104 Slide – American State Trials 1918 Volume X Leo Frank Document

q2 X. AMERICAN STATE TRIALS,

ME. GALE, For THE STATE.

Mr. Gale. Gentlemen of the jury: It becomes neces-
sary for me, as the cireuit attorney of this district, to say
something toe you in this important ease. After the length
of time you have been compelled to listen to the protracted
details herein given, the calmness of your countenances shows
Ine you are prepared to do justice to the State upon one side,
and the prisoner at the bar upon the other. I conjure you,
gentlemen, to throw away all outside influences, Approach
this as a new case, In this age (newspapers in every house)
you must have heard of it before. On your voir dire, you
stated, you had heard of it, In all its phrases it is one of the
most extraordinary cases in Missouri, or even in America.
The parties concerned, the person murdered, the testimony
detailed, are all extraordinary. In the course of the defense
Judge Coslter seems to be put upon trial, This was as ex-
traordinary an opening on the part of the defense as the
tragedy itself was. We all know that Major Wright’s repu-
tation for talent and eloquence is co-extensive with the Union
itself. Is it strange that Judge Coalter was employed at my
request? What was there in his remarks to require the ob-
servations made by defendant’s counsel? The only one I saw
wea that Judge Coalter told you it was your province thet
you should judge of cireumstances constituting insanity. The
Supreme Court of Missouri has decided that anyone can judge
of it, and you must. The doctrines of insanity are now car-
ried out to a great degree of refinement, There has been an
effort to establish a mental stethoscope to gauge the brains,
and measure the faculties. You have experience. Can you
not judge of insanity? Is it not ridiculous to think of a per-
son gauging a person’s brain with so scientific an instrument
as a mental stethoscope must be? Gauging is more like a
carpenter measuring his work Defendant’s counsel saya
the defense of insanity is very uncommon; and that he haa
only known it in his personal practice in three oases,
notwithstanding he has been in full practice for thirty