914 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of the United States, the statute was challenged but ultimately deemed constitutional by the courts, and their decision was accepted.I came across a report of a case, Kamper v. Hawkins, decided…
907 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERI wish to interrupt them improperly; there was no occasion to be captious, and concluded thus, "Act as you please, sir."Judge Chase, I will assign my reasons why I will not permit…
908 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, the statute under which the defendant, referred to as the traverser, is indicted provides an excuse if the allegations contained in the publication are proven true. If…
909 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case before them, the jury's role is to determine the facts and not to decide whether a statute of the United States is a law or whether it is void based on…
910 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:If anyone can be so weak in intellect as to entertain this opinion of Congress, they must give up the exercise of the power when informed that Congress had no authority to vest it…
903 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERThe question of whether a petit jury has the right to decide on the constitutionality of a law is one that I have deliberately considered. I am ready to explain my reasons…
904 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:As challenging as the task may be, I shall offer a few observations to show that they have this right. I intend to defend Mr. Callender by establishing two points.First, a law contrary to…
905 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERAccording to the dictates of conscience and the laws of the country, controlling them would endanger the right of this most invaluable mode of trial.I have understood that some reliance would be…
906 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:866 X. AMERICAN STATE TRIALSYour Honor, the arguments I shall present are directed to the court, not intended for the jury or the numerous audience present. This decision holds significant importance; much of the…
898 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:858 &X. AMERICAN STATE TRIALS.The questions intended to be put, and which were propounded by Mr. Nicholas, declared Colonel Taylor’s evidence to be inadmissible. No evidence, he said, is admissible that does not justify…
899 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERGranting you a writ of error in the Supreme Court is on these grounds that I reject the evidence of the gentleman. The very argument assigned by the young gentleman who spoke…
900 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the opinion given by the court, I understand that evidence cannot be produced by the traverser to prove the truth of only a part of a charge. However, if evidence could be adduced…
901 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDEROther testimony, however irregular or improper, might also be admitted. Particularly, it would be a departure from the universal principle of law, which requires the production of the best testimony that the…
902 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, the question arises whether juries have the right to determine both the law and the facts. In Virginia, an act of the assembly has adopted the common…
893 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:James Thompson CallenderIf no doubt remains on this point, the question first in order to be examined is decided. Whether there is room for doubt, a summary review of the testimony will ascertain. Can…
894 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:They sold them for his benefit, and he received the money. When it has been proven that he received the money from one purchaser himself and that he paid for printing part of it—that…
895 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERJoint 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 entertain any doubt? Thus…
896 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:856 & AMERICAN STATE TRIALSThe second question will decide whether your hearts are at ease, whether your passions are untouched, and whether your feelings are unaffected now that you have fully heard the charge.…
897 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER**Judge Chase:** I desire to know what you intend to prove by the witness.**Mr. Hay:** We intend to examine Colonel Taylor to prove that he had avowed principles in his presence which…
889 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:The purpose of requiring that the charge against a defendant be explicit is to ensure that the defendant can clearly comprehend it and be prepared to make a defense. It is not necessary for…
890 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:850° X. American State TrialsThe title must be copied in the indictment verbatim et literatim. I wonder you did not add et punctuation also. There is no real variance, and there is an end…
891 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERMr. Nelson, although the paper is long and complicated, the testimony is not so. The testimony, as I stated to you before, is concise, plain, and correct. If there be a man…
892 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:Whether this libel was published by the traverser, it will be useless for me to address him. If there is a man who doubts on that point, his mind must be impervious to the…
884 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:My stating to the court the reasons which have led me to this conclusion may subject me to the imputation which has more than once fallen from the bench. It has been the pleasure…
885 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDER, 845A prosecution by information was initiated against the Chevalier De Ou for publishing a libel against the Count de Guerehy, ambassador from France. The prosecution commenced in the Court of King's…
886 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:In the case of American State Trials, if the charge is not accurately specified, it becomes impossible for the defendant to properly defend themselves. Evidence pertaining to either case might be presented in support…
887 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERJudge Chase requested Mr. Hay to point out the specific parts of the authorities he referred to, on which he relied to establish his doctrine.Mr. Hay responded, "If the court will have…
888 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:President of the United States, and to bring him into contempt and disrepute, and to excite the hatred of the good people of the United States against him, did wickedly and maliciously write, print,…
879 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:JAMES THOMPSON CALLENDERUnited States] to plunge his country into the most expensive and ruinous establishments. In the first two years of his presidency, he has contrived pretenses to double the annual expenses of government…
880 Slide – American State Trials 1918 Volume X Leo Frank Document
Here is the translated text as follows:American State TrialsEfforts for provoking a French war. And also the false, scandalous, and malicious words of the tenor and effect following, that is to say: "For although Mr. Adams were to make a…