Category: AMERICAN STATE TRIALS VOLUME 10, NINETEEN EIGHTEEN
186 Slide – American State Trials 1918 Volume X Leo Frank Document
154 X. AMERICAN STATE TRIALS.of killing alone, to establish the guilt of murder in the firstdegree. Some of the facts and circumstances from whichthe Iaw deduces the inference of malice and premeditationeonsist in the proof of the previous threats, former…
187 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 155rather an evidence of such deliberate malice. To allow topassion any extenuating quality, the proof must disclose theexistence of an adequate exciting cause, The clemency of thelaw is not extended in favor of a class of mankind,…
188 Slide – American State Trials 1918 Volume X Leo Frank Document
156 X. AMERICAN STATE TRIALS.gree, they are deduced as an implication of law, in the ab-sence of such affirmative evidence (the killing being onlyproved) and to be declared by the Court. Mere presump-tions of law arising from the absence of…
189 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D, WORRELL. 157assistance, if indeed, to watch to prevent surprise, and bythe knowledge of that fact, encourage and inspire the activeagent with confidence and resolution to do the deed. It isnot alone sufficient to render such persons liable, that…
190 Slide – American State Trials 1918 Volume X Leo Frank Document
158 X. AMERICAN STATE TRIALS.& degree as te deprive him of all capacity of resistance. Thelaw widely distinguishes between the guilt of an act whichis the result of criminal design, and one committed under thepressure of mental disorder and of…
191 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D. WORRELL. 159not to know the nature and quality of the act, or, if knowingit, was unconscious that it waa wrong, then the law adjudgeshim to be an improper subject of punishment, and acquitahim of any accountability. But the…
192 Slide – American State Trials 1918 Volume X Leo Frank Document
160 &. AMERICAN STATE TRIALS.insane delusion is of a character the tendency of which is tosteal it will not excuse a homicide. The act is to be judgedalwaya by the nature of the delusion, and of the facts andcircumstances insanely…
193 Slide – American State Trials 1918 Volume X Leo Frank Document
EDWARD D, WORRELL. 161THE VERDICT AND SENTENCE.The jury retired to consider their verdict. They were ontabout an hour, and when they returned the foreman pro-nounced the words: ‘‘We, the jury, find the prisoner guiltyof murder in the frat degree, in…
194 Slide – American State Trials 1918 Volume X Leo Frank Document
162 XY. AMERICAN STATE TRIALS.was afterwards tried and acquitted. He was taken back toart enworth where he was in an attempt to desert a see-ond time.THE EXECUTION,Mr. Clark Brown of Union, Mo., who has compiled a History ofFranklin County, writes:…
195 Slide – American State Trials 1918 Volume X Leo Frank Document
THE TRIAL OF JOHN HODGES FOR TREASON,BALTIMORE, MARYLAND, 1815.THE NARRATIVE.During the war of 1812, while the British army was retreat-ing from Washington, four stragglers and a deserter wereeaptured by the people of a town in Maryland, through whichthe army passed.…
196 Slide – American State Trials 1918 Volume X Leo Frank Document
164 X, AMERICAN STATE TRIALS.today. A jury was duly impanelled, and a plea of notguilty made.Elias Glenn,‘ Distriet Attorney, for the Government.William Pinkney; Thomas Jenyngs,? Upton 8. Heath’ andJohn E. Hall! for the Prisoner.Mr. Glenn, District Attorney, opened the case…
197 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 165George county, some of the people of the town of Upper Marl-borough took four stragglers who were following the army.They were gent into the interior of the country together witha deserter. As soon as they were missed they…
198 Slide – American State Trials 1918 Volume X Leo Frank Document
166X. AMERICAN STATE TRIALS.THE WITNESSES FOR THE PROSECUTION.William Caton, Was sent bythe governor last August toQueen Anne on business; sawJohn Randall guarding someprisoners and a deserter. Thetwo Hodges, prisoner and hisbrother, rode up and demandedthem. ‘They said that a detach-ment…
199 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES.167blood: would be at our doar; donot know that Hodges wea pres-ent when this one was stated tobe « deserter. .Never was people 20 univer-sally alarmed on God's earth asthe people of Upper Marlbor-ough; death and destructionwere threatening them…
200 Slide – American State Trials 1918 Volume X Leo Frank Document
168 X, AMERICAN STATE TRIALS.party just at a turn in the road,near General Bowie’s mill.Thomas Holden, I cama toMarlborough when the army washalting at Nottingham, Met twogentlemen whom I told I was edeserter from the British; theytook me to Dr.…
