Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN


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

384 X. AMERICAN STATE TRIALS.ean’t send him to the gallows upon it. It is a libel on ournature to presume without knowledge that every killing iewith malice. Although man is capable of cold-blooded assas-sination, yet naturally he recoils from the…

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

EDWARD D, WORRELL. 35the responsibility upon others. It is a thing defined in thefollowing words: ‘‘Express malice is, when one of sedate,deliberate mind and formed design, doth kill another; whichformed design is evidenced by external circumstances dis-covering that inward intention;…

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

36 X. AMERICAN STATE TRIALS.of facts the circuit attorney frankly admitted to Court andjury the offense would only be murder in the second degree,and he relied upon the subsequent flight of Jackson (who didfly and waa arrested some months after…

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

EDWARD D, WORRELL. 37it away. It is its most awful power; and because the poweris awful, its exercise demands the utmost caution. YeastGovernment may take life, but it should be fatal to the peaceof any tribunal of government to take…

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

38 X. AMERICAN STATE TRIALS.dignation so deep, and so universal, and Providence suppliedwhat indignation could not furnish.Thus in limine my friend would have your feelings pre-judge the ease. He would have you enlightened by the judg-ment—the foregone conclusion—of a ‘‘whole…

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

EDWARD D, WORRELL. 89The vindication and the eulogy are both wrong—both hurt-ful—both illegal—both disturbing elements which the lawearefally shuts out from the consideration of Court and jury.T have no word to utter against the deceased—none. The lawputs his character out…

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

40 X, AMERICAN STATE TRIALS.of Antony over the dead body of Cesar, and he is fresh fromthe interview of Hamlet with the “buried majesty of Den-mark.’’ If his poliey were like that of the artful Triumvir,who sought to inflame the…

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

EDWARD D. WORRELL. 41peal to hurtful prejudices. His work was but half done; itremains for him to shape the defense, and crush it in advance.“T know,’’ he exclaims, ‘‘there is not human power enoughto deny the guilt of Worrell—it will…

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

42 &. AMERICAN STATE TRIALS.annalst Was it that inoculated with the virus of prejudiceagainst the plea, you should look hatefully upon the proof ofitt Or were you to be so blinded by this cataract of denun-ciation as not to see…

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

EDWARD D. WORRELL. 43dle of the nineteenth century, devised by rampant guilt infraud of the gallows and the penitentiary!A man may smile at this folly as the senseless ery greetshim on the street, or he reada it in the expression…

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

44 X. AMERICAN STATE TRIALS.by intuition, not by reason. You are to cut yourself off fromthe influence of ali knowledge gained by others after longetudy and painful examination of the human mind in ruins,and trust to instinct. Your own unenlightened…

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

EDWARD D. WORRELL. 45iar with its manifestations, If there be one subject withinthe circle of disease which more than another tasks and taxesthe human mind, it is the subject of insanity. This is theopinion of every author who has written…

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

46 X. AMERICAN STATE TRIALS.advancement in this department of science who is not im-pressed with the great truth that ‘‘man is wonderfully andfearfully made.”Insanity detected by a look! There is feigned insanity,so like the real as often to baffle enlightened…

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

EDWARD D. WORRELL. © 47the joint report of all the physicians that the prisoner waa cer-tainly insene—insane at the time of the Killing.The ease farnished an admirable chance for the ‘‘looking’”’test of insanity. The counsel looked, but could not see…

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

48 X. AMERICAN STATE TRIALS,because every judge who has been on the bench in Englandwithin the last two hundred years would prescribe the favor-ite common law remedy of hanging for the disease; melan-choly, because of a soul conscious of its…

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

EDWARD D. WORRELL. 49You have been led to believe that no difficulty can attend theinvestigation of either subject, that your pathway in bothwill be as ‘‘easy aa the road to mill,’’ and that you may there-fore dismiss from your minds…

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

50 X. AMERICAN STATE TRIALS.this aspect of it necessarily creates the difficulty of the inves-tigation. How shall we distinguish between crime and insaneimpulse? May we not mistake one for the other? Is therenot danger that a mistake may be of…

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

EDWARD D. WORRELL. 51after the close of the evidence refer you to many authors. Atpresent I read to you from Ray’s Medical Jurisprudence ofInsanity, section 381:“To determine exactly the mental condition of an epileptic at themoment of his committing criminal…

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

52 X. AMERICAN STATE TRIALS.@ few diligently conceal it, or if they avoid it declare their murder-ous designs and form divers schemes for putting them in execution,testifying no sentiment of remorse or“¥, The most of them having gratified their propensity…

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

EDWARD D. WORRELL. 53the kind and gentle do not in a day grow hungry for blood.Such violent and sudden antagonisms are the surest evidenceof mental disease. The law of evidence permitting proof ofgood character in eriminal cases is founded upon…

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

54X, AMERICAN STATE TRIALS.from the appropriation of the property of Gordon is theonly fact in the cause which bears with any foree againstthe defense of insanity in this case. I shall not omit thetopic of motive when I come to…

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

EDWARD D.WORRELL. BBCounty, Mo., in the epring of1855. Told me he was a privatein Company B, Dragoons of theU. 8, Army. Desired me to makean application to the Secretaryof War for his discharge fromthe army. Appeared to be introuble, and…

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

56X. AMERICAN STATE TRIALS.There was no picture there. Howas working his fingers withoutany apparent object, and sooneommenced pulling the hair outof his head. His eyes were wan-dering, and he seemed to me evi-dently to be out of his rightmind. He…

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

EDWARD D. WORRELL.57ed with fits of any kind, Knewseveral attached to his familythat were erazy. I have knownhis father to be a very eccentricman. I have understood it to becurrent in the neighborhood thatMr. Worrell attempted to com-mit suicide; was…

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

58X. AMERICAN STATE TRIALS.now in the hospital. Don’t knowa8 to the Fountain Rock branch.George Urghart. Had somepersonal acquaintanca in 1855with Worrell; boarded in samehouse with him and his fatherand mother, He occupied partof my dental office and was con-stantly there…

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

EDWARD D. WORRELL.59known you. We arrived at Bal-timore ‘Sunday evening. Wor-rell stopped at Mrs. Elzie’s onSecond between Gay and Sonthstreets, a private boarding house.He told me he had formerlyboarded there. Next morning Imet him on Baltimore etreet—myself and a friend.…

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

60X. AMERICAN STATE TRIALS.Leavenworth; belong to the U.8. Army; am a private. KnowWorrell; knew him from thetime I met him at Columbus un-til he left Fort Leavenworth, Henever drank to get intoxicated.Don’t remember him to be morequarrelsome than what his…

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

EDWARD D.WORRELL. 61knowing it. I don’t recollect allthe persons who were present atthe ‘time of his illness in the or-derly room. A short time afterthe doctor gave him medicine hebecame calm. Don’t know whathe gave him, I don’t know whateansed…

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

62X. AMERICAN STATE TRIALS.normal condition was at Ports-mouth, Ohio, at Eldon & Barrastore in the beginning of 1850,Don’t know he bad any fits atCumberland. While there hedashed out with only one orthree dollars in his pocket towalk to California, to…

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

EDWARD D.WORRELL. 63lent, and more frequent in theforenoon. Sometimes they wouldbegin by drowsiness. Restlessif things did not go right. Hewould then have a peculiar lookin the eye. Then he would faintaway. His pulse would flutterand then intermit. I sometimesthought he…