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

704 X¥. AMERICAN STATE TRIALS.

Gentlemen, if the assertions I have made are true, what-
ever the motives of them may be, you cannot find me guilty.
But I think it impossible, if you consider the paper altogether,
that you can ascribe the publication of it to malice. It is on
the force of it not voluntary, but compelled. I have, in the
very outset of the paper, spoken well of the President. I have
been in the habit of thinking his intentions right, and bis
public conduct wrong: and that this has been the general
tenor of my language and behavior, I believe I ean even now
bring proof enough from among my friends and my neigh-
bors.

Juve Cuase. This is not necessary. It is your conduct,
not your character, that is in question. If this prosecution
were for a crime against the United States, you might give
evidence to your character, and show that you have always
deen a good citizen; but this is an indictment for a libel
against the President, where your general character is not
in question.

Mr. Cooper. I am satisfied. I shall fatigue the jury no
longer ; but rest my defense here.

Mr. Rawle. Gentlemen of the jury: The defense you have
just heard is one of the most extraordinary and unexampled
I ever remember to have witnessed in a court of justice. It
is no less than to call into decision whether Thomas Cooper,
the defendant, or the President of the United States, to whom
this country has thought proper to confide its most impor-
tant interests, is best qualified to judge whether the measures
adopted by our government are caleulated to preserve the
peace and promote the happiness of America, This, how-
ever, does not seem to me the real point which you are to try;
and I shall therefore (under direction of the court) Proceed
to state what I conceive to be the question which you, gentle-
men of the jury, are now ealled upon to determine. Thomas
Cooper is charged in the indictment with heving published a
false, scandalous and malicious libel, with intent to defame
the President of the United States, and to bring him into
contempt and disrepute, and to excite against him the hatred