Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN


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

806 X. AMERICAN STATE TRIALS.No court of justice here has jurisdiction over the crime ofmurder committed on board a British ship of war. Now, asthe requisition was made to the President on the part of theBritish government to deliver this…

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

THOMAS COOPER. 807France—neither of these can, with any propriety, be calleda standing army. In fact, we cannot have a standing armyin this country, the Constitution having expressly declaredthat no appropriation shal! be made for the support on anarmy longer than…

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

808 X. AMERICAN STATE TRIALS.ments of attachment and confidence in the President, andtheir determination to resist the oppression of the Frenchgovernment: the President replied to them, in answers whichgenerally were the echo of their sentiments, and in fact, hisexpressions were…

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

THOMAS COOPER. 809United States, you must acquit him; if he haa proved thetruth of the facts asserted by him, you must find him notguilty.THE VERDICT AND SENTENCE.The Jury retired and returned with a verdict of Guilty.Jupaz CHasz, Mr. Cooper, as…

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

810 X. AMERICAN STATE TRIALS.sorry you did not think proper to make an affidavit in regard to your circumstances; you are a perfect stranger tothe court, to me at least. I do not know you personally—Iknow nothing of you, more…

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

THOMAS COOPER. 811you; but, the jury have found otherwise. You are a gentle-man of the profession, of such capacity and knowledge, asto have it more in your power to mislead the ignorant. I donot want to oppress, but I will…

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 theeourt should impose a fine beyond my ability to pay, I shallaccept them without hesitation; but if the fine be within mycircumstances to discharge, I shall pay…

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

THE TRIAL OF JAMES THOMPSON CALLEN-DER FOR SEDITIOUS LIBEL, RICH-MOND, VIRGINIA, 1800.THE NARRATIVE.This was the last of the great trials under the FederalSedition Act,* and the most celebrated. The libel was di-rected against the President of the United States, and…

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

814 X. AMERICAN STATE TRIALS.lous literary hack, whose scurrilous pen was at the serviceof the highest bidder. To read his book, ‘‘The ProspectBefore Us,”’ and say the writer was not guilty of sedition‘was impossible; but what became of Callender was…

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

JAMES THOMPSON CALLENDER. 815And the reckless conduct of Judge Chase in the court roomean only be explained by his knowledge that it was to be astruggle to the death between himself and the distinguishedlawyers which Virginia had sent against him:…

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

816 XY. AMERICAN STATE TRIALS.Then Chase grew angry and, as he would have said, tookthe lawyers in hand. When Mr. Hay argued that Giles’ evi-dence would help to determine whether Callender’s pamph-let consisted of libelous statements or merely questions ofopinion,…

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

JAMES THOMPSON CALLENDER. 817his objections, but virtually promised the hesitating wit-nesses immunity as a reward for their confessions.Having proved that the prisoner was the author of ‘TheProspect Before Us,’’ the prosecution next introduced thewhole pamphlet in evidence. The defense protested,…

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

818 X. AMERICAN STATE TRIALS.endeavor to take advantage of the existing prejudiceagainat the Sedition Law. But when Mr. Wirt began toargue against the constitutionality of the law, Chase or-dered him to his seat, and he quietly obeyed.“Hear my words!’ shouted…

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

JAMES THOMPSON CALLENDER. 819& fine of two hundred dollars, and required to find sure-ties for good behavior for a period of two years.Five years later Chase was impeached before the Senateof the United States for oppressive and vexatious conductduring the…

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

820 X. AMERICAN STATE TRIALS.The same aystem of persecution has been extended all over thecontinent, every person holding an office must either quit it, orthink and vote exactly with Mr, Adams, Adams and Washingtonhave since been shaping a series of…

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

JAMES THOMPSON CALLENDER, 821ty-five thousand dollars a year, with the petty parade of his birth-day, with the importance of his name sticking in every other pageof the statute‘book. Alas! he ia not an object of envy, bat of com-passion and…

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

822 X. AMERICAN STATE TRIALS.Mr, Nickolas presented an affidavit made by the prisoner andmoved for a continuance. The affidavit alleged that the followingpersona are material witnesses in his defense, viz,: William Gard~-her of Portsmouth; Tench Coxe of Philadelphia; Judge Bee…

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

JAMES THOMPSON CALLENDER, 823and also that he ean prove, by the said William B, Giles, that thePresident of the United States has avowed, in conversation withhim, » sentiment to this effect, that he thought the executive de-partment of the United…

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 tobe material, not only in express terms, but by a partialpostponement, and inferred that the trial ought not to takeplace until his personal attendance could be…

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

JAMES THOMPSON CALLENDER. 825The second section of the sedition law made falsehood aswell as scandal and malice an essential part of every libel,and by the last sentence the party aceused is allowed toshow in his justification the truth of the…

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

826 X. AMERICAN STATE TRIALSsaid of another that he was a thief, the person making thecharge might support it by proving that the party accusedhed taken property secretly, without the consent or knowl-edge of the owner. About evidence in a…

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

JAMES THOMPSON CALLENDER. 827ferent political opinions, furnished with the same materialsof information, would form conclusions diametrically oppo-site. Let them take for their guide the vindication of theConstitution of the United States. Many were perfectlysatiafied that the President of the United…

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

828 X, AMERICAN STATE TRIALS.dent, wished that the executive had power to control thepublic will.This teatimony, when compared with the books of thePresident, will substantiate the charges in the book writtenby Mr. Callender. it will go strongly to a confirmation…

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

JAMES THOMPSON CALLENDER. 829strate that the decision is right; for if the defendant befound guilty when his witnesses are absent, and counselunprepared, the verdict will not satisfy the public mind ofhis guilt.Jvupez Case. It is wholly improper to go back…

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

830 X. AMERICAN STATE TRIALS.sel are unprepared to defend the traverser. You showyourselves to be men of ability, and there is no difficulty inthe cause; but you say that you are not ready to discuss thedifference between fact and opinion:…

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

JAMES THOMPSON CALLENDER. 831on the second trial, every juryman was called to say whetherhe had formed any opinion on the subject or not?Joven Cuase. My construction of the law is quite the con-trary. I have always seen triers sworn to…

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

882 ¥. AMERICAN STATE TRIALS.The first juror was sworn, and the JupeE put the following quee-tion to him: “Have you ever formed and delivered an opinion uponthe charges contained in the indictment?’ The juror answered,that he had never seen the…

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

JAMES THOMPSON CALLENDER. 833mylished the hook—that the chargea were false, seandalous and mali-cious, and that he wrote them with intent to defame, aud that if hecould prove the charges he must be acquitted. The same question,“whether they had formed and…

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

834 X. AMERICAN STATE TRIALS.verted, as he said, to the presidential (meaning the said Presidentof the United States) system, that is to a French war, an Americannavy, a large standing army, an additional load of taxes, and allthe cther symptoms…

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

JAMES THOMPSON CALLENDER. 835a distinet and additional evidence that he was determined at allevents to embroil this country with France.” And also the false,scandalous, and malicious words, of the tevor and effect following,that is to say, “Mx, Adams (meaning the…