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

748 X. AMERICAN STATE TRIALS.

to me that the whole aim of Perez was to give a deeper hue to
the crime with which these prisoners were charged. The ear-
rying of knives by Spanish sailora could excite no suspicion
in the breast of any one, if it was a customary thing. We
cannot account for such evidence in any other way than by
believing that he feared, should these men be discharged that
his own imprisonment might be protracted. Perez also tells
you, gentlemen, that the carpenter stove the American boat
with something heavy, like a piece of wood; and afterwards
he states that it was done with an axe, which was carried on
‘board to scuttle the brig with. Now, is not such an instra-
ment a8 an axe wholly unfit for such a purpose as the scut-
tling of a vessel? Again, this witness tells you he does not
know who shut the men below on board the brig, and yet he
tells you he could see the padlock with which the scuttle was
fastened, but does not know who shut it down. And Capt.
Butman in his printed statement says that the scnttle never
was shut. On another occasion he tells you he was aloft to
gee all that was done on board the Mexican, and afterwards
gives this ag a reason for not seeing any thing. He also says,
that when in the top he could not see what shoes the boatewain
were; yet he could plainly see a padlock on board the Mex-
ican. [The Court here remarked that Perez said he could not
see the padlock, but was told about it by others. This was
also confirmed by Mr. Peyton, the interpreter, who was pres-
ent.]

Mr. Child. Perez also gives the distance of the two vex
sels aa the reason for not recognizing any of the crew of the
Mexican. Is not this wholly inconsistent with his opposite
statements? How does he account to you for having been
confined in the top so long? He tella you he was put there
for a punishment. This was a curious mode of punishment.
A person under punishment sent aloft to look out and give
notice of the approach of any vessel which might perchance
surprise them while in the commission of a daring robbery!
‘Why, how easily might he have betrayed them? I think you