Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN
096 Slide – American State Trials 1918 Volume X Leo Frank Document
64X. AMERICAN STATE TRIALS.he woke wp. As far as I sawhis condition ‘was the same afterthe psroxysm at Portsmouth asat Baltimore. Saw him again inthe same condition at Claysville,Ky. The day of that fit he wasmore excitable than I had…
097 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWAED D.WORRELL. 65id. Would pat my handsover his eyelids, and it seemedto compose him. He would con-tinnally talk, eall over the rollof soldiers, and almost invaria-bly call constantly on Lieut. Clarkand ask if his horse was readyfor him to go…
098 Slide – American State Trials 1918 Volume X Leo Frank Document
66X. AMERICAN STATE TRIALS.The mental symptoms were notchanged materially after theparoxysm was over, in the caseswhich I have seen. Epilepay iscaused sometimes by mechanicalviolence, a8 a stroke or blow onthe head, sometimes by grief,joy, fear, fright, or soon. All thepassions,…
099 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL.87easy, If I understand the dutiesof first sergeant, he could not bean imbeeile, as t have defined it,without its having been foundout,Hr. Wright. Suppose it wasaneertain whether the man whoappropriated the property hadanything to do with the deed,that…
100 Slide – American State Trials 1918 Volume X Leo Frank Document
68X,. AMERICAN STATE TRIALS.Cross-ezamined, Have neverseen epilepsy combined with theform of insanity known as irre-sistible impulse. There is a formof insanity known as homi-cidal mania, when a person know-ing xight from wrong has nopower over the will, Never knewan epileptic…
101 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL.69not be continued in such an of-flee. If the reeruiting officer didhis duty, a person so afflictedcould not be enlisted.Charies T. Clark. Reside etFort Leavenworth; am quarter-master sergeant in U. 8. Army.Know prisoner; Knew bim atFort Leavenworth. He…
102 Slide – American State Trials 1918 Volume X Leo Frank Document
70&, AMERICAN STATE TRIALS.it up to him. Have seen Worrellsinee at St. Louis and have hadconversation with him. Worrellrecognized me and recollected thehorse trade. Asked him if hedid not think he ought to payme my money back again. Hesaid he…
103 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWAED D. WORRELL.71eame back that night. Had noJong or continuous conversation‘with Worrell while he was there.Don’t profess to be a good judgeof insanity. Know it when Igee it plain, I saw no effort onhis part to conceal himself. Itwas very…
104 Slide – American State Trials 1918 Volume X Leo Frank Document
q2 X. AMERICAN STATE TRIALS,ME. GALE, For THE STATE.Mr. Gale. Gentlemen of the jury: It becomes neces-sary for me, as the cireuit attorney of this district, to saysomething toe you in this important ease. After the lengthof time you have…
105 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 13years. We all read lately of Huntington in New York, awealthy nabob, who had for years been practicing forgery.He set up insanity as his defense. Who is to judge of thisbut the jury? Judge Coalter only stated…
106 Slide – American State Trials 1918 Volume X Leo Frank Document
i74 YY. AMERICAN STATE TRIALS.and premeditation to make it murder in the first degree. Thisforms the legal definition of malice: the concurrence of thesestates of mind and intention. On hearing this, I suppose yourminds are prepared to investigate an analysis…
107 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D, WORPELL. 1Brel The defense has taken a wide range, to which we haveinterposed no objection, beginuing as far back as 1831, Wehave on the part of the State come up step by step, day today, month to month,…
108 Slide – American State Trials 1918 Volume X Leo Frank Document
76 &X. AMERICAN STATE TRIALS.you longer. I cannot anticipate Major Wright's defense. Hewill be elaborate and entertaining; he will read many cases.Té he satisfies you the prisoner was insane at the time of thekilling, acquit him. Otherwise you must find…
109 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 17murder; but you are still left in the dark. The prosecutionis moved to the law only by the point of the bayonet, and itwill not budge an inch further than the practical punctureof the instrument forces ft.…
110 Slide – American State Trials 1918 Volume X Leo Frank Document
78 X, AMERICAN STATE TRIALS.and not a fact guessed at by you, or inferred, implied or pre-sumed by the law in the absence of knowledge. Can it befound in the evidence you have heard? The evidence ispurely circumstantial. The State…
