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

508 X. AMERICAN STATE TRIALS.

to retreat and give way to the rioters, but might lawfully
atand and repel foree by force.

It is needless for me to say what you ought to do with regard
to the other six prisoners, in case they had gous to the custom-
house, not to protect the sentry but to disturb the peace or
after they got there and before the firing had agreed so to
do; or in case they had actually unlawfully abetted the kill-
ing: because none of these things have been testified, nor
can any of them be deduced from any thing which has been
given to you in evidence.

Having already said much more upon this occasion, than I
should have thought necessary in a like case, at any other
time, I shall add no more.

Mr. Justice Ourver and the other justices also summed up
the evidence to the jury, and gave their opinions on the law
and the evidence, but they differed in no material point from
Mr. Jusrice Tsowssipas, who, according to the eustom of the
court, spoke first.

THE VERDICT AND JUDGMENT.

The Jury withdrew and in two hours end a half returned
into court, with a verdiet of not guilty as to all the prison-
ers, except Killroy and Montgomery, who were found not
guilty of murder but guilty of manslaughter. They prayed
the benefit of clergy, which was allowed them, and thereupon.
they were each of them burnt in the hand, in open court, and
were discharged.