether your hearts are at ease, whether your passions are untouched, and whether your feelings are unaffected now that you have fully heard the charge. You know best. It remains only for me, gentlemen of the jury, to call upon you, in the name of your country, whose interests you are to defend while you protect the rights of the individual. I call upon you in the name of your God, a portion of whose justice you are about to administer, and on your oaths,

Here is the translated text as follows:JAMES THOMPSON CALLENDERJoint publisher with himself, and another witness declared that he explained the meaning of a certain term, supposed to be ambiguous in its application. Is it possible to entertain any doubt? Thus stands the evidence as to the publication.It will be proper for me, gentlemen of the jury, to state to you what constitutes a publication in point of law, as it pertains to writing or printing. The direct or indirect circulation or emission of a libel is considered a publication thereof, in law and in fact, and this has never been

Here is the translated text as follows:They sold them for his benefit, and he received the money. When it has been proven that he received the money from one purchaser himself and that he paid for printing part of it—that part of the manuscript is in his own handwriting—can there be any doubt? In addition to this, one witness declares that he knew him to be involved with the blood of the poor, friendless Connecticut sailor. I see the tear of indignation starting on your cheeks. You anticipate the name of John Adams.1. Every feature in the conduct of Mr.

Here is the translated text as follows:James Thompson CallenderIf no doubt remains on this point, the question first in order to be examined is decided. Whether there is room for doubt, a summary review of the testimony will ascertain. Can there be a doubt—when all the witnesses have concurred in establishing this one point—that James Thompson Callender corrected the proof sheets? Can there be a doubt when those who sold the copies of the book have all said that?As president, he has never opened his lips nor lifted his pen without threatening or scolding. The grand object of his administration

Here is the translated text as follows:Whether this libel was published by the traverser, it will be useless for me to address him. If there is a man who doubts on that point, his mind must be impervious to the traits of truth; his mind must be panoplied over with doubt and skepticism.The blockade was one issue, and the other was to redeem the prisoners whose deliverance he had prevented some years before. On this occasion, Mr. Washington displayed the same lack of wisdom and economy that marks almost every other part of his administration.Pages 47 and 48: "The first

Here is the translated text as follows:JAMES THOMPSON CALLENDERMr. Nelson, although the paper is long and complicated, the testimony is not so. The testimony, as I stated to you before, is concise, plain, and correct. If there be a man who, now that he has heard that testimony, entertains a doubt......almost any which the old confederation ever endured. The tardiness and timidity of Mr. Washington were succeeded by the indolence of Adams.Idem: "Under the old confederation, matters never were, nor could have been conducted so wretchedly as they actually are, and have been under the successive monarchs of Braintree and

Here is the translated text as follows:850° X. American State TrialsThe title must be copied in the indictment verbatim et literatim. I wonder you did not add et punctuation also. There is no real variance, and there is an end to the objection. You are mistaken. I pronounce this to be the law, and I shall instruct the jury that they may find the traverser guilty of part of the charges and acquit him of those not proved.It is not necessary for the attorney for the United States to make any reply, as there is no good reason to exclude

Here is the translated text as follows:The purpose of requiring that the charge against a defendant be explicit is to ensure that the defendant can clearly comprehend it and be prepared to make a defense. It is not necessary for this purpose to recite the name of the libel. The charge against the defendant is very explicit, and he understands it well and is prepared to defend it. However, it is no criticism of his counsel that they argue this point in his favor.You further argue, on the supposition that if a subsequent prosecution were to be instituted for the

Here is the translated text as follows:President of the United States, and to bring him into contempt and disrepute, and to excite the hatred of the good people of the United States against him, did wickedly and maliciously write, print, utter, and publish a false, scandalous, and malicious writing against the President of the United States, of the tenor and effect following, that is to say: "The reign of Mr. Adams has hitherto been one continued tempest, etc."Now, what is the law? The act of Congress provides, among other things, that "if any person shall write, print, utter, or publish,

Here is the translated text as follows:JAMES THOMPSON CALLENDERJudge Chase requested Mr. Hay to point out the specific parts of the authorities he referred to, on which he relied to establish his doctrine.Mr. Hay responded, "If the court will have a little patience, I will find the places."Judge Chase replied, "I will have a great deal."Mr. Hay continued, "The authorities I rely on are Hawkins’ Pleas of the Crown and Salkeld’s Reports, page 660. In this last book, it is adjudged that when an indictment uses the words 'secundum tenorem et effectum,' it binds the prosecutor to a literal recital;

Here is the translated text as follows:In the case of American State Trials, if the charge is not accurately specified, it becomes impossible for the defendant to properly defend themselves. Evidence pertaining to either case might be presented in support of this indictment.Had the indictment charged him with publishing a book entitled "The Prospect Before Us," he would have known with absolute certainty and clarity (by the copy provided to him) what was meant to be proved against him and what was necessary for him to prove in his own defense. As this is not the case, and since he

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 845A prosecution by information was initiated against the Chevalier De Ou for publishing a libel against the Count de Guerehy, ambassador from France. The prosecution commenced in the Court of King's Bench. The information states the title and the name of the libel fully and literally, as it was published in French, and then provides the translation in English at full length. I present these cases to demonstrate what the practice is; and it is an observation of one of the best judges who ever sat in the King's Bench, Lord

Here is the translated text as follows:My stating to the court the reasons which have led me to this conclusion may subject me to the imputation which has more than once fallen from the bench. It has been the pleasure of the court to observe that the defense has been conceived and continued in error. What I am about to say will not, perhaps, induce the court to change that opinion. It is with great diffidence that I address the court on a subject which I have not had sufficient leisure to investigate. If, unfortunately, my conception of this law

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe handwriting of Mr. Callender has been verified. I have seen Mr. Callender write; he once took the debates in the House of Assembly for me.(The book and manuscript sheets were compared and found to correspond.)**Meriwether Jones**: I had never read the book until after the presentment was made, except for a few passages, and perhaps about thirty-three pages. Not a word of it was printed at my office, though I sold some of the copies for the benefit of Mr. Callender. I only possessed one copy, which I found where Mr.

Here is the translated text as follows:AMERICAN STATE TRIALSThe court would like to make it known to those who are in any way implicated that they are not obligated to incriminate themselves. They may withhold any part of their evidence that has a tendency to incriminate them if they think it proper.**Judge Chase:** This is correct. Every person involved in the publication is protected by law from being compelled to incriminate themselves. However, I suppose if any of them provide evidence, the Government of the United States is pledged not to initiate a prosecution against them. They can be assured

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 841Consider the hatred of the good people of the United States towards him. It will be for you, gentlemen of the jury, in this case, to determine whether the traverser has, or has not, been the publisher of this paper. Once this point is ascertained, it will be for you to consider with what intent and for what purpose a paper like this has been composed and published.If you believe it to be a candid and fair discussion of constitutional subjects, real grievances, or political opinions and principles generally, you will

Here is the translated text as follows:American State TrialsEfforts for provoking a French war. And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: "For although Mr. Adams were to make a treaty with France, yet such is the grossness of his prejudice, and so great is the violence of his passions that under his administration, America would be in constant danger of a second quarrel."Also, the false, scandalous, and malicious words of the tenor and effect following, that is to say: "When a chief magistrate is both in his speeches and

Here is the translated text as follows:JAMES THOMPSON CALLENDERUnited States] to plunge his country into the most expensive and ruinous establishments. In the first two years of his presidency, he has contrived pretenses to double the annual expenses of government by useless fleets, armies, sinecures, and jobs of every possible description.And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: “By sending these ambassadors to Paris, Mr. Adams and his British faction, designed to do nothing but mischief."And also the false, scandalous, and malicious words of the tenor and effect following, that

Here is the translated text as follows:838 X. AMERICAN STATE TRIALSObscurity or shine in want, ask Mr. Adams (meaning the said President of the United States) whether it was proper to heap so many myriads of dollars upon William Smith, a paper jobber, who next to Hamilton and himself (meaning the said President of the United States) is perhaps the most detested character on the continent (meaning the United States of America).And also the false, scandalous, and malicious words of the tenor and effect following: "You (meaning the people of the United States) will then take your choice between innocence

Here is the translated text as follows:James Thompson Callender, in the pursuit of defaming the President of the United States and intending to bring him into contempt and disrepute, sought to incite hatred among the good people against him. Within the district and jurisdiction of this court, he wickedly and maliciously caused, or procured, the printing and publishing of a false, scandalous, and malicious writing against the President of the United States. The content of this writing was as follows:"The reign of Mr. Adams (meaning John Adams, Esquire, President of the United States) has hitherto been one continual tempest of

Here is the translated text as follows:President of the United States, with his (meaning the said President) twenty-five thousand dollars a year, with the petty parade of his (meaning the said President) birthday, with the importance of his (meaning the said President) name sticking in every other page of the statute book. Alas! he (meaning the said President of the United States) is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, with Kentucky holding him (meaning the said President) in defiance, having renounced all his original

Here is the translated text as follows:JAMES THOMPSON CALLENDERThere is distinct and additional evidence that he was determined, at all events, to embroil this country with France. Furthermore, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "Mr. Adams" (meaning the said President of the United States) "has only completed the scene of ignominy which Mr. Washington began."Additionally, the false, scandalous, and malicious words of the tenor and effect following, that is to say, "This last presidential" (meaning the said President of the United States) "felony will be buried by Congress in the

Here is the translated text as follows:The text accuses the President of the United States of converting to a presidential system that leads to a French war, an American navy, a large standing army, an additional load of taxes, and all other symptoms and consequences of debt and despotism. It also includes false, scandalous, and malicious words suggesting that "the same system of persecution has been extended all over the continent, and every person holding an office must either quit it or think and vote exactly with Mr. Adams," referring to the President of the United States.Furthermore, it accuses Mr.

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe book was published with the charges that were false, scandalous, and malicious, and it was claimed that they were written with the intent to defame. It was stated that if he could prove the charges, he must be acquitted. The same question, "whether they had formed and delivered an opinion on the charges against the traverser," was put by the judge to eight of the other jurymen successively before they were sworn in chief, and they all answered in the negative.Mr. Hoy said that it was unnecessary to put this question

Here is the translated text as follows:The first juror was sworn in, and the Judge put the following question to him: "Have you ever formed and delivered an opinion upon the charges contained in the indictment?" The juror answered that he had never seen the indictment nor heard it read. The Judge then said he must be sworn in chief.Mr. Hay asked for permission to put a question to the juror before he was sworn in chief.The Judge wanted to know what sort of question Mr. Hay intended to ask and told him he must first hear the question. If

Here is the translated text as follows:JAMES THOMPSON CALLENDEROn the second trial, every juryman was called to say whether he had formed any opinion on the subject or not.Judge Chase: My interpretation of the law is quite the contrary. I have always seen triers sworn to decide these questions. How is this done in your country? Challenges for favor must be decided by triers. I suppose there must be triers sworn.Mr. Nicholas: I believe the books lay down this distinction. Challenges to the array are either principal challenges or challenges for favor. Causes for principal challenges are always tried by

Here is the translated text as follows:The counsel are unprepared to defend the traverser. You show yourselves to be men of ability, and there is no difficulty in the cause; but you say that you are not ready to discuss the difference between fact and opinion. You argue that the charges in the indictment are merely opinions and not facts falsely asserted. Must there be a departure from common sense to find a construction favorable to the traverser? This construction admits the publication but denies its criminality.If the traverser certainly published that defamatory paper, read it and consider it. Can

Here is the translated text as follows:JAMES THOMPSON CALLENDERIt is crucial to demonstrate that the decision is right; for if the defendant is found guilty when his witnesses are absent and counsel unprepared, the verdict will not satisfy the public mind of his guilt.Jvupez CaseIt is wholly improper to revisit the former motion. Gentlemen, you misapprehend the intention of the court in postponing the case until today—you ought to confine yourselves to the present motion. Two reasons are given for postponing the trial: first, that Mr. Giles is absent, and it is inferred that the court, by not ruling a

Here is the translated text as follows:828 X, AMERICAN STATE TRIALSThe defendant wished that the executive had the power to control the public will.This testimony, when compared with the President's records, will substantiate the charges in the book written by Mr. Callender. It strongly supports the charges in dispute and directly addresses the part of the indictment where the President is accused of being a professed aristocrat. It has been stated that, although there are nineteen charges in the indictment against the defendant, even if we prove eighteen of them to be true, he must still be found guilty because

Here is the translated text as follows:JAMES THOMPSON CALLENDERDifferent political opinions, furnished with the same materials of information, would form conclusions diametrically opposite. Let them take for their guide the vindication of the Constitution of the United States. Many were perfectly satisfied that the President of the United States, instead of approving the Federal Constitution, was of the opinion that a government composed of an hereditary chief magistrate, a Senate, and a House of Commons or representatives chosen by the people, was better calculated than any other to secure the liberties and promote the happiness of the people. I will

Here is the translated text as follows:826 X. AMERICAN STATE TRIALSWhen one accused another of being a thief, the accuser could support the charge by proving that the accused had taken property secretly, without the consent or knowledge of the owner. Regarding evidence in such a matter, all people of common understanding would form the same opinion. However, what kind of evidence would be necessary to prove the initial words of the indictment, that the reign of Mr. Adams had been one continuous tempest of malignant passions? The circumstances to which the writer might allude, and which convinced him that

