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

B12 X. AMERICAN STATE TRIALS,

offers, I have hitherto, neither accepted nor rejected. If the
eourt should impose a fine beyond my ability to pay, I shall
accept them without hesitation; but if the fine be within my
circumstances to discharge, I shall pay it myself. But the
insinuations of the court are i] founded, and if you, sir, from
misapprehension or misinformation have been tempted to
make them, your mistake should be corrected.

Juves Perms. I think we have nothing to do with par-
ties; we are only to consider the subject before us. I wish
you had thought proper to make an affidavit of your prop-
erty. I have nothing to do sitting here to inquire whether a
party in whose favor you may be, or you, are to pay the fine.
T shall only consider your cireumstances and impose a fine
which I think adequate; we ought to avoid any oppression.
It appears that you depend chiefly upon your profession for
your support. Imprisonment for any time would inerease
the fine, as your family would be deprived of your profes
sional abilities to maintain them.

Jupge Cuasz, We will take time to consider this, Mr.
Cooper, you may attend here again,

May 1.

The Court sentenced Mr. Cooper to pay a fine of four
hundred dollars; to be imprisoned for six months, and at the
end of that period to find surety for his good behavior, him-
self in a thousand and two sureties in five hundred dollars
each.

Mr. Cooper’s defense, which was so written out by himself as to
make up a review of the whole administration, attracted great al-
tention, and his imprisonment for an offense thought so trivial, was
a popular subject for electioneering declamation, President Adams
himself thought the thing had gone too far and wonld have par-
doned him had not Mr. Cooper issued a letter in which he told him
that so far from asking for clemency he would not aceept it unless
coupled with an acknowledgement by the President of the breach
of good faith which the publication of tho alleged provacatory
letter involved. Of course, nothing could be done but let the im-
prisonment run out, This it did and the fime was paid, Forty
years afterwards at the same time with that imposed upon Lyon
(see 6 Am. St. Tr., 687), it was repaid with interest. Wharton's
State Trials, p. 670.