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

786 X¥. AMERICAN STATE TRIALS.

motives a foul and infamous libel on the character of the
President; of exciting against him the hatred and contempt of
the people of this country, by gross and malicious falsehoods
—-then, indeed, would it be his duty to bring before me this
tribunal, it would be yours to convict, and the duty of the
court to punish me.

But I hope, in the course of this trial, I shall be enabled to
prove to your satisfaction, that I have published nothing
which truth will not justify. That the assertions for which I
am indicted are free from malicious imputation, and that my
motives have been honest and fair.

You will observe, gentlemen of the jury, that the law re
quires it to be proved as a necessary part of the charge, that
the passages for which I am indicted should be false and
scandalous, and published from malicious motives. And be
fore you will be able, consistently with your oaths, to conviet
upon this indietment, you must be thoroughly satisfied that
both these parts of the charge are well founded. Nor does it
appear to be that the expression of the act, to bring the Presi-
dent into contempt, can be fulfilled, if the aceusation, as in
the present instance, related to an examination of his public
eonduct, and no improper motives are imputed to him. And
that T have carefully avoided imputing any impropriety of
intention to the President, even in the very paper complained
of; that the uniform tenor of my conduct and language has
been to attribute honesty of motive even where I have strongly
disapproved of the tendency of his measures, I can abundantly
show.

You, and all who hear me, well know that this country is
divided, and almost equally divided, into two grand parties;
usually termed, whether properly or improperly, Federalists
and Anti-Federalists; and that the governing powers of the
country are ranked in public opinion under the former de
nomination—of these divisions, the one wishes to increase, the
other to diminish, the powers of the executive; the one thinks
that the people (the democracy of the country) has too much,