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

810 X. AMERICAN STATE TRIALS.

sorry you did not think proper to make an affidavit in re
gard to your circumstances; you are a perfect stranger to
the court, to me at least. I do not know you personally—I
know nothing of you, more than having lately heard your
name mentioned in some publication, Every person knows
the political disputes which have existed amongst us, It is
notorious that there are two parties in the country; you have
stated this yourself. You have taken one side—we do not
pretend to say, that you have not a right to express your
sentiments, only taking care not to injure the characters of,
those to whom you are opposed.

Your cireamstances onght to have been diselosed, on affi-
davit, that the court might have judged as to the amount of
the offense; nor did we want to hurt you, by this open dis-
elosure.

Mr. Cooper. Ihave nothing to disclose that I am ashamed of.

Juvcz Cuase, If we were to indulge our own ideas, there
is room to suspect that in cases of this kind, where one party
ia against the government, gentlemen, who write for that
party, would be indemnified against any pecuniary loss; and
that the party would pay any fine which might be imposed
on the person convicted. You must know, I suppose, before
you made any publication of this kind, whether you were to
be supported by a party or not, and whether you would not
‘be indemnified against any pecuniary loss. If the fine were
onty to fall on yourself, I would consider your circumstances;
bat, if I eould believe you were supported by a party inimical
to the government, and that they were to pay the fine, not
you, I would go to the utmost extent of the power of the
court. I understand you have a family, but you have not
thought proper to state that to the court. From what I can
gather from you, it appears that you depend on your pro-
fession for support; we do not wish to impose so rigorous 4
fine as to be beyond a person’s abilities to support, but the
government must be secured against these malicious attacks.
‘You say that you are not conscious of having acted from
malicious motives. Tt may be so; saying so, we must believe