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

792 XY. AMERICAN STATE TRIALS.

another, in a form more portable and convenient, purporting
to be a selection of addresses and answers to and from the
President during the summer of 1798, Not having been able
to procure office copies of the documents I wished to refer to,
I must offer in evidence such publications as I can find; that
class of publications, upon which in fact the mind of the pub-
lie is usually made up; and upon whose authority the electors
of this country determine the characters whom they honor
with their suffrage, Indeed, if the opinion that fell from
the court this morning be accurate, that no man should hazard
an assertion but upon sufficient and legal evidence, and if docu-
ments from the public offices in proof of notorious facts are
required as such evidence, then are the mouths of the people
completely shut up on every question of public conduet or
publie character. But I cannot help thinking it a fair and
reasonable position, that a defendant in such a case as this
should be permitted’ to offer to the jury any evidence that
appears to him a sufficient ground for his assertion, and let
them decide on its credibility, .

Jover Cuase. What is it that you say, sir, fell from the
court? They have not yet decided what was or what not
proper evidence for you to adduce. The court said, if you
thought the public documents at your service, you were mis-
taken. If you undertake to publish, without having proper
evidence before you to justify your assertions, you do it at
your own risk. Most assuredly, in common traverses, you
could not offer the evidence you mention. But we acknowl-
edge thet, in such a case as this, great latitude may be given.
If you say the President did write a letter, you must prove it.
‘We should incline to admit gazettes and acts of public au-
thority and notoriety. You might read the speech of the
President to both Houses of Congress in evidence. If you
want to prove that the President advocated a navy, you may
read the journals of Congress or any authentic publie docu-
ment.

Hr. Cooper, If I am defeated in my endeavors to procure
these documents, I must offer such evidence as I can procure;