Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN
486 Slide – American State Trials 1918 Volume X Leo Frank Document
454X. AMERICAN STATE TRIALS.saing end crying, “damn them,they dare not fire, we are notafraid of them”; one of thesepeople, a stout man with a long,cord-wood stick, threw himselfin, and made a blow st the of-ficer; saw the officer try to…
487 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 455ning, upon returning home, sawa number of people round thesentinel, making use of oppro-brions language and threaten-ings; I desired them to go off,and said the consequence wouldbe fatal if they did not; somefew snow balls…
488 Slide – American State Trials 1918 Volume X Leo Frank Document
456X. AMERICAN STATE TRIALS.said there was no fire, but heunderstood the aoldiers werecoming up to eut down libertytree! then went ont to make inairy; fore got inting street, met Mr, Walker theship carpenter, and askedwhat the matter was; he saidly…
489 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 457appeared to me there were sevenin all. When the last gun wasdischarged I realized I was my-eelf wounded and went into thehouse.December 1.Joseph Hinckley, On the eve-ning of 6th of heard thebells ring, went out…
490 Slide – American State Trials 1918 Volume X Leo Frank Document
458X. AMERICAN STATE TRIALS.boys were in the front, and themen in the rear; several peoplewere ranning about the streeta,and the cry was damn the ras-cals. Some said this will neverdo, the readiest ‘way to get rid ofthese people is to…
491 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 459THE SPEECHES FOR THE PRISONERSDecember 3.Mr. Josiah Quincy, Jr. May it please your Honora, andyou, Gentlemen of the Jury: We have at length gonethrough the evidence in behalf of the prigoners. The wit-nesses have placed…
492 Slide – American State Trials 1918 Volume X Leo Frank Document
460 X. AMERICAN STATE TRIALS.there now is to alter our sentiments. Will any sober, pru-dent man countenance the proceedings of the people in Kingstreett Can any one justify their conduct? Is there anyone man, or any body of men, who…
493 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 461soldier!’ Not ‘here is the soldier who haa injured us—bereigs the fellow who wounded the man in Cornhill.” No, thereasoning or rather ferment seems to be, the soldiers havecommitted an outrage, we have an equal…
494 Slide – American State Trials 1918 Volume X Leo Frank Document
462 X. AMERICAN STATE TRIALS,sion of the person thus attacked; and the law goes not uponthe absurd supposition, that a person can in these cireum-stances thman himself, Hence we find, if a husband, takinghis wife in the act of adultery,…
495 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 463truth by analyzing the evidence, and arranging it under dis-tinct heads of enquiry.?Gentlemen of the Jury, after having thus gone throughthe evidence, and considered it as applicatory to all andevery of the prisoners, the next…
496 Slide – American State Trials 1918 Volume X Leo Frank Document
464 X. AMERICAN STATE TRIALS.And here, gentlemen, let me again inform you, that the lawwhich is to pass upon these prisoners, is a law sdapting itselfto the human species, with all their feelings, passions, andinfirmities; a law which does not…
497 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 465crawls upon the earth, was touching indeed a tender point.To be stigmatized with having smarted under the lash at thehalbert; to be twitted with so infamous an ignominy, whichwas either wholly undeserved, or a grievance…
498 Slide – American State Trials 1918 Volume X Leo Frank Document
466 X. AMERICAN STATE TRIALS.any thing done on the part of the assailants, similar to theconduct, warnings, and declarations of the prisoners? An-swer for yourselves, gentlemen. The words, reiterated allaround, stabbed to the heart; the actions of the assailantstended to…
499 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 467rule which, if taken in its strict literal latitude, would implythat a man killing another in self-defense, would incur thepains of death. A doctrine which no man in his senses wouldever embrace; a doctrine that…
500 Slide – American State Trials 1918 Volume X Leo Frank Document
488 X. AMERICAN STATE TRIALB.assembly is answerable only for his own act, and not for anyother. On the contrary, if an assembly be unlawful, the actof any one of the company, to the particular purpose of as-sembling, is chargeable on…
