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

108 X. AMERICAN STATE TRIALS.

to commit a felony, and as he is not so charged in the indiet-
ment, he cannot be convicted of murder in the first degree.

3d. That there is no evidence of express malice, which
is essential to constitute murder in the first degree.

4th That admitting that Worrell committed the offense
charged in the indictment, still he was at the time laboring
under mental alienation, or that condition of mind called
homicidal monomania, complicated with epilepsy.

I shall endeavor in my argument to follow the path the
learned counsel has opened for me, and take up each prop-
osition in the order in which he has discussed them.

It is in evidence that Sturgeon and Walker left St. Louis
for St. Charles in the train on the 13th of January, 1856,
for the purpose of taking a trip up the line of the North Mis-
souri Railroad as far aa its intersection with the Hannibal
& St. Joseph Railroad. Gordon was to accompany them and
started from St. Louis on horseback. Previous to starting
he purchased, at the suggestion of Walker, a pair of fur
gloves, similar to those shown in court by Walker. The three
met in St. Charles on the evening of the same day and stayed
all night at the house of Mr. Wentz, a division engineer. On
the next morning (the 14th) Walker, Sturgeon, Gordon,
Wentz, Pratt and a negro boy belonging to Wentz started up
the line of the road. On reaching Burlington, in the north-
ern part of Boone County, they had two daguerrotypes taken,
each containing a group. They then proceeded up to the in-
tersection, and it was arranged that on Gordon’s return he
should take one of the daguerrotypes (which had been left
with the artist to be finished) to St. Charles to be deposited
in the office of Wentz, The party started back and reached
Huntsville, in Randolph County, on the evening of the 20th.
On the next day (21st) about noon they left Huntsville;
‘Walker, Sturgeon and Pratt for Jefferson City, and Gordon
for St. Louis. Wentz had a short time before started down
the line of the road, and at Warrenton sent the negro boy
ahead to St. Charles. Walker’s party remained one day in
Jefferson City and then started for St. Louis by way of the
Pacific Railroad, reaching the latter place on the 26th. They