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

398 X. AMERICAN STATE TRIALS.

guilty. Gentlemen, every word of that defendant proclaims
him responsible for the death of this little factory girl. Gen-
tlemen, every circumstances in this case proves him guilty
of this crime. Extraordinary! Yes, but nevertheless true,
just as true as Mary Phagan is dead. She died a noble
death, not a blot on her name. She died becanse she wouldn’t
yield her virtue to the demands of her duperintendent. I
have no purpose and have never had from the beginning in
this case that you oughtn’t to have, as an honest, upright
citizen of this community. In the language of Daniel Web-
ster, I desire to remind you ‘“‘that when a jury, through
whimsical and unfounded scruples, suffers the guilty to es-
eape, they make themselves answerable for the augmented
danger to the innocent.’”

Your Honor, I have done my duty. I have no apology to
make, Your Honor, so far as the State is concerned, may
now charge this jury,—this jury who have sworn that they
were impartial and unbiased, this jury who, in this presence,
have taken the oath that they would well and truly try the
iasue formed on this bill of indictment between the State of
Georgia and Leo M. Frank, charged with the murder of Mary
Phagan; and I predict, may it please Your Honor, that un-
der the law that you give in charge and under the honest
opinion of the jury of the evidence produced, there ean be
‘but one verdict, and that is: We the jury find the defend-
ant, Leo M. Frank, guilty! guilty! guilty!

August 25.

Mr, Arnold asked that the jury be ordered to retire as he had an
application to make which the did not desire it should hear.

The Count acquiesced and the jury retired.

Mr. Arnold. 1 make a motion for a mistrial, and I wish to name
the facts on which we make it. We wish to prove every fact included
in this motion, unless the court already knows it, We base our mo-
tion on the following facta:

First, at the beginning of this trial counsel for the defendant re-
quested that the eourt room be cleared.

Seeond, when the court refused to rule out evidence relating to
women, the audience applauded loudly, The jury was in the court
room twenty feet away and heard the applause,

Third, on Friday, August 22, when court had just adjourned for
the day, when the jury was 260 feet north of the courtheuse on