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

764 X. AMERICAN STATE TRIALS,

lantry with which they, upon all oecasions, risked their lives
in behalf of the general weal.
November 24.
JUDGE STORY'S CHARGE.

Jupaz Story, Gentlemen: This important and protracted
ease is now, I hope, drawing to a close. As regards its dura-
tion and the extraordinary nature of the cireumstances de-
veloped, it is without parallel in the history of our courts.
Great diligence and exertion has been used to bring out facts;
those facts are now before the jury, and it is for you to de
eide as to the guilt or innocence of the prisoners. The pris-
ouers all pleaded not guilty, and I feel sure that in a case
like this, I need not say much to the jury in relation to the
necessity of using deliberation and caution in the formation
of your judgment; on the one side, the lives of the prisoners
are in your hands, and, on the other, the preservation of pub-
lie justice. The lives of the prisoners are dear to them, and
the due and fit administration of justice is not the less dear
to the country, The case has been argued for the defense with
great elaboratencss, ingenuity and eloquence; and the reply
of the district attorney is marked with equal diligence, mod-
eration and candor. Little more remains, then, for the eourt
but to sum up the facts, and present to the jury the most im-
portant elements contained in the testimony which has been
adduced before them, I wish the jury to understand (the
case having, as I said before, been argued so elaborately and
in detail), that they are not to take the facts I give them as
all the facts, but only as the most important ones. As the
case, for the most part, turns on a question of fact, it is for
the jury to decide upon it in that respect. The suggestions
about to be made by me are only so made for the purpose of
assisting you in coming to correct resulta; and if, in the
course of the remarks I am to make, I should happen to differ
in any way from you, to follow the dictates of your own
minds and consciences, without being influenced by any ob-
servations or opinions expressed by me. You are to use your
own judgment.