Here is the translated text as follows:James Thompson CallenderThe second section of the sedition law made falsehood, as well as scandal and malice, an essential part of every libel. By the last sentence, the party accused is allowed to show in his justification the truth of the matter charged to be libelous.He would not pretend to say definitively what ought to be the construction of that law. However, the opinion he had been able to form after a very short consideration of the subject was that the object of the law was to punish a man not for abuse nor

Here is the translated text as follows:The Court had declared the evidence of Mr. Giles to be material, not only in express terms but also by a partial postponement, implying that the trial should not proceed until his personal attendance could be secured.Mr. Hay then requested the Court's attention to additional reasons that convinced him the motion should be granted. The laws and customs of the State of Virginia supported the motion. In this state, when an indictment for misdemeanor is found, the party is not immediately arrested and brought into court; instead, a summons is issued, returnable to the

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 823James Thompson Callender claims that he can prove, through William B. Giles, that the President of the United States has expressed in conversation with him a sentiment to the effect that he believed the executive department of the United States ought to be vested with the power to direct and control the public will.He believes he will be able to prove, through General Blackburn, that he received an address from John Adams, President of the United States, in response to the field officers of Bath County. In this address, the President

Here is the translated text as follows:Mr. Nickolas presented an affidavit made by the prisoner and moved for a continuance. The affidavit alleged that the following persons are material witnesses in his defense: William Gardner of Portsmouth; Tench Coxe of Philadelphia; Judge Bee of South Carolina; Timothy Pickering, late of Philadelphia; William B. Giles of the County of Amelia; and Gen. Blackburn of the County of Bath.He expects to prove by William Gardner that he was the Commissioner of Loans for the State of New Hampshire under the government of the United States and that he was removed from the

Here is the translated text as follows:JAMES THOMPSON CALLENDER, 821Twenty-five thousand dollars a year, with the petty parade of his birthday, with the importance of his name sticking in every other page of the statute book. Alas! he is not an object of envy, but of compassion and horror. With Connecticut more than half undeceived, with Pennsylvania disgusted, with Virginia alarmed, and with Kentucky holding him in defiance, having renounced all his original principles and affronted all his honest friends, he cannot enjoy the sweet slumbers of innocence. He cannot hope to feel the most exquisitely delightful sensation that ever

Here is the translated text as follows:The same system of persecution has been extended all over the continent. Every person holding an office must either quit it or think and vote exactly with Mr. Adams. Adams and Washington have since been shaping a series of these paper jobbers into judges and ambassadors, as their whole courage lies in a lack of shame. These poltroons, without risking a manly and intelligible defense of their own measures, raise an affected yelp against the corruption of the French Directory, as if any corruption could be more venal, more notorious, or more execrated than

Here is the translated text as follows:JAMES THOMPSON CALLENDERJames Thompson Callender was fined two hundred dollars and required to find sureties for good behavior for a period of two years.Five years later, Chase was impeached before the Senate of the United States for oppressive and vexatious conduct during the trial and indecent solicitude for the conviction of the accused.THE TRIALIn the United States Circuit Court, District of Virginia, Richmond, June 1800.Hon. Samuel Chase and Hon. Cyrus Griffin, Judges.On May 28, James Thompson Callender was indicted under the Sedition Law by a grand jury for a seditious libel upon John Adams,

Here is the translated text as follows:818 X. AMERICAN STATE TRIALSThe defense attempted to take advantage of the existing prejudice against the Sedition Law. However, when Mr. Wirt began to argue against the constitutionality of the law, Judge Chase ordered him to his seat, and he quietly obeyed."Hear my words!" shouted the Judge. "I wish the world to know them! My opinion is the result of mature deliberation!"No sooner had Chase concluded his pompous proclamation than Mr. Wirt once more turned to the jury. Quoting directly from the third section of the Sedition Act, which provided that the jury "should

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe prosecution, having established that the prisoner was the author of "The Prospect Before Us," introduced the entire pamphlet as evidence. The defense protested, arguing that only the sections cited in the indictment should be considered by the jury. This was especially pertinent given the court's decision that the jurors were only concerned with the specific offense charged in the official documents and should not be influenced by any prejudices against the pamphlet as a whole. However, the judge countered that the prisoner was on trial for writing "The Prospect Before Us"

Here is the translated text as follows:Then Chase grew angry and, as he would have said, took the lawyers in hand. When Mr. Hay argued that Giles' evidence would help determine whether Callender's pamphlet consisted of libelous statements or merely questions of opinion—matters that the jury would need to consider when assessing the fine—Chase thundered, "That is a wild notion; it is not the law," and ordered the jury to be empaneled and the trial to proceed.Mr. Nicholas challenged the entire panel of jurors, but he was flouted and routed with a finality that not only overruled his objections but

Here is the translated text as follows:JAMES THOMPSON CALLENDERThe reckless conduct of Judge Chase in the courtroom can only be explained by his awareness that it was to be a struggle to the death between himself and the distinguished lawyers Virginia had sent against him: Edmund Randolph, George Hay, William Wirt, and Philip Nicholas.The indictment made no mention of the book "The Prospect Before Us." Instead, a few sentences, by no means the bitterest that could be found, were chosen as the basis of the case. Callender wrote that the reign of Mr. Adams had been one continuous tempest of

Here is the translated text as follows:James Callender was a notorious literary hack, whose scurrilous pen was at the service of the highest bidder. To read his book, "The Prospect Before Us," and claim the writer was not guilty of sedition was impossible. However, what became of Callender was of little consequence, as everyone knew the real contest would be between the Republican lawyers of the Virginia bar and Judge Samuel Chase. Chase was the most reckless, partisan, and fearless judge on the bench of the Circuit Court.Long before the trial opened, statements were made and sworn to that Chase

Here is the translated text as follows:The Trial of James Thompson Callender for Seditious Libel, Richmond, Virginia, 1800The NarrativeThis was the last of the great trials under the Federal Sedition Act and the most celebrated. The libel was directed against the President of the United States, and the tempest which the trial excited, as Dr. Wharton notes, can now hardly be understood. Virginia had joined Kentucky in declaring the law void within her borders, viewing it as a menace to the freedom of the press and a breach of the liberties guaranteed by the Constitution. There was no popular sympathy

Here is the translated text as follows:B12 X. AMERICAN STATE TRIALSI have hitherto neither accepted nor rejected the offers. If the court imposes a fine beyond my ability to pay, I shall accept them without hesitation. However, if the fine is within my means to discharge, I shall pay it myself. The insinuations of the court are unfounded, and if you, sir, have been tempted by misapprehension or misinformation to make them, your mistake should be corrected.Judge Perkins: I believe we have nothing to do with parties; we are only to consider the subject before us. I wish you had

Here is the translated text as follows:THOMAS COOPERYou, the jury, have found otherwise. You are a gentleman of the profession, possessing such capacity and knowledge that it is more within your power to mislead the ignorant. I do not wish to oppress, but I will restrain, as far as I can, all such licentious attacks on the government of the country.Mr. Cooper, I have been asked by the court whether, in the case of a fine being imposed upon me, I shall be supported by a party. Sir, I solemnly aver that throughout my life, here and elsewhere, among all

Here is the translated text as follows:I am sorry you did not think it proper to make an affidavit regarding your circumstances. You are a perfect stranger to the court, at least to me. I do not know you personally—I know nothing of you beyond having recently heard your name mentioned in some publication. Everyone is aware of the political disputes that have existed among us. It is well-known that there are two parties in the country; you have stated this yourself. You have taken one side—we do not claim that you do not have the right to express your

Here is the translated text as follows:THOMAS COOPERUnited States, you must acquit him; if he has proved the truth of the facts asserted by him, you must find him not guilty.THE VERDICT AND SENTENCEThe jury retired and returned with a verdict of guilty.Judge Chase: Mr. Cooper, as the jury has found you guilty, we wish to hear any circumstances you have to offer in mitigation of the fine the court may think proper to impose on you, and also in extenuation of your punishment. We would therefore like to know your situation in life, particularly regarding your circumstances. It will

Here is the translated text as follows:808 X. AMERICAN STATE TRIALS.Expressions of attachment and confidence in the President, along with a determination to resist the oppression of the French government, were conveyed through various addresses. The President replied to these addresses with responses that generally echoed their sentiments. In fact, his expressions were as general as the nature of the addresses would permit. Therefore, the traverser ought to have blamed the addressers, not the President. For instance, the Marine Society of Boston, composed of seasoned seamen, addressed the President in favor of a navy. In reply, the President agreed that

Here is the translated text as follows:THOMAS COOPERFrance—neither of these can, with any propriety, be called a standing army. In fact, we cannot have a standing army in this country, as the Constitution has expressly declared that no appropriation shall be made for the support of an army longer than two years. Therefore, since Congress may appropriate money for the support of the army annually and are obliged to do it only for two years, there can be no standing army in this country until the Constitution is first destroyed.There is no subject on which the people of America feel

Here is the translated text as follows:No court of justice here has jurisdiction over the crime of murder committed on board a British ship of war. When the British government requested the President to deliver this man up, it became necessary to determine whether there was sufficient evidence of his criminality pursuant to the treaty. Consequently, the judge of the court of Carolina was called upon to inquire into the evidence of his criminality. He acted as the instrument used by the President to ascertain that fact.The delivery of the accused was a necessary act of the President, which he

Here is the translated text as follows:THOMAS COOPER. 805Countries of the other, provided this shall be done only on such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the offense had been there committed. If the President, therefore, by this treaty, was bound to give this Nash up to justice, he was so bound by law; for the treaty is the law of the land. If so, the charge of interference to influence the decisions of a court

Here is the translated text as follows:804 ¢ X. AMERICAN STATE TRIALS.Liberties. They should be under no influence—they are only accountable to God and their own consciences—your present judges are in that situation.There is a small circumstance which the Attorney General, in his observations to you, omitted to state, but which I think it is right to recall to your recollection, as it reveals the intent behind the traverser's publication. In his allusion to Jonathan Robbins, he expressly tells you this is "a case too little known, but of which the people ought to be fully apprised before the election,

Here is the translated text as follows:THOMAS COOPERFrom: an interference without precedent, against law and against mercy. Is not this an attack and a most serious attack on the character of the President?The traverser goes on thus: "This melancholy case of Jonathan Robbins, a native of America, forcibly impressed by the British, and delivered, with the advice of Mr. Adams, to the mock trial of a British court martial, had not yet astonished the republican citizens of this free country. A case too little known, but of which the people ought to be fully apprised before the election, and they

Here is the translated text as follows:Ladies and gentlemen, again, if you believe this, what opinion can you form of the President? Certainly, the worst you can form. You would certainly consider him totally unfit for the high station which he has so honorably filled, and with such benefit to his country.The traverser states that, under the auspices of the President, "our credit is so low that we are obliged to borrow money at eight percent in time of peace." I cannot suppress my feelings at this gross attack upon the President. Can this be true? Can you believe it?

Here is the translated text as follows:THOMAS COOPERThe duties of his high station render him unfit for the important office to which the people have elected him. The motives and intent of the defendant, not the President, are the subjects to be inquired into by you.Now, let us consider this libel as published by the defendant and examine his motives. You will find the defendant speaking of the President in the following words: "Even those who doubted his capacity thought well of his intentions." The defendant might have supposed this to be a compliment regarding the President's intentions, but I

Here is the translated text as follows:800 X, AMERICAN STATE TRIALSThe import of the publication is significant since the offense is committed by the two coupled together.First, let's address the publication.The fact of writing and publishing is clearly proven; in fact, it is not denied. It is proven to have taken place at Sunbury, a considerable distance from the seat of government. Evidence shows that the traverser went to the house of a justice of the peace with this paper, whom, of all others, he ought to have avoided. He must have known that it was the duty of the

Here is the translated text as follows:THOMAS COOPERLibels against themselves. If a man attempts to destroy the confidence of the people in their officers, their supreme magistrate, and their legislature, he effectively undermines the foundation of the government. A republican government can only be destroyed in two ways: the introduction of luxury or the licentiousness of the press. The latter is the slower but most certain means of bringing about the destruction of the government. The legislature of this country, knowing this maxim, has thought it proper to pass a law to check this licentiousness of the press. By a

Here is the translated text as follows:798 X. AMERICAN STATE TRIALSThe defendant aimed to justify his own conduct and language throughout. You, gentlemen of the jury, under the direction of the court, will decide whether he has presented to you such a justification as will entitle him to your verdict in his favor.THE CHARGE TO THE JURYJudge's Charge: Gentlemen of the jury, when individuals are found rash enough to commit an offense such as the one the defendant is charged with, it becomes the duty of the government to ensure they do not go unpunished. It is my duty to

Here is the translated text as follows:THOMAS COOPERThroughout the quotations he has made, particularly from the addresses to the President and the answers to them, there has been a series of misrepresentations. It will be my duty to address these when I consider that part of the charge and his vindication of it. It is fair to observe that if, from the perusal of partial extracts and passages selected from various publications, he has thought it proper to publish a libel, such as that for which he is indicted, against the character of our President, there is no excuse for

