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

432 X. AMERICAN STATE TRIALS,

sons, may not be precisely ascertained, except in the case of
Killroy, againet whom I think you have certain evidence.

Tt is a rule of law, gentlemen, when the fact of Killing is
once proved, every circumstance alleviating, excusing, or jus-
tifying, in order to extenuate the crime must be proved by the
prisoners, for the law presumes the fact malicious, until the
contrary appears in evidence.

here is another rule I shall mention also, and that is, that
it is immaterial, where there are a number of persons con-
cerned, who gave the morta! blow, all that are present, are in
the eye of the law principals. This is a rule settled by the
Judges of England upon solid argument. The question,
therefore, then will be, what species of homicide this is, and
the decision of that question must be deferred until the de-
fense comes out by the evidence on the other side.

The laws of society, gentlemen, lay a restraint on the pas-
sions of men, that no man shall be the avenger of his own
cause, unless through absolute necessity, the law giving a rem-
edy for every wrong. If a man might at any time execute his
own revenge, there would be an end of law.

A person cannot justify killing, if he ean by any means
make his escape; he should endeavor to take himself out of
the way, before he kills the person attacking him,

‘The Courr thought it improper for the Counsel in opening
the cause to anticipate the defense,

Hr. Quincy. I was about to make some further remarks,
but it is thought by the honorable Court improper to antici-
pate what may be urged on the other side. I shalt, therefore,
Test the ease as it is, and doubt not but on the evidence as it
now stands, the facts, as far as we have gone, against the
prisoners at the bar, are fully proved, and until something
turns up to remove from your minds the force of that evi-
dence, you must pronounce them guilty.

MR, JOSIAH QUINCY FOR THE DEFENSE.

Mr. Quincy, Gentlemen of the jury: The prisoners at the
bar stand indicted for the murder of five of his Majesty's