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

824 X. AMERICAN STATE TRIALS.

all. The Court had declared the evidence of Mr. Giles to
be material, not only in express terms, but by a partial
postponement, and inferred that the trial ought not to take
place until his personal attendance could be procured.

Mr. Hay then asked the attention of the Court to other
reasons, which satisfied his own mind, that the motion ought
to be granted.

The laws and customs of the State of Virginia were in
favor of the motion. In this State when an indietment for
misdemeanor is found, the party is not arrested and brought
into court, but a summons issues returnable to the sueceed-
ing court. In the interval the party has time to collect and
prepare the materials for his defense. It was true, as to
himself, that he had long ago formed a determination to
appear in behalf of the first man who should be indicted
in this State for a libel under the sedition law. He had
formed this resolution because he was convinced, after the
most mature deliberation, preceded by a calm and temper-
ate investigation of the aubject with gentlemen who dif-
fered from him in political sentiment, but were of the first
characters for talents, that the second section of the sedi-
tion law was unconstitutional. But he had never supposed
the trial would take place immediately after the prosecu-
tion was commenced, and therefore, though he was ready
to diseuss the question concerning the ‘‘rights of the jury
to decide the law of the ease,’’ and the question concerning
the constitutionality of the law, he was not ready to state
and to comment on the evidence on which the traverser re-
lied. This had been already asserted to the court. But
there was another point worthy of notice. He was not
ashamed to acknowledge, he said, that he was but little
acquainted with the doctrine of libels. Happily for the re-
pose of people, no instance had occurred in this State which
had turned the attention of professional men to that sub-
ject. In the little time, therefore, that had elapsed since
the traverser had been arrested, he had not had leisure to
examine a point which appeared to him to merit some con-
sideration.