Here is the translated text as follows:The text clearly demonstrates a settled intention to persuade the public that the President of the United States is unfit for the high office he holds. You must be fully convinced of this from the entire tenor of the expressions presented to you in the indictment.It is far from my intention to press hard on any part of his lengthy address to you or to exploit any unguarded expression that he might have omitted or corrected upon more deliberate consideration. However, I cannot help but notice from the overall tone of his current argument,

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for a libel against the government. Here, the defendant is allowed, under the third section of that act, to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine both the law and the facts under the direction of the court. The true spirit of the law is that the

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to attribute its publication to malice. The force behind it is not voluntary, but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my friends and

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as libel in the publication. Furthermore, the jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not

Here is the translated text as follows:794 XY. AMERICAN STATE TRIALSGentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. But I think it is impossible, if you consider the paper altogether, that you can ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, to my knowledge, unknown in any other country where a party is tried for libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as libel in the publication. The jury has the right to determine both the law and the facts under the court's direction. The true spirit of the law is that the defendant shall not be

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe the publication of it to malice. It is not voluntary but compelled. At the very outset of the paper, I have spoken well of the President. I have been in the habit of thinking his intentions are right, even if his public conduct is wrong. I believe I can even now bring enough proof from among my friends

Here is the translated text as follows:In the act that defines this offense and outlines the punishment, a level of defense is provided that is, I believe, unknown in any other country where the party is tried for a libel against the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine both the law and the facts under the direction of the court. The true spirit of the law is that the defendant

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper in its entirety, to ascribe its publication to malice. It is not voluntary but compelled. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, but his public conduct is wrong. I believe I can even now bring enough proof from among my friends and neighbors to support

Here is the translated text as follows:In the act which defines this offense and outlines the punishment, a liberality of defense is provided, which is unknown, I believe, in any other country where the party is tried for a libel on the government. Here, under the third section of that act, the defendant is allowed to present evidence of the truth of the matters charged as a libel in the publication. The jury has the right to determine the law and the facts under the direction of the court. The true spirit of the law is that the defendant shall

Here is the translated text as follows:Gentlemen, if the assertions I have made are true, whatever the motives behind them may be, you cannot find me guilty. I believe it is impossible, if you consider the paper as a whole, to attribute its publication to malice. It is not voluntary but compelled by the force of circumstances. At the very outset of the paper, I spoke well of the President. I have been in the habit of thinking his intentions are right, though his public conduct is wrong. I believe I can even now bring enough proof from among my

Here is the translated text as follows:THOMAS COOPER, 793Where there is no reasonable suspicion or assignable motive for why the publications I offer should misrepresent the transactions I allude to, the probability is in favor of their accuracy. This is especially true when the printers of these publications are severely punishable for willful misrepresentation or gross mistakes in detailing the public acts of government.Judge Peters: I admit a great many things from Mr. Cooper, who is without counsel, which I would not admit from others.Judge Chase: You may read anything and everything you please.Mr. Cooper went on to argue at

Here is the translated text as follows:792 XY. AMERICAN STATE TRIALSAnother, in a form more portable and convenient, purports to be a selection of addresses and answers to and from the President during the summer of 1798. Not having been able to procure official copies of the documents I wished to refer to, I must offer in evidence such publications as I can find. These are the types of publications upon which, in fact, the public mind is usually made up and upon whose authority the electors of this country determine the characters whom they honor with their suffrage.Indeed, if

Here is the translated text as follows:THOMAS COOPERMay it be considered seditious to say the President is mistaken? Before you can condemn me for this kind of sedition, you must become Catholic believers in this new-fangled doctrine of infallibility. I know that in England the king can do no wrong, but I did not know until now that the President of the United States had the same attribute.I have said (and I am accused of saying it) that "even those who doubted his capacity thought well of his intentions." Is it a crime to doubt the capacity of the President?

Here is the translated text as follows:790 X. AMERICAN STATE TRIALS.In this paper, which you will have before you when you retire, I shall not read at length. This application was from one friend to another; on the face of it, a confidential communication, although containing nothing but what might do credit to all the parties concerned. Mr. Adams, however, did not consider it so confidential, and from some disclosure on his part, has arisen the base and cowardly slander that initially dragged me before the public to vindicate my moral and political character. It has now brought me before

Here is the translated text as follows:THOMAS COOPERClose all the avenues of information and throw a veil over the grossest misconduct of our periodical rulers?After offering these preliminary remarks, I shall give an account of the paper on which I am accused and then proceed to examine the charges of the indictment in the order in which they are laid. Much that I intended to advance I must relinquish, so as not to trespass too long on your time or weaken the effect of my own defense by fatiguing your attention.The sacred paper now handed to me by the Attorney

Here is the translated text as follows:788 ZX. AMERICAN STATE TRIALS.Alluded to in the indictment, you will reverence as you ought the sacred obligation of the oath you have taken.Gentlemen of the jury, I acknowledge, as freely as any of you can, the necessity of a certain degree of confidence in the executive government of the country. However, this confidence ought not to be unlimited and need not be paid in advance; let it be earned before it is reposed. Let it be claimed by the evidence of benefits conferred, by measures that compel approbation, and by conduct that is

Here is the translated text as follows:THOMAS COOPERThe other too little influence on the measures of government. One is friendly, the other hostile, to a standing army and a permanent navy. One believes they are necessary to repel invasions and aggressions from without, and commotion within; the other believes that a well-organized militia is a sufficient safeguard for all that an army could protect, and that a navy is more dangerous and expensive than any benefit derived from it can compensate. One thinks the liberties of our country are endangered by licentiousness, the other by the restrictions of the press.

Here is the translated text as follows:786 X¥. AMERICAN STATE TRIALSIf my motives were to publish a foul and infamous libel on the character of the President, to incite hatred and contempt against him among the people of this country through gross and malicious falsehoods, then indeed it would be my duty to be brought before this tribunal. It would be yours to convict, and the duty of the court to punish me.However, I hope that during the course of this trial, I will be able to prove to your satisfaction that I have published nothing that truth will not

Here is the translated text as follows:THOMAS COOPERThe confidence of the people, so necessary for conducting public business, was in direct opposition to the duties of a good citizen. Mischiefs of this kind were to be dreaded in proportion to how uninformed the surrounding country was. A man of sense and education had more power to extend the mischief he was inclined to propagate. The government should not encourage the idea that they would not prosecute such atrocious conduct. If this conduct were allowed to pass, the peace of the country would be endangered.Error leads to discontent, discontent to a

Here is the translated text as follows:It was with great regret that it was observed that anyone with a moderate ability to write believed they had the right to attack and undermine the authorities and officers appointed by the people of this country. It was intolerable that vile and infamous falsehoods could be uttered and published with impunity against the President of the United States, whom the people themselves had placed in that high office, and in which he has acted with much credit to himself and benefit to them.Thomas Cooper stands charged in the indictment as follows—(here Mr. R.

Here is the translated text as follows:THOMAS COOPERA case too little known, but of which the people ought to be fully apprised before the election, and they shall be.Most assuredly, had these transactions taken place in August 1797, then President Adams would not have been troubled by any request from Thomas Cooper.Northumberland, Nov. 2, 1797.The prisoner, without counsel, appeared on his own behalf and pleaded not guilty. The jury was then selected.William Rawle, District Attorney, represented the United States.At the outset, a question arose concerning the right of the prisoner to compel the attendance of several members of Congress (as

Here is the translated text as follows:Is this the letter of a man or not? I do not appeal to the cowardly propagator of anonymous falsehoods, but to the public. What is there in it of vanity or servility? Do not these letters take for granted that I am a Democrat, though not a disturber of all government? And that what I am, I shall remain, even though it be deemed a reasonable objection to my appointment? Is this, or is this not, adhering to my principle, whatever becomes of my interest?Nor is it true that my address originated from

Here is the translated text as follows:THOMAS COOPERDr. Priestley had a conversation with me, urging me to ensure that Mr. Adams did not misunderstand my political views. As a result of this conversation, Dr. Priestley wrote the following letter, not a few months ago, but over two years ago.August 12, 1797Dear Sir,It was far from my intention or wish to trouble you with the request for any favors, even though it is now within your power to grant them. It is not at all probable that I shall ever take a second liberty of this kind. However, circumstances have arisen

Here is the translated text as follows:Dr. Priestley exerted his influence in dispersing this very address, which he must have known was the offspring of disappointment and revenge.The address is as cunning and insidious a production as ever appeared in the Aurora or the old Chronicle, and as for impudence, it exceeds, or at least equals, Porcupine himself. Priestley and Cooper are both called upon to deny the above narrative. A recourse to the letters themselves would establish the accuracy of this anecdote, even to a syllable.Yes, I am the Thomas Cooper alluded to—luckily possessed of more accurate information than

Here is the translated text as follows:THOMAS COOPERThe case of Jonathan Robbins is a melancholy example of presidential overreach. As President of the United States, an individual interfered to influence the decisions of a court of justice—a stretch of authority that even the monarch of Great Britain would have hesitated to undertake. This interference was unprecedented, against the law, and devoid of mercy. Jonathan Robbins, a native citizen of America, was forcibly impressed by the British and delivered, with the advice of Mr. Adams, to the mock trial of a British court-martial. This case had not yet shocked the republican

Here is the translated text as follows:### The TrialIn the United States Circuit Court, Philadelphia, Pennsylvania, 1800.**Hon. Samuel Chase,****Hon. Richard Peters,**JudgesApril 11An indictment had been found against Thomas Cooper under the Sedition Act, which made it a crime to be punished by fine and imprisonment for anyone to print or publish any false, scandalous, and malicious writings against the Government, Congress, or the President, with intent to defame them, to bring them into contempt, or to excite the hatred of the people against them. This was for the following seditious libel against John Adams, President of the United States.The libelous

Here is the translated text as follows:Thomas CooperThomas Cooper was once asked if he was the same editor attacking the President who had previously sought office from the very man he now criticized. Cooper confirmed that he was indeed the same person and saw nothing improper in his actions. According to him, it was not he who had changed, but John Adams. In 1797, the President "was hardly in the infancy of political mistakes." At that time, Adams had not yet declared that a Republican government might mean anything; he had not sanctioned the Alien and Sedition Acts or the

Here is the translated text as follows:James Priestley suggested to him to apply for the position. Objections were raised that he was not a native and did not share the President's political views. Dr. Priestley considered such objections insignificant. He argued that if Mr. Adams intended to be the ruler of a nation and not merely the leader of a party, he would welcome the opportunity to demonstrate it. Consequently, Dr. Priestley wrote a letter to the President, presenting Cooper's name for the position. Cooper also sent a letter himself. However, the office was given to someone else, and no

Here is the translated text as follows:Thomas Cooper drifted into metaphysics, and from metaphysics, he transitioned to politics. In politics, he became so unpopular in England that he emigrated to the United States. Here, he began practicing law. Despite being an earnest Republican, a scholar, and a man of unquestionable ability, his clients were few. Consequently, he found himself needing to seek a government position. In 1797, the office of agent for American claims under the English treaty became vacant. His friend, Dr.Previously, he had been accused of various judicial misconducts. These included committing constables who refused to serve them,

Here is the translated text as follows:The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800The NarrativeThomas Cooper was an Englishman who had inherited a good fortune. He was trained as a lawyer but spent more time experimenting with acids and gases than studying law books or preparing legal briefs. His interest in chemistry eventually led him to master the subject.Cooper, Thomas (1759-1840), was born in London, England. He was educated at Oxford, studied law, and then turned to the natural sciences, particularly chemistry, over which he soon obtained mastery. However, he ventured into politics and fell out of

Here is the translated text as follows:THE EXECUTIONDelargo committed suicide in Salem Jail before the trial. After the conviction, Da Soto, the first mate, was pardoned through the intercession of Mrs. David Lee Child, the wife of the counsel. A strong point in his favor was his bravery in rescuing a vessel under circumstances of great peril, along with her crew and passengers, consisting of women and children, as she lay aground on the Bahama Banks.The others were hanged at the Leverett Street Jail, and many people came in boats to witness the execution, which I saw. Boyga cut his

Here is the translated text as follows:The Clerk: Jurors, look upon the prisoner; prisoner, look upon the jurors. How say you, gentlemen, is the prisoner at the bar, Pedro Gibert, guilty or not guilty?The Foreman: Guilty.The same verdict was pronounced against De Soto (the mate), Ruiz (the carpenter), Boyga, Castille, Garcia, and Montenegro. However, Costa (the cabin boy), Ferrer (the negro), Guzman, Portana, and Velasquez were declared not guilty.The Foreman read to the Court the following recommendation to mercy:"The sympathies of the jury have been strongly moved in behalf of Bernardo De Soto, on account of his generous, noble, and

Here is the translated text as follows:PEDRO GIBERT AND OTHERSFor years, more than one or two of the Southern States resisted. Congress could do no more than it did at the time of the formation of the Constitution. They wished to have prohibited the traffic at once, but there were opposing interests to be reconciled, and they had no other alternative than to sacrifice the Constitution or submit to a limited evil. They had many prejudices to overcome, and had they not secured the Constitution by a temporary sacrifice of their wishes, they never would have been able to destroy

