The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-05-30
elpdsa BY tho SQUIRT .hey WIN no. be

| COL. BOYKIN'S SPEECH
| After the verdict, but before the jury
retired, Mr.. Boykin, of counsel for the
defendant, addressed the court and jury
as follows;
Before the jury is discharged 1t Is
| not improper. whilst not usual, for me
| to make statement
We wish to make this statement here
with the full knowledge OF the RESPONSE
bilfty that involves upon US as counsel
ana as men who are not afraid to assume
| the responsibility In a proper case.
We. as your Honor is aware, objected
to the introduction OF certain, evidence
on the ground that It cannot establish
uhe guilt of the accused as charged in
the indictment. We have done this, /
say TITO the jury and to the whole world,
upon our sole responsibility as counsel
and we have assumed that responsibility
because we correctly believed Il involved
upon us, and that 1t was responsible
ty which we had no right to shrk. Our
client demanded of US that. this trial
should be upon It's merits, devoid OF
every teohn!callty, but said to him
that l would go into no case where |
would be hampered by Instructions, but
should conduct vt upon the principles and
practices OF our profession. We say to
your Honor and to the world that we
court investigation in any manner. shape
or form that the Commemorative Nt-
torney or any other officer or person,
whether authorized by the State of Vir
gina or not, dares to take. We have
raised this point because we feel as law
yers that unless we did make that here
after there might possibly he, Judging
the futrue by the past, even after q YER
uict OF acquittal, those who might seek
TO hold US for embezzlement We saw
we nave no favors to ask; we ask moth
Ing OF the kind and nothing of the ma
lure. Come when you will, come as you
VIII against j. Frank East, for the COM
mission OF any crime. and, denying that
ne committed crime, we are ready TO
meet the issue. whether civil or criminal.
We court investigation, but when II
comes 1t is our duty to see that Won shall
DrinS nothing but proper and legitimate
evidence against us.
My client feels that he has not re-
ceiyed the vindication that he desired.
ana ! may add, the vindication that he
eEpecleu' and felt assured upon the trial
Oh this case he would receive
l wish to say-and this Is no statement
OF man simply--that we have examined
Inc DOCKS OF j. Frank East, and had
them examined, and we say upon our
responsibility as man, let any man
any honest expert examine those books
and he will see that he has accounted
TO the State OF Virginia for every dol
lar that came into his hands. There Is
no crlmlnaiity upon him. there is no
wrong upon him, and l say It. though
1t may possess no force or virtue--my
associate says it-that there is nothing
IN inns matter of which he need be
ashamed. III may be that there ore
some mistakes In the books kent by the
clerk, OF the nature of clerical errors
put mere Is nothing to prove so far as
we KNOW or can perceive, or believe,
,hat that clerk has been guilty of any
wrongful act; though some items NAV
not be found at the proper place or cred
Ned TO the proper party; but when won
'ake the entire transaction. 1t will be
perceived that MIR. East has accounted
TOR every dollar that came Into his hands
AS your Honor has said, the gist OF
embezzlement consists in taking money
tnat belongs to another party by virtue
y. huuciaiy consideration. If East mas
accounted to the State for every dollar
that came into his hands, no man how
ever Vlndictive he may be. no man
no matter how he may disa with
MI East IN politics or otherwise. can saw
tnat u. FRANK East was guilty of any
act. we say we have had these books
searched by man as high as any man
IN virginia, who would not falsify for
"hythlnS that life contains, and are
,s"us W prove Hl any time that j. Frank
EAST mas accounted for every dollar that
came into his hands. He objected to
mis- course as he did not think IL WAS
q Nlndication, but we take II MS our
uuty. and we consider II nigh duty to
see that no improper testimony Is given
IN my remarks desire and intend no
reuection upon any man. 1t was n work
oil labor. and i'll this case q work of 1--we
10 examine these books, and delight was
ours when we found that any man who
takes them and examines them can come
10 but one conclusion. and that. that
j. Frank East has accounted for every
dollar that came into his hands
your Honor VIII pardon me for these
remarks | believe 1T my right TO rise
ana say that while he was acouittad
upon the fact that this evidence was not
responsive 10 the indictment. that. let
MIN come, whoever 1t may be, in what
ever form desired, and 1t will be proved
ana demonstrated that J. Frank East
IS the high and noble and honest man
that he mas heretofore been considered
in this community.
Judge Brooke then arose and suppla.
meated Mr. Boykins remarks, as fol.
lows:
i do not intend to make a speech
Will just say that my retaining my saal
after the remarks of my associate may
De misconstrned. | want Ito say upon
my standing as a man. upon the sane
Ton oil my oath as lawyer, that every
word hat my friend has said about Tho
condition of affairs, especially about an
examination of these accounts Il the
truth the whole truth, and nothing but
the truth.