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

406 XY. AMERICAN STATE TRIALS.

the evidence as a whole that he is guilty beyond a reasonable
doubt, you would be authorized to convict him,

If you believe beyond a reasonable doubt from the evi-
dence in this case that thia defendant is guilty of murder,
then you would be authorized in that event to say, ‘‘We, the
jury, find the defendant guilty.” Should you go no further,
gentlemen, and say nothing else in your verdict, the Court
would have to sentence the defendant to the extreme penalty
for murder, towit: to be hanged by the neck until he is dead.
But should you see fit to do 50, in the event you arrive at the
conclusion and belief beyond a reasonable doubt from the
evidenes that this defendant is guilty, then, gentlemen, you
would be authorized in that event, if you saw fit to do so, to
say: ‘We, the jury, find the defendant guilty, and we recom-
mend that he be imprisoned in the pentitentiary for life.’ In
the event you should make such a verdict aa that, then the
Court, under the law, would have to sentence the defendant
to the penitentiary for life.

You have heard the defendant make his statement. He

had the right to make it under the law. It is not made under
oath and he is not subject to examination or cross-examina-
tion. It is with you as to how much of it you will believe
or how little of it. You may go to the extent, if you see fit,
of believing it in preference to the sworn testimony in the
cage,
In the event, gentlemen, you have a reasonable doubt from
the evidence, or the evidence and the statement together, or
either, as to the defendant’s guilt aa charged, then give the
prisoner the benefit of that doubt and acquit him; and in the
event you do acquit him the form of your verdict would be:
‘We, the jury, find the defendant not guilty.”” As honest
jurors do your utmost to reach the truth from the evidence
and statement as you have heard it here, then Jet your ver-
dict speak it.

At 12:45 the Jury retired.