Here is the translated text as follows:American State TrialsAs the American passed by the sufferers, the Spaniard stopped and saved them. However, the prisoner's guilt must outweigh all these considerations. We cannot dispense mercy; that is the attribute of a higher power. You and I, gentlemen, are bound to do our duty according to the law, and we would be false to our oaths, our country, and our God if we were to shut our eyes to the force of the testimony before us.The concluding part of the charge was very favorable to Portana, Velasquez, and Ferrer. No participation whatsoever,

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe crime attempted to be destroyed by fire was obvious. The individuals, whoever they were, after committing the robbery, had resolved to consummate their crime by sacrificing every member of the crew, murdering those against whom they could have no personal animosity, and whom they had never before seen. It was a horrible crime; however, the horror it incited was not, at the present time, to weigh against these prisoners in the minds of the jury. The jury was first to determine if the prisoners were guilty.Judge Story then proceeded to

Here is the translated text as follows:768 &X. AMERICAN STATE TRIALSThe trial here was conducted with reference to certain suggestions and questions regarding whether money had been divided among the crew of the Curlew. This question was clear and understandable to everyone. As an individual, after the most careful examination, I must say that I found nothing in Captain Trotter's actions that a man in his position might not fairly do. The learned judge further stated, in reference to this matter, that if, in this first instance of national reciprocity, British officers found themselves accused without sufficient reason, it would

Here is the translated text as follows:PEDRO GIBERT AND OTHERSLet them look at the conduct of Capt. Trotter. He was an officer of the British navy stationed on the coast of Africa, with directions to use his efforts in suppressing the slave trade. He was there discharging the particular duty assigned to him and was under no obligation to trouble himself about pirates. However, he received information about the robbery of the American brig and that the pirate was believed to be on the African coast. He immediately went in search of her. What motive could this gallant officer have

Here is the translated text as follows:766 X. AMERICAN STATE TRIALSHow could we support our claims to property, or claims of any other kind, but by human testimony? The only purpose for which these cases ought ever to be called before a jury is as a caution. If they were urged further than this, it would be an urging of the jury to betray their duty. He regretted seeing them introduced into an American court because our tribunals are not characterized by a thirst for blood. On the contrary, if we have anything of which we can justly boast, it

Here is the translated text as follows:Many things, said Judge Story, had been brought into the present case which he regretted. However, the counsel for the defense had undoubtedly done right in omitting nothing that might have occurred to their minds as likely to benefit the prisoners. The jury had been presented with many cases to illustrate the difficulty of deciding upon the identity of individuals. Some of these cases might be founded in fact, or they might, for all anyone could say to the contrary, be figments of the imagination. They were commonplaces of the law and had been

Here is the translated text as follows:764 X. AMERICAN STATE TRIALSThe gallantry with which they, upon all occasions, risked their lives in behalf of the general weal.November 24.JUDGE STORY'S CHARGEJudge Story:Gentlemen, this important and protracted case is now, I hope, drawing to a close. In terms of its duration and the extraordinary nature of the circumstances developed, it is without parallel in the history of our courts. Great diligence and exertion have been used to bring out the facts; those facts are now before the jury, and it is for you to decide as to the guilt or innocence of

Here is the translated text as follows:PEDRO GIBERT AND OTHERSPreviously, it was said that he could not read, yet he contradicted that assertion by reading in court. This circumstance would be one of the strongest proofs that he had testified truthfully. It would demonstrate that, however bad he was in other respects and whatever falsehoods he might have stated elsewhere, he had come into court on the present occasion with a full knowledge of his precarious situation. He was convinced that his life depended on his veracity and was determined to tell the truth, even if it meant contradicting anything

Here is the translated text as follows:At the time she was taken, what became of them after they left the vessel? They sought refuge among the negroes and in the forest. How different was the conduct of the Portuguese, who shipped at Prince’s Island and had no concern with the robbery. One of them went on board the Panda immediately after the English had taken possession of her, and the other sought a passage home in a vessel lying very near the Panda. From the instructions of the captain of the Panda, I believe the whole affair was a regular

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe mate of the Mexican vessel and Perez both recount that the pirates took some spars, butter, and fowls from them. Perez observed this while in the maintop of the schooner. He also noted seeing smoke coming from the galley of the Mexican, and Captain Butman corroborates this by stating that his vessel was nearly set on fire. Witnesses from both vessels confirm that these events occurred on September 20th. Perez specifically mentions the 20th as the day the Panda captured the American brig, and the logbook of the Mexican records

Here is the translated text as follows:Diack, with a white streak, noted that she had two small guns and something resembling a gun covered up amidships. She estimated the vessel to be about one hundred and fifty tons burden. Regarding this latter item—the amount of tonnage—allowances must be made for the state of alarm into which Capt. Butman was thrown. Mr. Peyton has explained how difficult it is to judge the tonnage of a vessel; he mentioned that he and his messmates were, in one instance, unable to decide within fifty or sixty tons the burden of the vessel in

Here is the translated text as follows:On the 20th or 26th of August, a vessel commanded by Captain Gibert set sail, manned by a crew, part of whom were the prisoners at the bar. This fact was undeniable, as it was corroborated by the Custom House documents and the testimony of Perez and Guzman. Perez stated that the vessel sailed on the 20th or 26th, and the ship’s papers and Moro Pass, dated the 18th, lead us to believe that the voyage commenced on the 20th of August.The track of the Mexican vessel is before us, marked by the mate

Here is the translated text as follows:But, gentlemen, all the indulgences I have enumerated have been granted not to facilitate the escape of guilt, but to afford protection to the innocent. Otherwise, our laws would be a mockery, and our courts of justice merely a theater where the prize of eloquence is to be won, and where, instead of protecting the rights of our citizens, guilt might revel in crime and defy discovery more than in any other place.If the prisoners are innocent, none of you, gentlemen, I am sure, will regret the length of time and the great labor

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe defendants have been instructed in matters of right; they have had counsel of their own selection; they have had the privilege of choosing their own jury from a large number of citizens collected from all parts of the vicinity. If ever there was a mode more calculated to secure the proper administration of justice, it is that adopted by us in this particular. They have had the advantage of the government's resources to procure any testimony within the process of the court. All witnesses whose testimony they desired are in

Here is the translated text as follows:The labors involved in this case have been unprecedented. We can find no parallel to them in the history of judicial proceedings in this country. None of us have yet broken down under the strain, although many times our bodies have been weary and our hearts sick and faint. Still, I do not believe these labors should be a subject of regret when we consider the great importance of the case now to be decided. It is significant because it involves the lives of twelve men and the interests of public justice, not only

Here is the translated text as follows:Pedro Gibert and OthersThe possibility of the Panda encountering the Mexican was discussed, with a table of calculations presented to the jury. These calculations aimed to demonstrate that the schooner was significantly ahead of the brig at the time the robbery occurred.Regarding the prisoners' alleged involvement in the slave trade, it was argued that before this could be held against them, the government should ensure it approached the court with integrity. It was undeniable that, despite New Englanders' objections to this trade, the entire country was involved in it at the time. As recently

Here is the translated text as follows:754 X. AMERICAN STATE TRIALS.Such grounds as these, gentlemen, have never been seen in a case of piracy since the beginning of time. Is it a fact that Quentin did not know that the logbook or any of the papers were missing? Doubtless, all the books and papers fell into the same hands. I have no doubt that the logbook is now in the hands of the prosecutors. The schooner has always been known as a two-topsail schooner; as such, she was known in August 1832, in Havana, and also in Cadiz in 1833.

Here is the translated text as follows:PEDRO GIBERT AND OTHERSIt is false, as all travelers positively assert, that Spanish dollars are current all over Africa. Their value, doubtless, differs in different parts of the coast, depending on how much the inhabitants may need other articles. And the money was buried! How is it that it remains hidden to this very day, with a fleet of British vessels on the coast? How is it that it is still in possession of the natives, despite the powerful arms of the British navy, led by Capt. Henry D. Trotter? Why, also, were the

Here is the translated text as follows:752 X. AMERICAN STATE TRIALSMr. Child referenced "Parliamentary Tables," by which he claimed he could demonstrate the type of individuals who had entered the British navy. He stated he could show the names of over 3,000 lieutenants, many of them veterans in service, who had been superseded by inexperienced youths.The Court stated that any established work of science could be quoted as evidence, but the mere opinions of a writer regarding the conduct of a government or individuals could not be admitted.Mr. Child argued that if an announcement had been made regarding the loss

Here is the translated text as follows:Pedro Gibert and OthersThe other witness, Quentin, affirmed positively that the guns were iron. Perez also mentioned that there was only one man and the third mate on board the Panda who spoke English, and that the former did not go on board the Mexican. Meanwhile, the crew of the latter vessel declared that several of the pirates spoke English fluently.The conduct of Captain Trotter did not suggest that he considered the prisoners to be pirates. He never kept them in chains long enough to maintain the pretense, if it was one, and even

Here is the translated text as follows:760 X, AMERICAN STATE TRIALSThe probability of his having perjured himself by the suppression of important truths is significant.I will now call your attention to another aspect of this witness's testimony. He has stated that the carpenter set fire to a bag of powder in the hold. Would the witness himself be willing to try this experiment? Would the carpenter have succeeded in such an attempt and made his escape to the shore in safety? Is it not more probable that he would have been in another world before reaching his boat? Yet, the

Here is the translated text as follows:PEDRO GIBERT AND OTHERSYou will be convinced, upon a moment's reflection, that this could not have been the case.I may have tested your patience during my cross-examination, gentlemen. I might have been more detailed in minor particulars than prudence would typically dictate. If we had possessed any other means, this would not have been necessary. However, as it was, we could not obtain a ray of light except through the strictest scrutiny and closest examination.Perez initially tells you that the men on board wore both black and white shoes. Later, he claims he saw

Here is the translated text as follows:It seems to me that the whole aim of Perez was to give a deeper hue to the crime with which these prisoners were charged. The carrying of knives by Spanish sailors could excite no suspicion in the breast of anyone if it was a customary thing. We cannot account for such evidence in any other way than by believing that he feared, should these men be discharged, his own imprisonment might be protracted.Perez also tells you, gentlemen, that the carpenter stove the American boat with something heavy, like a piece of wood; and

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe prosecution presented its case, yet it was revealed that the English officer who captured these men was once indebted for his life to their leader. Mr. Quentin, while on the stand, stated that he had no doubt that when Capt. Trotter was in the hands of the negro king, he was saved by the intercession of Capt. Gibert. Throughout the trial, the jury found no evidence to support the portrayal of these men as the dangerous and bloodthirsty miscreants described in the charges against them. They were told that much

Here is the translated text as follows:746 X. AMERICAN STATE TRIALSThe time will come when this world will be as nothing to you: when its opinions, its struggles, and its varied interests will hold no more place in your thoughts than last year's clouds. When memory, invested with preternatural power, will array before your mental gaze every action of your past lives. Then, gentlemen, at that awful moment, believe me, this verdict will not be forgotten; and if you have given it without due conviction of its justice, it will lie with the weight of mountains upon your souls. Let

Here is the translated text as follows:PEDRO GIBERT AND OTHERSIn the ocean of life, there are in his bosom the same social sympathies that animate our own. He has nerves to feel pain and a heart to throb with human affections, just as you do. His life, to establish the law or to further the ends of justice, is not required. Taken, it is of no value to us; given to him, it is above the price of rubies.And Costa, the cabin boy, only fifteen years of age when this crime was committed—shall he die? Shall the sword fall upon

Here is the translated text as follows:744 X. AMERICAN STATE TRIALSVictims, or that the sword of the law should fall until it is clogged with massacre. Antonio Ferrer is plainly but a servant. He is listed as a free black in the ship’s papers, but that is no proof that he is free. Were he a slave, he would, in all probability, be represented as free, and this for obvious reasons. He is, in all likelihood, a slave and a native African, as the tattooing on his face proves beyond a doubt. At any rate, he is but a servant.