111 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL, 79to be reasonable. Thus this inference of the witnesa is madethe starting point in the process of reasoning by the juror;and if wrong, in fact, secures error throughout the processof induction.A Dutch ambassador told the King of…
112 Slide – American State Trials 1918 Volume X Leo Frank Document
80 X. AMERICAN STATE TRIALS.should to a moral certainty exclude every hypothesis but theone proposed to be proved.’’ (1 Starkie 5-11, 512.) Lastly,‘Circumstantial evidence ought in no case te be relied on,where direet and positive testimony is within the power…
113 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWAED D. WORRELL. 81you knowt Can you answer met If you answer (as theprosecution has asserted by indictment and by speech) oneof the two, Braff or Worrell, killed him, the answer showsthat the evidence is inconclusive; upon such answer you…
114 Slide – American State Trials 1918 Volume X Leo Frank Document
82 X. AMERICAN STATE TRIALS.but it is whether every other hypothesia is actually excluded,excluded to a moral certainty. That is the question! Thatis the question! And the enlightened conscience of everyjuror must answer it as he would answer it if…
115 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 8&3duty of searching diligently, anxiously, honestly. If youreason badly, it is fatal. If you do not imagine well, it isfatal; and yet, cireumstantial evidence is lauded as the guideof safety in the most awful of human inquiries!Jurors,…
116 Slide – American State Trials 1918 Volume X Leo Frank Document
84 &. AMERICAN STATE TRIALS.gentlemen! Peep with the eyes of the mind through theinfinitely possible combination of circumstances, and group to-gether facts in such wise as to save her. She is innocent! Shethas shed no blood! She was asleep when…
117 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 85pothesis but her guilt was not excluded. But it never oc-curred to him to suggest to the jury, that as the house inwhieh the woman was murdered stood upon an alley, on theopposite side of which was…
118 Slide – American State Trials 1918 Volume X Leo Frank Document
86 X. AMERICAN STATE TRIALS.all perish in the same way. The fate of the unhappy girltells the whole story. If we cannot profit by it, the instruc-tions of a wider experience would be useless. If the advocatein her ease had…
119 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D,. WORRELL. 87without doubt rent in pieces”? The coat was Joseph’s, butall that followed was error made up of one false act, andfalse reasoning from the known to the unknown. The bloodwas the blood of a kid, not that…
120 Slide – American State Trials 1918 Volume X Leo Frank Document
88 X. AMERICAN STATE TRIALS.Now, jurors, let us inquire if every possible hypothesisbut the one sought to be proved is satisfactorily negativedin this case. Gordon died from a single shot wound in thehead; it was in the back part of…
121 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWAED D. WORRELL. 89you going to hang a man on your best solution? That isprecisely what was done by the jury who murdered the inno-cent girl; by Jacob; by every jury and every man that evererred, fatally erred, on circumstantial…
122 Slide – American State Trials 1918 Volume X Leo Frank Document
90 XY. AMERICAN STATE TRIALS.a case in which government itself fails in the end and objectfor which it alone was created—it is the “‘immedicable vul-nus’’ of a State.You will remember, jurors, that the law does not requireproof of these hypotheses.…
123 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 91erring reason of a juror, as he is passing from the known tothe unknown. And when you attempt to place yourself inthe position of my supposed spectator of the scene, and fromyour seats here undertake to see…
124 Slide – American State Trials 1918 Volume X Leo Frank Document
92 X. AMERICAN STATE TRIALS,sider the inquiry, ‘‘Was Worrell a responsible being at thetime of the homicide!’’T have already admitted the diffieulty which meets me atthis point. If the prejudice invoked by the opening speechof the prosecution did not rise…
125 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 93with the letter and spirit of our laws, Heed not its counselag you value all that men should hold dear.I said in my opening that the apparent motive for thehomicide, furnished by the appropriation of the property…