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

866 X. AMERICAN STATE TRIALS.

bar. The arguments, your Honor, which I shall urge, I shall
address to the court, not wishing to be heard by the jury, or
to be attended to by the numerous auditory now present. A
question of great importance depends on this decision; much
of the public happiness, of the public peace, of the public lib-
erty, depends on the final decision which shall be pronounced
on this subject. I entertained doubts at first; but a calm and
dispassionate inquiry, and the most temperate investigation
and reflection, have led me to believe and to say, that the jury
have a right to determine every question which is necessary
to determine, before sentence ean be pronounced upon the
traverser. I contend that the jury have a right to determine
whether the writing charged in the indictment to be false,
seandalous and malicious, be a libel or not. If this question
should be decided in the affirmative by the court, I shall en-
deavor to convince the jury that it is not a libel, because
there is no law in force, under the government of the United
States, which defines what a libel is, or prescribes its punish.
ment. It is a universal principle of Jaw, that questions of
law belong to the court, and that the decision of facts belongs
to the jury; but a jury have a right to determine both law
and fact in all cases,

oper Cuask asked Mr. Hay whether he meant to extend
his proposition to civil as well ag criminal cases, and told him
that if he did, the law was clearly otherwise.

Mr, Hay said he thought the proposition universally true,
‘but it was only necessary for him te prove it to be true in
eases of a criminal nature.

Jovez Cras again interrupted Mr, Hay, and briefly ex-
pressed hia opinion of the law. Mr. Hay folded up and put
away his papers, seeming to decline any further argument.

Jupex CHase requested him to continue his argument, and
added: ‘‘Please te proceed, and be assured that you will not
be interrupted by me, say what you will.’”

Mr. Hay refused to proceed.

Jupan Crass observed, that though he thought it his duty
to stop the counsel when mistaking the law, yet he did not