Here is the translated text as follows:PEDRO GIBERT AND OTHERSMr. Hilliard addressed the court, highlighting several key points. He noted the fact that Perez had since stated that the cook was not present at all, which cast doubt on the reliability of Perez's testimony. Mr. Hilliard referred to Perez's statements to Mr. Badlam in jail, where Perez declared, "that all he had previously said was a lie." He pointed out the many inconsistencies in Perez's evidence and that of other witnesses. Finally, he mentioned the circumstance where all the crew identified Boyga as having been on board the Mexican, while

Here is the translated text as follows:742 X, AMERICAN STATE TRIALS.The extension was granted to Otis solely to provide the Executive with time to receive information from the court.Mr. Hilliard stated that some of the prisoners had been identified by the crew of the Mexican. It was well known that no evidence was more prone to objection than that relating to identity. Nothing changed more than the human countenance when exposed to the influence of a tropical sun or strong excitement. The records of the courts proved this. The captain thought he recognized a dead man (Delgardo) as one of

Here is the translated text as follows:PEDRO GIBERT AND OTHERSIf it was sound, we would have failed in our duty had we not done this. Had we not acted thus, and had the prisoners been convicted, that conviction would have been something we could never have overcome. The forms and countenances of these men would have haunted our midday steps, disturbed our midnight slumbers, and we would never again have known peace.If the individuals before you, gentlemen, are innocent, is there not something in their condition calculated to touch the heart? They are here, after a long confinement, with scarcely

Here is the translated text as follows:Consider the circumstances under which the prisoners have come to this country. They have been brought here with a sort of éclat, much to their disadvantage. A vast apparatus seems to have been put in motion against them. England, the queen of the ocean, has stretched forth her arm against them, and every man, from the Lords of the Admiralty down to the youngest midshipman on board the Curlew, seems to have decided upon their fate. We are too likely to be influenced by these circumstances and imagine that England would not have taken

Here is the translated text as follows:PEDRO GIBERT AND OTHERSTo the countenance and eye of the prisoner, a new expression emerges. We see guilt written in every lineament of his visage, and we translate the look of conscious innocence into ruffian hardiness or callous indifference.These men, gentlemen, are accused of the crime of piracy and are consequently viewed with horror as robbers and murderers. Let me entreat you to lay aside all prepossessions of this kind and not suppose, because the prisoners are accused, that they are guilty. There is not a man, perhaps, who has looked upon these individuals

Here is the translated text as follows:In the most unclouded state of understanding, with the most unwavering attention to facts and the strictest self-examination, we must be cautious not to, through rashness, inadvertency, or prejudice, pass sentence upon the innocent and commit a judicial murder. If these considerations are important when dealing with a solitary individual, how much greater must their importance be in the present case? You are not now called upon to decide the fate of one, but of twelve persons. The lives of twelve men are in your hands. Your verdict will determine whether the individuals who

Here is the translated text as follows:PEDRO GIBERT AND OTHERSIt's my turn now." He was in a state of excitement.Ebenezer Prescott: I am an officer of the court. Ridgly was intoxicated at the time. I saw Mr. Sumner and others talking to him a short time after, and not thinking it proper that he should be questioned in his then state, I went and told Mr. Dunlap.Henry Homer: Ridgly was one-half or two-thirds drunk. I saw many people around him, among others, Mr. Child, who was listening and speaking to him. I heard one of the bystanders say to Mr.

Here is the translated text as follows:736 ¥. AMERICAN STATE TRIALS.He deceived him by telling him that he would not be kept a prisoner, while, in reality, he was now as much a prisoner as the others. I think, when he said this, he did not refer to any individuals in this country, but to the English. I told Mr. Dunlap what the prisoner had said, and Mr. Dunlap replied, "Very well, he may do as he pleases; if he does not like to be a witness, we can do without him." Perez then cooled down, did not appear in

Here is the translated text as follows:Pedro Gibert and OthersThe engagement was not considered in Havana to disparage any man's character.Isaac A. Coolidge, the underkeeper of the jail, was asked to identify the colored men, Ridgly and Lewis, of the Mexican, as the persons who called at the jail and stated that they recognized one of the prisoners. He was unable to swear to the parties.Charles Sumner saw Ridgly in court, either at the time the prisoners were arraigned or when they were brought up to receive copies of the indictment against them. Ridgly was near the crier's desk, surrounded

Here is the translated text as follows:134 XY. AMERICAN STATE TRIALSI think, from what I see of the Mexican's track, that she was a dull sailer, and there would be a difference of about one-third between her and a Baltimore clipper in smooth water. The meeting of the Panda and Mexican, with one sailing on the 20th from Havana and the other from Salem on the 29th, would be very improbable, but not impossible. I should think the Panda would be at the Cape de Verde by the 20th of September. To pass through the Bahama Channel and reach 30°

Here is the translated text as follows:PEDRO GIBERT AND OTHERSPedro Gibert and others. 733°Six, or six and a half. A clipper will, on average, sail one-third faster than a merchant vessel. The Panda and Mexican would not be likely to meet because the schooner ought to be much ahead of the brig. I am well acquainted with the currency on the African coast. Spanish dollars are current there—even doubloons and ounces will pass. I have been on the coast as far as Congo and thirty leagues up the river. Petty Sestos and Nyphoo are not the same places. Vessels going

Here is the translated text as follows:American State TrialsWith a stock of the best provisions on the coast, owing to the best sources, such as beef, pork, etc., the weather was favorable. It is advisable to take but little bread, as it spoils.Mr. Dunlap asked the witness if he had not been involved in the slave trade. Mr. Child objected to the question as irrelevant. Judge Story did not think so, as the query concerned the gentleman’s—she begged pardon—the witness's character. Mr. Dunlap again posed his question, to which the witness replied that when he could not get ivory, he

Here is the translated text as follows:Pedro Gibert and OthersThe average rate of sailing for ships is about one hundred and twenty miles per day. In summer, they typically sail one hundred and twenty miles, while in winter, they cover around one hundred and sixty to one hundred and seventy miles. The passage from New York to Liverpool is completed in twenty-seven to thirty-three days during the summer. However, the yards of packet ships are squarer than those of ordinary merchantmen, and they carry a heavier crew. On average, it can be said that packet ships sail a knot an

Here is the translated text as follows:American State TrialsCaptain Jeremiah Briggs: I have commanded nine merchantmen over 32 years. My voyages have generally been to the East Indies, and I have also been to Rio and other South American ports. It is customary, when hailed, if from Salem, to answer "from Boston," as Boston is a port more known than Salem, particularly to foreign navigators. I have never been on the coast of Guinea.Mr. Dunlap: Suppose a clipper, bound for the coast of Africa, sails from Havana on the 20th of August, and a vessel like the Mexican, a dull

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe English crew was not called up to take their share of any money. Captain Gibert went ashore when the Panda reached Nazareth and came back after two months. He was sick on board for five days. Once he recovered, he went ashore again and did not return to the ship. I think the captain went on board once after that.Anastasio Sivera, 23 years of age, shipped on board the Panda on the 8th of February, 1833. We first went to Cape Lopez and then to Nazareth. They ran her ashore

Here is the translated text as follows:728 XY. AMERICAN STATE TRIALSThe Panda did not pursue them themselves but sent the negroes who were standing armed on the beach. There was a great number of negroes, though I don't know how many; they extended all along the beach.Captain Trotter went to the king two or three times to demand the prisoners. At last, he went with the crew to take the prisoners by force. I don't know if Captain Gibert and his men interceded with the king not to harm the English. When the Panda was blown up, part of the

Here is the translated text as follows:Pedro Gibert and OthersJean went ashore at Nazareth by Captain Trotter's orders to search for the hidden money. Two of the prisoners guided us, but we found no money. The prisoners were accompanied by an English officer, to whom they were obedient. They showed him the place where it was first buried but could not tell where it had been taken to. The English captain got some money, but I don't know how much; he took it away from Captain Gibert at Cape Lopez. I was a prisoner but not in irons. I never

Here is the translated text as follows:American State TrialsMr. Dunlap: I scarcely know what Mr. Child means by restricting the prisoners. I believe the other counsel, Mr. Hilliard, would not say what Mr. Child had said.Mr. Hilliard was perfectly satisfied with the conduct of the District Attorney on this, as on all other occasions, and should always feel happy in being opposed to the gentleman.**Simon Domingo:** I went with the Panda from Prince’s Island to the River Nazareth. When we arrived there, we came to anchor and lay there for four months, "doing nothing." They had previously traded for negroes.

Here is the translated text as follows:PEDRO GIBERT AND OTHERSMr. Child: We do not know gentle or simple here.Justice Story: If there is anything objectionable in my usage of the word "gentleman," I will use the word "man," although I consider that all present are entitled to the former appellation.Cross-Examination Continued:I do not know whether the powder placed in the cabin to blow up the vessel was in a bag or not. I saw a bag hauled up and also a match still burning. The name of the man who first went down is Trumbull. I know nothing of Trumbull

Here is the translated text as follows:X. AMERICAN STATE TRIALSWhile in Cape Lopez, we had more prisoners than men of our own. There was then some appearance of a rising among the prisoners, but never at any other time.At Cape Lopez, Captain Trotter and some of our men were taken prisoners by the African king. They were captured on Sunday and kept until Wednesday. It required considerable negotiation to secure their release. Captain Trotter was never anxious on account of the capture of the Panda or the Esperanza. I was in Fernando Po when Perez was examined. Captain Trotter, in

Here is the translated text as follows:PEDRO GIBERT AND OTHERSI remember going ashore and don't think Perez was in the boat; there were only two of the prisoners, and they were the men whom I have mentioned. I recall going to the River Bona in the Curlew. Some of the prisoners were on board the Esperanza, and others on board the Curlew. The mate, the carpenter, and three others were in irons. The captain of the Panda did some translations for Captain Trotter; Captain Trotter might have regaled him with wine and brandy. When we were in the River Bona,

Here is the translated text as follows:We found the ship on fire and I was the first to board her. The first thing we did was to put out the fire, which we found in the magazine below the cabin floor. One of our men went down and discovered a quantity of cotton and brimstone burning, along with a slow match ignited and communicating with the magazine. The magazine contained fourteen or sixteen water casks of powder. We looked for the ship’s papers and logbook but did not find them.We then bent the schooner’s sails and went up the river.

Here is the translated text as follows:PEDRO GIBERT AND OTHERSCaptain Pedro Gibert hailed the English captain and ordered him to come on board. The English captain replied that his boat leaked so badly that he would not be able to keep it afloat. Captain Gibert insisted that the English captain come on board quickly. The English then launched their boat, and the captain, boatswain, and two men came on board the schooner.The corvette was robbed of five goats, one cheese, several cases of preserves, cordials, and two half coils of rigging. No other piracy was committed after the robbery of

Here is the translated text as follows:They were never permitted to speak to anyone except in the presence of a sentinel. On board the Panda was a sailor who could speak English; his name was Perico. He was a fat white man, but I do not know his country. He died on board the schooner. Perico was a Spaniard but had sailed on board an American brig. The powder of the Panda was stowed in her hold at Havana. I had not been concerned in the war between Spain and her colonies. I have been on board both Danish and

Here is the translated text as follows:PEDRO GIBERT AND OTHERSReiterating the assertion that he could not write, the witness stated that he was asked by the government at Fernando Po to sign his name to the deposition he made there. However, he could not do it and was therefore told to make his mark. The witness attempted to write but, finding he could not, threw down the pen in despair. The court wished it to be understood that this trial of the witness, although permitted, could not be legally called for by the prisoner's counsel.Cross-Examination ContinuedThe witness did not distrust

Here is the translated text as follows:718X. AMERICAN STATE TRIALSWhile in the canoe, the captain asked why the ship had not been blown up. The carpenter replied that he did not know why an explosion had not occurred. The captain and mate questioned him further, asking why he had not burst a barrel of powder over the deck, loaded a gun, tied a fish-line to the lock, and pulled it when he came off in the canoe. The cabin scuttle leads down into the magazine.Sixty negroes had been bought with the cargo of the Panda, and the remainder had been

Here is the translated text as follows:PEDRO GIBERT AND OTHERSFour or five days after the schooner had been carried to Cape Lopez, it was buried before the schooner was taken and remained buried until after the English captured her. The captain then sent word that all hands should run away, as the English were coming after them. The money that was buried at Nazareth remained there for about four months. Part of it was carried off and buried among the mountains. I never heard of this money afterward, as I and five others got on board a boat and started

Here is the translated text as follows:Mr. Child expressed himself very strongly in relation to the officer for the government and the court. He said he had never witnessed such an exercise of the power of the powerful against the weak and stated that, from the most careful examination, he had become convinced of the innocence of the prisoners and believed them to be victims of one of the vilest plots ever invented.Mr. Dunlap said he should not let personal feelings influence him in this matter. It had been his desire, as on all other occasions, to give the prisoners

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe boatswain had a distinctive appearance with a long nose and black, curly hair. If he were alive, everyone would recognize him by the scar across his nose. He was of medium height and sometimes wore a straw hat, sometimes a cap, but generally a light felt hat with a low round crown. I never saw other felt hats on board the schooner. I don't recall what shoes he wore at the time; sometimes he wore yellow shoes, sometimes black. The crew wore shoes of both colors. Yellow shoes were made

Here is the translated text as follows:714X, AMERICAN STATE TRIALS.The captain ordered us to count out $5,000 and leave it there for him. We left the $5,000 and took away $6,000, which was all that remained. This sum was divided among us. We were told that the captain was going to divide it, and that if each man did not go and get his share, there would be the devil to pay. I was not taken but surrendered myself voluntarily at Fernando Po. The boatswain, four seamen, and I went to Fernando Po. Three of them are now in court.