201 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES.169Thomas Sparrow. Was solic-F Rendall to help goardthe prisoners; Randall, Benson,Wells, and myself mounted guardthat night; at 12 o’clock Lans-dale came in with a deserter;next morning, Sunday, the twoHodges came with informetionof the threat, ete. and requiredthat the men…
202 Slide – American State Trials 1918 Volume X Leo Frank Document
170 X. AMERICAN STATE TRIALS.Mr. Pinkney. There is no law in this prayer, for it excludes thatwhich is the essence of the offense—intention—and if it ware other-‘wise the court has no right to instruet the jury, as if this were…
203 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 171eiples upon which the prosecution was founded, I do not thinkit necessary to trouble the jury with a refutation of them. Iconfine myself, therefore, to 2 few general observations.Mr. Glenn again proposed his prayer to the consideretion of…
204 Slide – American State Trials 1918 Volume X Leo Frank Document
172 X, AMERICAN STATE TRIALS,principles of civil liberty, the law of treason, you will findhim perpetually contending, and contending with effect, thatalthough the crown had proved the facts charged, it had notshown the evil design, the corrupt purpose, without which…
205 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 173acquitted ; because he was not the enemy of the king, mor thefriend of any man who was his enemy.Take the case of a man who, in time of war, is charged withthe defense of an important fortress…
206 Slide – American State Trials 1918 Volume X Leo Frank Document
114 X. AMERICAN STATE TRIALS,rupt motives. Yet the counsel were allowed to argue that theletters were transmitted with a good intent, in order to avertthe danger of so great a calamity as an invasion. And theCourt said the jury were…
207 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 176an apprehension, by no means unreasonable, for the quiet andsafety of the affrighted women and helpless children of theneighborhood, and for the security of the persons and prop-erty of the whole district. The treason of adherence cannotbe committed…
208 Slide – American State Trials 1918 Volume X Leo Frank Document
176 X. AMERICAN STATE TRIALS.addressing a tribunal where these considerations have theirfull weight, and I expect with confidence that the court willvindicate the doctrines which I have had the honor to ad-‘vance,Dovatn, C. J. The Court would have been better…
209 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. inliverance from the danger that encompassed him. In thathope I have been disappointed. As if the salvation of thestate depended upon the conviction of this unfortunate man—‘whose aituation, one would think, an inquisitor might deplore—the district attorney has…
210 Slide – American State Trials 1918 Volume X Leo Frank Document
178 X. AMERICAN STATE TRIALS.Stone was acquitted. Has any answer been given to thatauthority? Has any been even attempted?This indictment charges Hodges with having done cer-tain things wickedly, maliciously, and traitorously, Mustnot the United States prove what they allege? When…
211 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 179upon a mind which virtuous inducements eould betray intoerror; but in what way we can distort it into treason, I havenot yet been able directly to learn.The conduct is in itself treasonable, says the chief justice:it necessarily imports…
212 Slide – American State Trials 1918 Volume X Leo Frank Document
180 X. AMERICAN STATE TRIALS.could not have failed to be successful. You are charged withhis life and honor, because I assured him that the law wasa pledge for the security of both. I declared to him that Iwould stake my…
213 Slide – American State Trials 1918 Volume X Leo Frank Document
JOHN HODGES. 181may be separated from your conduct, and guilt may be fas-tened upon your actions, although the heart be innocent?Gentlemen! so solemnly, so deeply, so religiously do I feelimpressed with this principle that I know not how to leavethe…
214 Slide – American State Trials 1918 Volume X Leo Frank Document
THE TRIAL OF LEO M. FRANK FOR THE MUR-DER OF MARY PHAGAN, ATLANTA,GEORGIA, 1913.THE NARRATIVE.Saturday, April 26, 1918, was Memorial Day, a holiday,and there was no work going on in the National PencilCompany’s factory at Atlanta. But Leo M. Frank,…
215 Slide – American State Trials 1918 Volume X Leo Frank Document
LEO M. FRANE. 188and when he came upstairs to report, Frank, rubbing hishands, met him and told him to go out and have a good timeuntil six o’elock. When Lee returned Frank changed thoslip in the time clock, manifesting nervousness…