 Berkman was asked to call his witnesses, but he had none. Instead, he asked to read his statement to the jury. A German translator was brought to the court. As an atheist, Berkman refused to be sworn in. He began reading his prepared statement. When the translator began to speak on his behalf to the jury, Berkman discovered the man was incompetent. He thought the man's voice was "cracked and shrill" as he spoke to the jury in broken English. The effect of the statement, Berkman thought, was being lost. After about an hour, the judge told Berkman it was time to finish his oration.