501 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 469I have gone through those authorities in law, which Ithought pertinent to this trial. I have been thus lengthy, notfor the information of the Court, but to satisfy you, gentle-men, and all who may chance…
502 Slide – American State Trials 1918 Volume X Leo Frank Document
470 X. AMERICAN STATE TRIALS,we do not wish to extend matters so far. We cite this authorto show the world that the grestest friends to their country,to universal liberty, and the immutable rights of all menhave held tenets and advanced…
503 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 471judge with a becoming temper of mind; remembering thatthey, who are under oath to declare the whole truth, thinkand act very differently from bystanders, who, being underno ties of this kind, take a Iatitude which…
504 Slide – American State Trials 1918 Volume X Leo Frank Document
472 X. AMERICAN STATE TRIALS.to recollect with what temper the law requires we shouldproceed to this trial ‘The form of proceeding at theirarraignment has discovered, that the spirit of the Jaw uponsoch occasions, is conformable to humanity, to common senseand…
505 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMUS AND SEVEN OTHERS. 473tion. Quod dubitas ne feceris; where you are doubtfulnever act; that is, if you doubt of the prisoner’s guilt, neverdeclare him guilty; this ia always the rule, especially ineases of life. Another rule from the…
506 Slide – American State Trials 1918 Volume X Leo Frank Document
474 %. AMERICAN STATE TRIALS.I shall now consider the several divisions of law, underwhich the evidence will arrange itself.‘The act now before you is homicide, that is, the killing ofone man by another; the law calls it homicide, but it…
507 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 475implanted it there, and we can annihilate ourselves, as easilyas root out this affection for ourselves. It is the first andstrongest principle in our nature; Blackstone calls it ‘“‘theprimary canon in the law of nature.”’…
508 Slide – American State Trials 1918 Volume X Leo Frank Document
476 X. AMERICAN STATE TRIALS.is justifiable. The injured person may repel foree by foreeagainst any who endeavor to commit any kind of felony onhim or his; here the rule ie, I have a right to stand on myown defense, if…
509 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 477were against you; that the people about you, thought youeame to dragoon them into obedience to statutes, instructions,mandates and ediets, which they thoroughly detested; thatmany of these people were thoughtless and inconsiderate, oldand young, sailors…
510 Slide – American State Trials 1918 Volume X Leo Frank Document
478 X. AMERICAN STATE TRIALS.‘Where a known felony, is attempted upon the person, beit to rob, or murder, here the party assaulted may repel forcewith force, and even his own servant then attendant on him,or any other person present, may…
511 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMHS AND SEVEN OTHERS. 479the law to act upon unavoidable necessity; but also he whobeing assaulted in such a manner, and in such a place, thathe cannot go back without manifestly endangering his life,Kills the other without retreating at…
512 Slide – American State Trials 1918 Volume X Leo Frank Document
480. X. AMERICAN STATE TRIALS.at certain critical seasons, even in the mildest government,the people are liable to run inte riots and tumults. Thereare church quakes and state quakes, in the moral andpolitical world, as well as earthquakes, storms and tempeata,in…
513 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMUS AND SEVEN OTHERS. 481In the case here, we will take Montgomery, if you please,when he was attacked by the stout man with the stick, whoaimed it at his head, with a number of people round him,erying out, kill…
514 Slide – American State Trials 1918 Volume X Leo Frank Document
482 ¥. AMERICAN STATE TRIALS.all principal here, therefore there is a reversal of the scene;if you are satisfied that these soldiers were there on a lawfuldesign and it should be proved any of them shot without pro-vocation and killed any…
515 Slide – American State Trials 1918 Volume X Leo Frank Document
WILLIAM WEMMS AND SEVEN OTHERS. 483of Pudsey, reported by Crompton, and cited by Hale, turnedupon this point. The offenses they respectively stood chargedwith as principals, were committed far out of their sight andhearing: and yet both were held to be…