Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN
876 Slide – American State Trials 1918 Volume X Leo Frank Document
836 X, AMERICAN STATE TRIALS:President of the United States) with his (meaning the said President) twenty-five thousand dollars a year, with the petty parade ofhis (meaning the said President) birthday, with the importance ofhis (meaning the said President) name sticking…
877 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 837the independence of America the twenty-fourth, designing and in-tending to defame the President of the United States, and to bringhim into contempt and disrepute, and to exeite the hatred of thegood people against him, in the district…
878 Slide – American State Trials 1918 Volume X Leo Frank Document
838 X. AMERICAN STATE TRIALS.obseurity or shine in want, ask Mr. Adams (meaning the saidPresident of the United States) whether it was proper to heap somany myriads of dollars upon William Smith, upon a paper job-ber, who next to Hamilton…
879 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 839United States] to plunge his coun-try , presidency, he has contrivedpretences to double the annual expenses of government, by uselessfleets, armies, sinecures, and jobs of every possible description.And also the’ false, scandalous and malicious words of the…
880 Slide – American State Trials 1918 Volume X Leo Frank Document
840 X. AMERICAN STATE TRIALS.efforts for provoking a French war.” And also the false, sean-dalous, and malicious words, of tenor and effect following, that isto say: “For although Mr. Adama were to make a treaty with France, yet such isthe…
881 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER, 841cite the hatred of the good people of the United States towardshim. It will be for you, gentlemen of the jury, in this caseto determine whether the traverser has, or has not, been thepublisher of this paper.…
882 Slide – American State Trials 1918 Volume X Leo Frank Document
842 X,. AMERICAN STATE TRIALS.tion. He would, therefore, beg leave to make it known tothose who were in any degree implicated, that they are notbound to accuse themselves, and may withhold, if they thinkproper, such part of their evidence as…
883 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER.843the handwriting of Mr. Callen-der; have seen Mr. Callenderwrite; Mr. Callender once tookthe debates in the House of As-sembly for me,(The book and manuseriptsheets were compared, and foundto correspond.)Meriwether Jones. Had neveryvead the book till after the pre-sentment…
884 Slide – American State Trials 1918 Volume X Leo Frank Document
844 X. AMERICAN STATE TRIALS.my stating to the court the reasons which have led me to this con-clusion, may subject me to the imputation which has more than onesfallen from the bench. It has been the pleasure of the court…
885 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER, 845given of & prosecution by information against the Chevalier De Ou,for publishing a libel against the Count de Guerehy, ambassadorfrom Franee. The prosecution was commenced in the Court ofKing’s Bench. The information states the title, the name…
886 Slide – American State Trials 1918 Volume X Leo Frank Document
846 X. AMERICAN STATE TRIALS.the charge be accurately specified, it is impossible for him to defend himself. In support of this indictment, evidence ss to eitherease might be brought forward.If in the indictment he had been charged with publishing a…
887 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 847Jupaz Cuase requested Mr. Hay to point out these partsof the authorities referred to, on which he relied to establishhis doctrine. .Mr. Hay. If the court will have a little patience I villfind the places.Juvex Case. I…
888 Slide – American State Trials 1918 Volume X Leo Frank Document
848 X. AMERICAN STATE TRIALS.President of the United States, and to bring him into con-tempt and disrepute, and to excite the hatred of the goodpeople of the United States against him, did wickedly andmaliciously write, print, utter and publish, a…
889 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 849defendant should be explicit? It is that he may clearly eom-prehend it, and be prepared to make his defense. It is notnecessary for this purpose to recite the name of the libel.The charge against the traverser is…
890 Slide – American State Trials 1918 Volume X Leo Frank Document
850° X. AMERICAN STATE TRIALS.title, must be copied in the indictment verbatim et literatim.I wonder you did not add e¢ punciuetin also. There is noreal variance, and there is an end of the objection. You aremistaken. I pronounce this to…
891 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 851Mr. Nelson, Although the paper is long and complicated,the testimony is not so. The testimony, as I stated to you be-tore, is concise, plain, and correct. If there be a man who,now that he has heard that…
892 Slide – American State Trials 1918 Volume X Leo Frank Document
852 X. AMERICAN STATE TRIALS.whether this libel was published by the traverser, it will beuselesa for me to address him; if there be a man who doubtson that point, his mind must be imperviable to the traits oftruth; his mind…
893 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 853eism and prejudice. If no doubt remain on this point, the ques-tion first in order to be examined is decided. Whether there beroom for doubt, a summary review of the testimony will ascer-tain, Can there be a…
894 Slide – American State Trials 1918 Volume X Leo Frank Document
854 X. AMERICAN STATE TRIALS.they sold them for his benefit, and that he received themoney? When it has been proved that he received themoney from one purchaser himself, and that he paid forprinting part of it—that part of the manuscript…
895 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 855joint publisher with himself, and another witness declared,that he explained the meaning of a certain term, supposed.to be ambiguous in its application, is it possible to entertainany doubt! Thus stands the evidence as to the publication.It will…
896 Slide – American State Trials 1918 Volume X Leo Frank Document
856 &. AMERICAN STATE TRIALS.will decide the second question. Whether your hearts are atease—whether your passions are untouched—- whether yourfeelings are unaffected, now that you have fully heard thecharge, you best know. It remains only now for me, gentle-men of…
897 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 857Junce Cuase. I desire to know what you intend to proveby the witnesa.Mr. Hay. We intend to examine Colonel Taylor to provethat he had avowed principles in his presence which justifiedMr. Callender in saying that the President…
898 Slide – American State Trials 1918 Volume X Leo Frank Document
858 &X. AMERICAN STATE TRIALS.tions meant to be put,” and which were propounded by Mr.Nicholas, declared Colonel Taylor’s evidence to be inadmis-sible. No evidence, he said, ia admissible that does not justi-fy the whole charge. The charge you mean to…
899 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 859granting you a writ of error in the Supreme Court. It is onthese grounds that I reject the evidence of the gentleman.The very argument assigned by the young gentleman whospoke last, has convinced my mind that I…
900 Slide – American State Trials 1918 Volume X Leo Frank Document
860 X. AMERICAN STATE TRIALS,opinion given by the court I understand to be, that evidencecannot be produced by the traverser to prove the truth of apart of a charge; but if evidence could be adduced to provethe whole, then such…
901 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 861other testimony, however irregular or improper, might alsobe admitted; and, particularly, that it would be a departurefrom the universal principle of law, which required the pro-duetion of the best testimony which the nature of every caseadmitted, and…
902 Slide – American State Trials 1918 Volume X Leo Frank Document
862 2. AMERICAN BTATE TRIALS.to them, whether they have the right to determine the Jaw, agwell as the fact. In Virginia, an act of the assembly hasadopted the common law of England ; that common law, there-fore, posseases in this…
903 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 863or nullity of a law would be urged. I have, therefore, de-liberately considered the subject, and I am ready to explainmy reasons for concluding that the petit jury have not aright to decide on the constitutionality of…
904 Slide – American State Trials 1918 Volume X Leo Frank Document
964 XY. AMERICAN STATE TRIALS.as the task may be, I shall offer a few observations to showthat they have this right. I intend to defend Mr. Callenderby the establishment of two points.First, that a law contrary to the Constitution is…
905 Slide – American State Trials 1918 Volume X Leo Frank Document
JAMES THOMPSON CALLENDER. 865cording to the dictates of conscience and the laws of theeountry, and to control them would endanger the right ofthis most invaluable mode of trial.T have understood that some reliance would be placed ontwo decisions of the…