Here is the translated text as follows:Pedro Gibert and OthersAt the brig, Captain Gibert was angry and sent another man into the maintop to keep a lookout with me. Shortly after, I saw two sails and called out to the captain, who asked where she was. I said she was astern of the American brig and so near that I could see her three masts. On the forecastle of the American brig, I saw one of the schooner's men keeping guard with a handspike in his hand. The captain shouted, "Take them out of the forecastle and shut them up

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe witness was informed that if he did not tell the truth, he would forfeit all claims to favor and be considered in the same light as the prisoners at the bar. He was then sworn upon a Bible authenticated by the Catholic bishop of this place and permitted, through the medium of the interpreter, to commence his testimony.I was born at Margarita, twenty-two years ago. I was last in Havana, 2 years and 6 months ago, and shipped at that time on board the Panda, under Captain Gibert. Bernardo de

Here is the translated text as follows:PEDRO GIBERT AND OTHERS"Think Ruiz had on a blue jacket and cap when he came on board. He told his comrades to get something. The pirates hailed us in good English, though I could understand them readily; their language had a rather foreign accent. I first saw the men on the deck of the Mexican and saw them afterwards in jail. I first recognized Ruiz the day he was brought up here but mentioned it to no one. I do not feel any resentment against Ruiz more than the rest."Benjamin Daniels testified, "I was

Here is the translated text as follows:American State TrialsI remember the shape of his nose—I think he wore a blue jacket. He was a middle-sized man, not very stout. When I saw Ruiz at Salem, I did not tell anyone at the time that I recognized him. I think there might have been about sixty men on board the schooner when we were boarded by them.(The counsel for the prisoners here called upon the witness to look the prisoner Ruiz in the face and say upon his oath whether that was one of the men who came on board the

Here is the translated text as follows:PEDRO GIBERT AND OTHERSHe came back and asked me where my watch was, but before I had time to tell him, he had it out of my pocket. Then he asked me where my money was. It was hidden, but I told him I would bring it. He took the money and told me to stay in the forecastle. I heard the boatswain asking the captain for his chronometer. The captain said he had none. The boatswain then caught up the speaking-trumpet and gave the captain such a blow that it broke almost to

Here is the translated text as follows:Havana and African trade. The guns were made of brass, and I think they were long twelve-pounders.Benjamin Brown Head: I am the mate of the Mexican. At four A.M., I came on deck and was informed of the circumstance by the second mate. When he told me this, I asked if he could still see the vessel he spoke of. He said no. I asked him for the glass, went with it to the forecastle, and saw the schooner. She was then standing towards us. I went below and called the captain, thinking she

Here is the translated text as follows:PEDRO GIBERT AND OTHERSThe incident began with the sighting of a schooner, which appeared to have two long guns. There was also something covered up amidships, though I couldn't ascertain whether it was a gun or not. The crew of the schooner asked where we were from and where we were bound. After I informed them, they inquired about our cargo, to which I replied that it was saltpeter and tea. They then ordered me to come aboard the schooner.At that time, the schooner's crew was on deck, numbering about fifty or sixty men.

Here is the translated text as follows:American State TrialsDue to some accident, the ship shortly afterwards blew up, killing several of the Curlew’s men. Captain Trotter then sailed to other ports, continuing his efforts to discover the crew of the Panda. Eventually, he succeeded in arresting the individuals now present.One of these men, named Perez, had been received as State’s evidence. Additionally, two other individuals, Portuguese nationals who had served on board the Panda but had not been involved in the robbery of the Mexican, would also appear to give their testimony.Mr. Dunlap paid a high compliment to the British

Here is the translated text as follows:Pedro Gibert and OthersIn 33 degrees North latitude and 94.30 degrees West longitude, a vessel encountered a suspicious-looking schooner. Despite numerous attempts to evade the schooner, the vessel, named the Mexican, was unable to escape. The schooner, armed with one long gun and two smaller ones, had decks crowded with men. The captain of the Mexican, realizing the threat, felt compelled to submit and hove to.The schooner hailed the Mexican, ordering the captain to come aboard. Complying with the order, he used his own boat to reach the schooner. Upon arrival, five men jumped

Here is the translated text as follows:American State TrialsSenior counsel, Mr. Child, availed themselves extensively of their right to object to the jurors as called by the clerk, challenging the full number (twenty) allowed by law. The following jurors were eventually selected, impaneled, and sworn: Jeremiah Washburn, Charles Hudson, Leavitt Corbett, John Beals, Joseph Kelley, Anthony Kelley, Isaac Wise, Thacher R. Raymond, Charles Lawrence, William Knight, Peter Brigham, and Jacob H. Bates.Mr. Child addressed the Court regarding a motion he had previously made concerning the logbook of the Panda (the alleged piratical schooner). He read an affidavit from the mate

Here is the translated text as follows:PEDRO GIBERT AND OTHERSOne hundred and fifty jurors were in attendance under the venire previously issued. Captain Gibert and his mate, Bernardo de Soto, through their..."Slavery Standard" in New York (1843-1844). Died in Wayland, Massachusetts.Hilliard, George Stillman (1808-1879), was born in Machias, Maine. He graduated from Harvard with an A.B. in 1828, an A.M. in 1831, an LL.B. in 1832, and an LL.D. from Trinity College in 1857. He was admitted to the Boston Bar in 1833. Hilliard was a joint editor with George Ripley of the "Christian Register" in 1833 and with Charles

Here is the translated text as follows:In Salem, after the usual formalities, the charge was surrendered into their hands, with the English government waiving their right to try and punish the prisoners in favor of the United States, against whom the principal offense had been committed.A primary examination was held in the Town Hall at Salem, with Judge Davis presiding. The prisoners were directed to be transferred to the jail in Boston, where they would await their trial at the October term of the United States Circuit Court. This was done, and on the 23rd of October, they were brought

Here is the translated text as follows:Pedro Gibert and OthersIn 1832, while patrolling off the coast of Africa for slavers, a British vessel captured the Spanish schooner Panda. Several crew members of the Panda were identified as the perpetrators who had robbed the brig Mexican, of Salem, on September 20, 1832, during its voyage from Salem to Rio de Janeiro. Some of the crew were apprehended and taken to England, while others escaped to shore, where they were protected by the natives.On August 26, the British gun-brig Savage arrived in the harbor of Salem, carrying the following prisoners: Pedro Gibert,

Here is the translated text as follows:700 XY. AMERICAN STATE TRIALSThey were all jailed and subsequently taken to Boston, where all of them, except one who had committed suicide while in prison, were put on trial before a Federal Court. The court was presided over by Mr. Justice Story, and the charge was piracy.The evidence was quite conclusive regarding their identity. However, some of them—the cook, Ferrer; the cabin boy, Costa; and the three sailors: Guzman, Portana, and Velazquez—were thought by the jury to have acted under the compulsion of the others. Consequently, they were found not guilty. However, seven

Here is the translated text as follows:The Trial of Pedro Gibert, Bernardo de Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo de Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velazquez, and Juan Montenegro for Piracy, Boston, MassachusettsThe NarrativeIn August 1832, the American brig *Mexican*, owned by one of the leading merchants of Salem, Massachusetts, set sail for Rio Janeiro. Onboard was a valuable cargo and over twenty thousand dollars in specie. Around the same time, the ship *Panda*, with a Spanish captain and crew, departed from Havana on a slaving expedition.The two vessels encountered each other

Here is the translated text as follows:698 X. American State TrialsWith the case as far as her guilt or innocence was concerned, the jury must not allow the position of the prosecutor as mayor, his power, or past record to influence them.The Verdict and SentenceThe jury retired and, after an absence of 25 minutes, returned to the court with a verdict of guilty.Mr. Russell requested a poll of the jury. The clerk called each man's name, and each juror stood and was questioned as to whether that was his verdict, with all twelve answering in the affirmative.Judge Hn stated that

Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe evidence must be strong enough to exclude every other reasonable hypothesis.It is immaterial whether the prosecutor was guilty of adultery or not. Even if the jury believes that improper relations did take place, nevertheless, if Mrs. Hirsch and Cook took advantage of that fact to extort money, these two people conspired illegally, and it is the duty of the jury to find her guilty.If a man suspects that a crime is about to be perpetrated, he has the right to use all legal means to expose the crime and protect

Here is the translated text as follows:The voices of law and fact, as determined by the evidence, are paramount. Any juror who listens to any other voice dishonors their position, disgraces the state, and undermines the purpose of trial by jury.The indictment charges Mrs. H. H. Hirsch and W. J. Cook with blackmail, specifically accusing Asa G. Candler, Sr., of adultery with Mrs. Hirsch with the intent to extort money. The second clause in the indictment accuses them of verbal blackmail, alleging that they threatened to accuse Asa G. Candler, Sr., of adultery with Mrs. Hirsch with the intent to

Here is the translated text as follows:MRS. HERMAN H. HIRSCHCandler’s influence and power were significant. She did not ask him to support her in a denial that Cook would never dare to challenge against their combined statements. No, she wanted to impress upon Candler that Handsome Bill was going to tell her husband. Candler wouldn’t speak to her, so she confided in Forrest Adair. She was perfectly frank and immediately confessed the immoral act. Can you imagine any decent woman admitting her shame when there was no one in the world to deny her innocence but a hobo like Cook?Wouldn't

Here is the translated text as follows:694 X. AMERICAN STATE TRIALSThe noble man of the world was asked to go and see Bill Cook, to persuade him and do what he could to keep him quiet.No, her game was to impress upon Mr. Candler that Cook "has caught me red-handed, is going to tell my husband, and I've got to get out of town"—with plenty of cash!You remember that she states that after Mr. Adair had considered giving her an annuity of $3,000 a year, she went to a card party. When she got back, her figure was raised to

Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe mysterious eyewitnesses are a lie. Why don’t they produce their witnesses? The reason is that Cook just picked the names Lee and Smith. If such men ever existed, they have considerably more brains than Cook, for he didn’t get out of the way.I do not wish to be harsh on a woman. A virtuous woman is the noblest work of God, but the mold of virtue has been lost in this case. A scheming woman with a man like Cook, hunting trouble for a 66-year-old man of the integrity and

Here is the translated text as follows:692 & AMERICAN STATE TRIALSOnce the woman was in the hospital and the raffle was over, the necessity of being with her had passed. Yet, day in and day out, he visited the hospital, bringing flowers and fruit. After she was discharged from the hospital, he spent much time with her at restaurants, dining and conversing. They met by appointment in a clandestine manner, sneaking into the restaurant—sometimes one first and sometimes the other—but always waiting until the other arrived. What does the testimony show? On at least one occasion, Mrs. Hirsch waited for

Here is the translated text as follows:MRS. HERMAN H. HIRSCHGentlemen, you cannot select, as the State would have you do, the evidence you wish to believe and disregard what you wish to classify as false. On one side of this case stands reputation, power, and wealth. On the other side stands a poor, ruined woman. When the whole world is fighting for democracy, when the guns are roaring and the swords are flashing, ensure that she has a fair trial. Before you convict, consider how you would feel if she were your own daughter. If it is true that she

Here is the translated text as follows:690 X. AMERICAN STATE TRIALS.He said, "I knew you couldn’t impeach me in Fulton County." There is the gauntlet that he flings down to the State. "I knew you couldn’t impeach me." Did they accept the challenge? No one was introduced to try to impeach him. It is cowardly to attack a man’s character as Arnold did Cook’s when the challenge for impeachment has been made and they haven’t attempted to accept it. Cook is a stranger to me, but give him fair play.There is no conspiracy shown by the State. They say that

Here is the translated text as follows:Mrs. Herman H. Hirsch, 689There was a scheme, or at least he suspected one. If there had been one, you can be sure he would have done more than merely "suspect it." When she met Forrest Adair in his private office, that poor woman stood no more chance than a straw in the river or a snowball in hell. She was compromised the minute she entered Adair’s private office. Adair admits he is a man of the world and claims to know everything about women. He says he knows women "up one side and

Here is the translated text as follows:Blackmail was not committed either through accusation or demand. Candler admits she's been to his office a number of times. Do you realize just how busy a man the Mayor of Atlanta is, with all the huge business interests of Asa G. Candler? Isn't it significant that she is given so much of his time for interviews in his office? Think that little point over when you get in the jury room. I don't have time to go more fully into it now.Remember, if there is any reasonable doubt in your minds as to

Here is the translated text as follows:MRS. HERMAN H. HIRSCHThe issue at hand is found in Section 118 of the criminal code of the State. That section reads as follows:"Sec. 118, Blackmail Defined. If any person shall, verbally, or by printing or writing, accuse another of a crime or offense, or expose or publish any of his or her personal or business acts, infirmities, failings, or compel any person to do any act, or to refrain from doing any lawful act, against his will, with intent to extort money or other thing of value from any person, or if any

Here is the translated text as follows:686 X. AMERICAN STATE TRIALSReparation to Mrs. Hirsch can be made this side of the grave. Be kind, be charitable. Charity is the greatest word in the English language. We don’t ask for mercy. We ask for justice, everlasting and eternal justice. Do unto her as you would have it done unto you under like circumstances.You can’t be merciful. The judge is the only man who can lawfully extend mercy in a court. We are asking for a verdict of not guilty. Let us flash that verdict to the waiting world through these resourceful

Here is the translated text as follows:MRS. HERMAN H. HIRSCHTo cover, and not even Bishop Candler, who has been sitting here so long, knows it better: I am no saint, but a sinner. However, there is more rejoicing in heaven over one sinner who is saved than over ninety-nine who went astray.Arnold is not a gentleman. He claims that he is bigger than all the lawyers and legislators of Georgia because he criticizes them when they make blackmail a misdemeanor and says it ought to be a felony. That man has so much sense that he is dangerous. I wonder

