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

484 X. AMERICAN STATE TRIALS,

Thirdly. Is there anything appearing in evidence, which
will justify, excuse, or extenuate such homicide, by reducing
it to that species of offense called manslaughter!

Before we enter upon these inquiries, permit me, gentle-
men, to remind you of the importance of this trial, as it re-
lates to the prisoners, It is for their lives! If we consider
the number of persons, now on trial, joined with many other
¢eireamstances which might be mentioned, it is by far the
moat important, this country ever saw. Remember the ties
you are under to the prisoners, and even to yourselves. The
eyes of all are upon you. Patience in hearing this cause is
an essential requisite, candor and caution are no lesa essen-
tial. It is tedious and painful to attend a trial of such
length; but remember the time which has been taken up by
the erown in the opening. By every bond of humanity and
justice, we claim an equal indulgence; nay, it is of high im-
portance to your country, that nothing should appear on this
trial to impeach our justice, or stain our humanity.

And here let me remind you of a notion, which has certain-
Ty been too prevalent, and guard you against its baneful in-
fluence. An opinion has been entertained by many among
wus, that the life of a soldier was of very little value; of mach
less value than others of the community. The law, gentle-
men, knows no such distinction ; the life of a soldier is viewed.
by the equal eye of the law, as estimable as the life of any
other citizen,

I eannot in any other way account for what I mention,
than by supposing that the indigence and poverty of a sol-
dier, the toils of hia life, the severity of discipline to which
he is exposed, the precarious tenure by which he is generally
thought to hold his life, in the summary decisions of a court-
martial have conspired to propagate a sentiment of thia kind;
but a little attention to the human heart will dissipate such a
notion.

The soldier takes his choice, like all others, of his course
of life. He has an equal right, with you, or me, so to do. It
is best we should not all think alike. Habit makes all things