Here is the translated text as follows:684 X. AMERICAN STATE TRIALSHe was guilty and didn't want to talk to her, so he brought Forrest Adair into the case. If I had done such a thing in my own office, I would have given her money. Mr. Candler admits enough in his own testimony to warrant him paying her, and he ought to pay for it.I hope you have enough manhood, gentlemen of the jury, to stand up for a poor woman against this paid prosecuting attorney. Arnold has been having his own way for so long in this section that

Here is the translated text as follows:On February 6 or after, if the facts had been known, Mrs. H. H. Hirsch would never have been arrested. If the prosecutor had been an ordinary average citizen, the trial would have proceeded like any other misdemeanor case. However, due to the fact that Mr. Candler is the Mayor of the city and a multi-millionaire, the defendant was indicted at a special session of the grand jury. Regardless of his financial or political standing, the defendant still has rights in a courthouse before a jury. She has the right to an unprejudiced trial.No

Here is the translated text as follows:682 Y. AMERICAN STATE TRIALSThe massacres of St. Bartholomew’s Eve were instigated by some of the most cruel criminals, and among them were women.When some women begin to lead a life of shame, they start to prevaricate. They will not betray each other. Mrs. Humphries would not tell on Mrs. Hirsch. There is a code of ethics among them.I have discussed this case as best I could. You are the final arbiters. The law has the fullest confidence in you and expects you to observe your oath to try men and women alike. Put

Here is the translated text as follows:Mrs. Herman H. Hirsch, 681After she had left town, there was a notion that Cook should join her, and my, what a time they would have had with that money! So, when she thought that Mr. Candler was going to provide for her, Cook said, "Raise your figures." And she did, indeed. She lived with her husband from Friday until Sunday after all this had happened, yet carried in her heart the intention to wreck and ruin him, desert him, and destroy everything worthwhile in his life for money.I have full sympathy for anyone

Here is the translated text as follows:680 X. AMERICAN STATE TRIALSIt is old in Europe and the East. It is new in Georgia because we have not had many rich people. After this prosecution, blackmailers in this part of the world will roost lower.I doubt if Mrs. Hirsch would have admitted the figures about her husband’s debts if her notations on the margin of The Constitution had not been kept. She wanted half a million for herself and $5,000 for him! Think of the way that husband has been treated. How would any man feel in like circumstances? He must

Here is the translated text as follows:Mrs. Herman H. Hirsch, 679Cook was scared. I don’t believe he would have yielded to this woman’s importunities, but if he had, they would have pulled the blackmail stunt then.Let me detail some of the key points in the case that speak louder than others: First, there were Mr. Candler’s employees in the adjoining office with an unlocked door between the two rooms. Cook saw through the letterbox without encountering any obstruction. There were two windows on Pryor Street with the blinds up and a hotel across the street. No man performs an immoral

Here is the translated text as follows:In the past, a married woman found guilty of the crime of adultery was stoned to death. While that penalty was excessively severe, the current one is too lenient.Before you sits a very dangerous woman. As an actress, she surpasses even Sarah Bernhardt. The clearing of the courtroom for her statement and her tears are all part of an act. What difference does it make when it will all be made public in the records? She laughed and cried at will. I would love to try her before a jury of good women. There

Here is the translated text as follows:Mrs. Herman H. HirschLater, he dropped the idea for a better money-making plan, and that is the companion Mrs. Hirsch chose.However, she claims that Forrest Adair led her into all this. That is part of her game. One had to pretend to be caught, and one had to be the catcher. In some senses, this plot is slick, but in others, it is a terrible botch and does not do credit to Mrs. Hirsch’s brain. Sometimes, the size of the money involved clouds the brain. She was determined to get at Candler. She tried

Here is the translated text as follows:676 X. AMERICAN STATE TRIALS.It is not classed as such, and I do not ask you to punish this woman. The question of her sentence rests with the court, and I do not desire her punishment. All I want is your disapproval of her actions.There is nothing as good as a good woman, and nothing sinks as low or becomes as dangerous as a fallen woman. When a woman once falls from virtue, how deception follows in her wake! No matter how beautiful and charming she may be, who does she consort with? Creatures

Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 675THE SPEECHES TO THE JURYMR. ARNOLD FOR THE STATEMr. Arnold: Gentlemen, in the brief space at my disposal, I cannot possibly discuss all of the facts in this case. It has taken over a day and a half for the hearing of the witnesses, and it is therefore only possible for me to touch on the high points. I hope to cover all the significant aspects of the testimony before my time expires. Every case is controlled by a few main features in the evidence, and these features are impossible

Here is the translated text as follows:American State TrialsI was on the running board of an automobile, and she continued to hold my hand during the taking of the pictures. I held my hand behind my back as I did not want this to appear. While still holding my hand, Mrs. Hirsch whispered to me, "Look out, he'll touch the button directly." I had met Mrs. Hirsch and Cook at the automobile races, and Mrs. Hirsch had asked me to show her the way to the ladies’ restroom at the fairground. I took her towards the restroom, but seeing Cook

Here is the translated text as follows:MRS. HERMAN B. HIRSCHI was engaged as an assistant solicitor, discussing my conversation with Mrs. Humphries.Cross-examination:The Humphries woman was placed in jail two days after Mrs. Hirsch. She provided no reason for Mrs. Hirsch’s alleged confession. I have no interest in the case except as an officer of the State.Fred Smith, the deputy jailer, testified to the same effect.Forrest Adair (recalled):My brother and I did not tell Cook that I suspected a plot to blackmail Mayor Candler, as Cook testified. I did not suggest to Mrs. Hirsch that she leave her husband or that

Here is the translated text as follows:672 X. AMERICAN STATE TRIALS"Do you want to see me?" He said, "No, he doesn’t." He asked, "Aunt Margaret, do you think Uncle Herman ought to live with you now?" and I said, "No."That afternoon, I employed James R. Bedgood to represent me. They had brought Mr. Cook into my room at the Tower and informed me that this was a joint indictment of Mr. Cook and myself. They mentioned that if I employed a different attorney, it might cause a clash in the two defenses, and that my case and Mr. Cook's case

Here is the translated text as follows:MRS. HERMAN H. HIRSCHI tried to convey my intentions clearly. "Well," I said, "I have attempted to do charitable work here. I have visited the mill districts, the different nurseries, and worked through the Associated Charities. I have found that doing charitable work requires a lot of money. If you don't have money, it requires bodily strength. All the work I have done has been through bodily strength. I would have liked to ask Mr. Candler if he could help me bring good out of bad. If I wanted to dedicate the rest of

Here is the translated text as follows:Because evidently, he hasn’t,” and he said, “You are going to have to go.”When I told Forrest Adair about my trip to the station with my husband, he took my hand, kissed it, and tears came into his eyes. He said, “Little woman, my heart goes out to you. When I came into this, I came in as a friend of Mr. Candler, but I'm your friend now, too.” He continued, “I’m so sorry for you, and my brother George is just as sorry for you as I am. We are both your friends,

Here is the translated text as follows:MRS. HERMAN H. HIRSCH"You'll be protected, and we'll stand by you. We'll see that you shall never be harmed, and you shall be taken care of."I went to the bridge party and, after leaving, returned to Mr. Adair’s office. I told him that I had been thinking over the matter and didn’t know what to do. He said, “Well, there’s only one thing to do: you’ll simply have to go away.” I replied, “Mr. Adair, I have practically realized that I have to do anything you all say because I'm going to be ruined

Here is the translated text as follows:The office had one public phone, and I had no private phone there. The next morning, which was Thursday, around 11 o'clock, I received a message that a lady wanted to speak with me. I went down and called Mr. Adair’s number, and he asked me to come over to his office.The next morning, I went to Mr. Adair’s office before noon. I had been invited to a bridge party that afternoon at a friend's home. They took me back into the private office, where Forrest and George Adair were present. They informed me

Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 667I went down to the train, which was due at 7 o'clock. When I arrived at Mr. Hirsch's office and opened the door, I found a note that had been tucked through the letter slot. The note was signed by "Cook," and it was the same note that I later gave to Mr. Forrest Adair. I immediately went to the telephone and called Mr. Candler to tell him that evidently Mr. Cook was going to try to cause some trouble, as he had left this note for Mr. Hirsch to

Here is the translated text as follows:666 X. AMERICAN STATE TRIALS.I was so alarmed at him seeing me that I grabbed the coat, hat, and other clothing from the table and started to run out of the door. I turned the thumb bolt from the inside and opened the door. As I opened the door, Mr. Cook raised himself up and said, "There's someone at the door, too." I threw up my hands and dropped what I had in my arms. He made a grab for them, and so did I. He got them and put them in his pocket,

Here is the translated text as follows:HRS, HERMAN H. HIRSCH. 665They said, "You sent it out and quit going to his office, now." That was before I went the first time after I came out of the hospital. They have said in their testimony that on Tuesday, the 4th of February, that I met Mr. Candler on Forsyth Street—they said on Monday. To the best of my recollection, it was on Tuesday.When I came through the Grant building that day, I came through there because it was cold, and the wind was blowing, and I took the shortcut through to

Here is the translated text as follows:664 X. AMERICAN STATE TRIALS.For the first time in Will's life, she had seen him interested in something that was to his advantage. I called Mr. Cook up, at his mother's solicitation, and asked him to go and hear Billy Sunday on the first Sunday that he preached a sermon for men only. Mr. Cook went to hear the sermon and came back by St. Joseph's hospital, and told me he was very much impressed with Billy Sunday, and that he intended to go to hear him again. His mother afterwards remarked to me

Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 663I told him during my visits that my doctor had advised me to give up all charitable work and to go into the hospital. I was in a very serious condition and nearing the verge of a nervous breakdown. He suggested that I give up this kind of work, but I said I couldn’t because I was involved with an automobile that hadn’t been raffled yet.I went again to his office to see him about allowing a banner to float across the street. On that day, I was so ill

Here is the translated text as follows:662 XY. AMERICAN STATE TRIALS.I was introduced to the Rotary Club by Mayor Candler, who presented Mrs. Atkinson to the club. Instead of making a speech, Mrs. Atkinson introduced me, and I had to address the gentlemen and explain our efforts. The talk seemed to meet with their approval. Afterwards, Mrs. Atkinson and I went to the door and sold tickets to the men as they left. Mr. Candler bought another ticket, which were the only two he purchased for the automobile. I then left the club to go to the Ansley Hotel and

Here is the translated text as follows:MRS. HERMAN H. HIRSCH, 661He kissed me and put his arms around me; he pulled me down on his lap, and he made every advance that a man could make to show a woman that he wanted to do things that he shouldn’t do. I finally got loose from him, went to the door and started out, and said, “Mr. Candler, don’t ask me to do something that I shouldn’t do and don’t want to do, because I am under obligations to you.” I left the office on those terms, after promising him that

Here is the translated text as follows:660 X. AMERICAN STATE TRIALS.MRS. HIRSCH'S STATEMENT TO THE JURY.Mrs. Hirsch: Gentlemen, I met Mr. Candler when a prominent lady of this city introduced me to him at his office in the city hall. Last summer, the Atlanta Woman's Club formed an auxiliary to the Red Cross and asked me to be the chairman of the finance committee of this auxiliary. Our goal was to raise money to donate eighty-five dozen operating gowns to the base hospital, which would require between $800 and $1,000. We decided to raise the funds by raffling an automobile.

Here is the translated text as follows:HRS. HERMAN H. HIRSCH.659I was a patient at the hospital and have seen a quantity of fruit in Mrs. Hirsch’s room at different times. She told me this fruit was sent to her by Mr. Cook. Mrs. Hirsch said to me that should Mr. Hirsch ever come and find Mr. Cook calling upon her, she would tell her husband that Cook had been visiting a male patient in the hospital and had simply dropped in when passing her room to ask how she was.Cross-examined.I was in charge of the hospital at night. It would

Here is the translated text as follows:658AMERICAN STATE TRIALS.Candler: I did not set any trap for Cook or Mrs. Hirsch, but simply did all I could to develop the plot, which I believed had been laid.Mr. Russell: Were you sorry for her when you said you were?Yes, and I am yet.Didn't you wipe your eyes and pretend deep sympathy, and squeeze Mrs. Hirsch's hand, and say, "Little woman, I am mighty sorry for you?"I did not.You've kissed many ladies' hands, haven't you?Many a one. You are a man of the world, aren't you, Mr. Adair?Yes, to the extent that I

Here is the translated text as follows:MRS. HERMAN H. HIRSCH657Did Mrs. Hirsch call you on the telephone in regard to the Rotary Club luncheon? Didn’t she ask you to speak? Perhaps, I don’t remember for certain. And then didn’t you tell her you would introduce her at the Rotary Club if she would come by your office and give you a “great big hug?” I did not. Didn’t you ask her for a photograph in the presence of an Atlanta lady when she and the lady went to your office to see you about the humane officer? I did not.

Here is the translated text as follows:656 X. AMERICAN STATE TRIALS.(Cook, having been tried separately and convicted, see ante, p. 654) was placed on trial today.For the State:John A. Boykin, Solicitor General, and Reuben R. Arnold.For the Prisoner:Richard B. Russell, John R. B. Cooper, and James S. Bedgood.The following jurymen were selected and sworn: R. L. Crawford, W. H. Blackstock, L. C. Berry, J. T. Carroll, W. L. Holcomb, V. R. Hollis, C. A. Meager, J. R. Lee, M. B. Hinton, Jacob Heiman, J. T. Stark, H. L. Dewell.THE WITNESSES FOR THE STATE:Asa G. Candler:His evidence in chief was substantially

Here is the translated text as follows:THE TRIAL OF MRS. HERMAN H. HIRSCH FOR BLACKMAIL, ATLANTA, GEORGIA, 1918THE NARRATIVELess than three weeks after the conviction of her confederate, Cook (ante, p. 624), Mrs. Hirsch was brought to trial. Mayor Candler (ante, p. 629) and Mr. Adair (ante, p. 633) repeated the amazing story which they had testified to at the trial of Cook. The other witnesses from Cook's trial gave similar evidence here. Then, Mrs. Hirsch, with the court having been cleared of all spectators, made a long statement or address to the jury. In it, she stuck to the

Here is the translated text as follows:654 X, AMERICAN STATE TRIALS.The defendant has the right to use any means within the law to discover the purpose of the accusations or threats. The methods used would not affect the innocence or guilt of the defendant.THE VERDICT AND SENTENCEThe jury returned after an absence of twenty minutes from the courtroom with a verdict of guilty. Judge Huw sentenced Cook to twelve months at hard labor on the public roads of Fulton County and a fine of $1,000.---

Here is the translated text as follows:W. J. COOK. 653Did you ever hear of a grand jury being called in a special session for a misdemeanor case? This is an extraordinary misdemeanor because there are millions behind the prosecution. I am representing a poor man here today, so hear his call. You've heard the other side. Now hear his. There's no case been made against him. The only case made against him is that he butted in where he wasn’t wanted.This is just a case of a man caught in a wrongful act. If he had been an ordinary man,

Here is the translated text as follows:652 X. AMERICAN STATE TRIALS.The testimony of Toney has been passed in this case. Even Mr. Adair admits that there was no demand made for money either by Mrs. Hirsch or Cook. That clears Cook. What will we do with him? Release him! I'm not surprised you won't try the woman. You would have little enough sense to try her, for you know there's not a jury in Georgia that would convict her. What act can they show against Mr. Cook that constitutes blackmail? None! What overt act have they shown that Cook has

Here is the translated text as follows:W. J. COOK, 651No one is safe. But it is actions such as Mr. Candler's which make it safer for others.The crime of blackmail does not depend on the truth of the charge alleged by the blackmailers. Even had Candler been guilty, the blackmailing would still have been a crime.As to the photograph of a group containing Mrs. Hirsch and Mr. Candler, I believe that Mrs. Hirsch was groomed for the affair by Cook even before that photo was taken in September 1917, and that they had laid their plans before that date. But

Here is the translated text as follows:650 X. AMERICAN STATE TRIALS.Asa Candler has contributed to every philanthropic enterprise and always stood for the highest and best things in public and private life. Shall we tear him down for a man who admits and boasts that he has committed every crime on the statute books except the crime of murder—a man who brags that he provided for a woman when he was fifteen years of age, who brags that he drank two quarts of liquor a day until Georgia went bone-dry, a man who brags that he was tried for assault

Here is the translated text as follows:W. J. COOKE. 649He makes a most remarkable statement, yet doesn’t produce a witness. No one, on oath, you will notice, has dared to state that Mayor Candler and Mrs. Hirsch had these frequently mentioned improper relations. Here is Cook, who immediately rushes round to the husband’s office to nobly tell what he has seen. He leaves a note on the husband’s desk saying, “See me at once.” This is on Wednesday. Yet the husband is in town from the following Friday until Sunday, and Cook never told him anything about it!Gentlemen, that note

Here is the translated text as follows:648 X. AMERICAN STATE TRIALS.No, he makes the woman do all the dirty work—while he occupies the proud position of a friend of her husband's. Cook and Mrs. Hirsch had made all arrangements. Cook wanted them to "get her out of town," did he? Cook would surely have joined her later. Suppose she had gotten as much as $100,000. What a time they would have had! And poor Hirsch. What a doormat they have made of him. Then Cook would have denied ever knowing Mrs. Hirsch, if it hadn't been for Al Martin's visit

Here is the translated text as follows:W. J. COOK. 647Honorable Mayor! You are a nice pair! I saw this bundle lying on the floor with her coat and hat, and I reached down and got it, and walked out and went by her husband's office and left him a note to see me before he went home or to call me. I didn't hear anything from him, but I heard from Mr. Forrest Adair. I went over to Mr. Thrower's office, and Mrs. Hirsch called me up from Mr. Candler's office, and said, "Mr. Cook, won't you please come back

Here is the translated text as follows:646 X, AMERICAN STATE TRIALS.He had his arm around her before he closed the door. Well, I stopped; I thought for a second I would walk over to his office door leading into the hall. He has a mail slot in his door with a spring slot that you can shove up from the outside and see everything in his office. I saw him pull Mrs. Hirsch down into his lap and kiss her. The elevator was running, and I let the slide down and walked down a step or two, then went back

Here is the translated text as follows:W. J. COOK.645He came to me the next morning and again offered me $200.00 to get him a master key to the second floor of the Candler building. He said that he wanted to get a paper from an office in that building, explaining that there was a party who had not dealt fairly with him. He believed that if he could get this paper, he could get half out of a certain trade. I told him I would have to think the matter over and made him no promise.Mrs. J. Frank Snelgrove.I know

Here is the translated text as follows:644X. AMERICAN STATE TRIALS.Jean C. Waldron, a trained nurse, nursed Mrs. Hirsch at the Davis-Fisher Sanitarium for one week in December 1917. Mr. Cook visited her every day during the week I was nursing her, except for one day.Jean C. Waldron, a trained nurse, also nursed Mrs. Hirsch at the Davis-Fisher Sanitarium last December for four days. Cook came to see her twice out of the four days during which I nursed her.R. A. Gordon knows J. W. Cook. About two months ago, Cook came to his office and told him he was going

Here is the translated text as follows:W.D.COOK. 643On that occasion, the purpose of the meeting was that I was trying to get Mr. Cook to recede from his demand that he had made of Mr. Candler, that Mrs. Hirsch be forced to quit her husband and leave town. That would have hushed it up and saved Mr. Candler, my friend. That is your question; that would have hushed it up.The next conference I had with Mr. Cook was on the following Monday morning. I made that engagement myself. I met him at Thrower's office, and we walked down Walton Street.

Here is the translated text as follows:642X. AMERICAN STATE TRIALS.When she returned from the card party, money was discussed. She stated that if she left her husband and town, she would need a sum of money or securities or bonds that would yield three thousand dollars per annum.After the conference was over, I told her we would take it under advisement and see her further.As to the question of whether we led her to believe on that occasion that we would give her money if she left town, I don't think we led her to believe it, Mr. Cooper. However,

Here is the translated text as follows:W. J. COOK641I stated to Mr. Candler in his office before he turned the matter over to me that it was a blackmail scheme. I did not jump at the conclusion that they were guilty of blackmail; I arrived at the conclusion it was blackmail before it was turned over to me, and I have been of that opinion ever since. I did not jump at the conclusion after it was turned over to me; I knew about the case before it was turned over to me. I did not see the woman in

Here is the translated text as follows:640X. AMERICAN STATE TRIALS.The Court: Register your objection, and register the fact that it is overruled.Cross-examined: I am in the real estate business, and the firm of Forrest and George Adair does a great deal of business for Mr. Candler. Mr. Candler has been a friend of my family for a great many years; for the past several years, we have done a great deal of business for him and with him. I don't think there is a man in the State of Georgia in whom I would take a greater interest or for

Here is the translated text as follows:W. J. Cook, 639, made the claim, but that Mr. Candler was a good man, and she felt very strongly and affectionately for him. She admired Mr. Candler and said she had thought a good deal about Mr. Candler's great work. She had always had a great desire to do charitable and philanthropic work herself, but she had never had the means or the money to do it. It had always been her ambition to be in a position where she could not only have the personal touch with the people with whom she

Here is the translated text as follows:638X. AMERICAN STATE TRIALS.He said, "I told you on Saturday that I had committed every crime except murder. I kept a woman when I was fifteen years old, working in the Southern shops." He continued, "Before I was twenty, I was arrested in bed one night; a fellow came in and caught me with his wife, and I was arrested for rape and taken to the station house. I got out of it by being able to prove that the fellow was never married to her; he was keeping her himself. I got into

Here is the translated text as follows:W. J. COOK637W. J. Cook was very upset and nervous over the matter; it had distressed him greatly. He said he himself had been a very bad man; that he had committed every crime except murder; that he had left his home and father when he was 12 years of age.**Mr. Cooper:** I object to this. We wish to register an objection to this testimony on the ground that they cannot put in a separate and distinct offense against the defendant other than the one on trial.**The Court:** It is not a separate and

Here is the translated text as follows:636X. AMERICAN STATE TRIALS.She thought she ought to have a sum of money or securities, bonds, that would yield her at least $3,000.00 a year. She explained she had an engagement to go that afternoon to a card party with a lady who had been a very dear friend of hers, and that she would come back to the office afterward. That broke off the conversation. She claimed Cook came upon her and Mr. Candler in a compromising position. I asked her what it meant, if Cook had merely interrupted them in the office

Here is the translated text as follows:W. J. COOK.635He had changed his mind, and he had decided he would not come to my office. I said, "Let us not talk it over the telephone; suppose you leave your office and meet me on the Whitehall Street viaduct in a few minutes." He said, "All right." I left my office, and we walked out on the sidewalk. He said, "I will arrange a place to meet him. I don't want to talk to him in your office or his office. I will talk to him in the place I suggest." I

Here is the translated text as follows:634X. AMERICAN STATE TRIALSIn Mrs. Hirsch's office, she went down to her husband's office and upon reaching it, she found a note. This is the note she gave me. (The note is dated February 6, 18__: "H. H. Call me at Ivy 164, before you go home this P.M. without fail. Cook.") She said her husband had gone to Rome that morning and would return about seven, and if he got that note, he would probably kill her and then go after Mr. Candler to kill him, or else would sue her for divorce.

Here is the translated text as follows:W. J. COOK. 638There were two windows to that room. The transom was not closed over my door. There are shades to the windows, but they were up. She was not in my office for more than ten minutes; she did not take any liberties with her. I suppose I shook her hand when she came in, receiving her cordially. I did not embrace her or take any liberties at all with her, nor get her on a lounge; I was not having intercourse with her when Cook came in, and she was not

Here is the translated text as follows:632X. AMERICAN STATE TRIALS.On the next Wednesday, the 13th, he walked up to the Mayor's desk. I said, "What do you want?" He replied, "You are trifling with me. I have given you reasonable time, now I will give you until Friday. If this thing has not been done, I will expose you and the whole of it,"—the thing of getting Mrs. Hirsch out of town. I said, "That is not an easy job, separating a man from his wife." He said, "I will take the blame," and I told him to go. I

Here is the translated text as follows:W. J. COOK.631I had been trapped. I ran to his office on the floor below and ran back with him; I was gone probably a minute. When I got back, Cook was gone; Mrs. Hirsch was in my office crying. I left her crying; she began to cry before I left. When my son and I got back, I don't recollect what she said except in answer to my question, "Who was that?" She said, "That is Mr. Cook," that she had seen him at his mother's and sister's. "I visit at their home,

Here is the translated text as follows:630XII. AMERICAN STATE TRIALS.I received a request to conduct a raffle for the benefit of the Red Cross. I had been informed that it would be against the law, and they wanted authority from me to proceed with it. I told them to go ahead, as I believed they would not be interfered with. Later, I saw Mrs. Hirsch at a luncheon given by the Rotary Club for General Swift and his staff. The ladies were selling tickets to the members for the raffle, and there was a photograph taken in which General Swift,

Here is the translated text as follows:W. J. COOK. 629Mr. Bedgood moved for a change of venue on the grounds of the unusual calling of a special session of the Grand Jury to indict the defendants when said jury had adjourned. He also argued that the public mind had been prejudiced by sensational headlines in the evening papers on the day of the indictment. Additionally, he cited the reputation, character, influence, and standing of the mayor of the city, where nine-tenths of the population of Fulton County resides, and the great financial standing of Asa G. Candler, rendering it unlikely

Here is the translated text as follows:628 X. AMERICAN STATE TRIALS.The jury very promptly returned a verdict of guilty on all the counts of the indictment, and the male blackmailer was sentenced by the judge to pay a fine of $1,000 and to work at hard labor on the public roads of the county for a term of twelve months.THE TRIALIn the Superior Court of Fulton County, Atlanta, Georgia, February 1918.Hon. Benjamin H. Hill, Judge.February 27.An indictment had been previously returned by the Grand Jury against W. J. Cook and Mrs. Herman H. Hirsch for blackmail. It contained three counts: