The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-06-19
FINE ACTING In COURT.
HOW SOME LAWYERS SAVE THE
LIVES OF THEIR CLIENTS.

Scream at the Proper Moment-Hcw
Crying Effects Verdicts.
ESom the NeV York Herald.
Assistant District Attorney Wellman
asked in court the other day: How far
should murderers' lawyers be allowed to go
in influencing jurors Judgment by acting
and theatrical display
For years it has been generally known
| among lawyers that all sorts OK desperate
and theatrical devices are constantly re-
sorted 10 in order to save the lives of ac-
cused persons. But Mr.. Wellman Yves the
| first prosecutor to make the charge in open
court and quote an instance to fortity bis
| allegation.
Is the practice right or wrongi
! Perhsps the most moving part Of Lawyer
William F. Howes elegant summing up on
behalf Of Annie Walden was where he be-
sought the jurymep to consider her youth,
her beauty and her helplsssness-
1t was powerful appeal. Annie w alden
was weeping silently. 1t needed but a
| glance to show that the jurors were deeply
affected by it all. When Francis l.. Well
man, assistant district attorney, began his
| summing up for the prosecution he urged
the jurors not to be moved by his adver
| sary's emotional appeals. He called Mr..
howe an actor. He said:
''If you had seen him, as l have. go be-
hind woman defendant and pinch her to
make her scream and SO arouse sympathy +,
YOU would not be 80 much influenced by his
theatrical display"
WAS ELLA NELSON PINcHED HARDl
Whom did Mr.. Howe pinohr l asked
Mr.. Wellman yesterday.
ELLA Nelson,n was bis prompt reply.
you recall that she had shot her lover
dead because he was packing his trunk and
| preparing to leave her. She was on trial
| for her lfs. Mr.. Howe got her acquitted.
| wv hen he bad got to that part of his
summing up where he called upon the jury
to look at her. Ella was sitting behind q
table, her face toward the jury. but resting
| in her hands. She had been weeping for
| some minutes, bus now she was composed.
Look at that FACET pleaded Mr.. Howe,
| In his most impassioned tones. He strobe
| at that facet and as he did so he seized Ell
las soft wrists in his strong hands and
wrenched her arms apart. The woman
| screamed with pain and terror.
THAT scream was enough To freeze the
blood of anybody who heard IL. ] cannot
help thinking that 1t bad much to do with
| the verdict.
81 do not cay that IL is wrong for counsel
TO employ theatrical methods in defending
their clients think it is part Of the duty
| Of the prosecuting officer to expose this sort
| Of thing to the jury.
LAWYERS ARE ACTORS.
"And do counsel resort to such tactics
often In trying criminal casesn / asked
"Thn best criminal lawyers do, said Mr..
| Wellman. Therefore, l presume, the
present style of defending the accused per-
! sons will not be done away with. 10 Is only
| fair 20 accused persons to give them all pos
sible ways to defend themselves; it is also
only fair that the jury shall be warned
| against the peril of allowing their sympa-
thy to run away with their Judgment.
| Frederick B. House was defending q
man named Becker recently In the general
sessions. Becker had a clothing store IN
Baxter street. He arranged a candle so
that when it burned down to a certain point
at midnight it would set fire to lot of bag
| ging soaked with Kerosene, and so burn the
| store and earn Becker big amount OF in
| surance. Firenen quenched the flames and
so saved the lives OF seventy-six men
women and children who were sleeping in
the tenements above the store.
HOW BECKER HowLED.
"When Mr.. House summed up he was In
quandaIy. Becker couldn't understand
one word Of English, therefore, how could
tho poor devil weep at the proper moments
| That little difficulty was solved all right.
| Becker rested his face 10 his hand and
peeped through his interlaced fingers at his
eloquent defender.
">.Think, gentlemsn,' said Mr.. House, II
you send this wretched man to prison you
will punish those innocent little ones At
that instant Mr.. House dropped his hand
kerchief.
"'Wowp came a shrek from Becker, It
began like the scream OF a catamount. It
died away in long drawn wall and ehok-
ing sobs. Beeker's tears were like shower.
Mrs. Becker's and the little Becker's tears
tears we're a cioudlburst. human nature
couldn't stand it. Juror No. 8 was nioe
old fellow, retired from business and living
at home surrounded by sons and daughters
and chubby grandchildren. He broke down
at the second drop of Fred Houses hand
kerchief. at the third drop Of the cambria
the jurors tears gushed out beyond the rail.
ing. Answering sniffies and gasps came
from two other jurors.
at seems hard to believe, but it is a mat
ter or record that in the face of the clear
| evidence against Becker the Jury stood
three for acquittal and nine for conviction.
| The tears and the bowls and the little Beck
ers saved the guilty man, And in proof Of
his guilt let ne add that Becker was re-
leased under 81, 800 ball. but he ran away,
although the case was soon brought up for
retrial
| STEPHAETs MAKEUP SAVED HIM.
'Often the question Of makeup tests the
counsel stage managers ability aud in
genuity. There was Alphonse Stephan
the Young man who deliberately murdered
Lawyer Clinton G. Reynolds for not sur
rendering Stephani's fathers estate fast
enough to be sqandered. The defense wac
| insanity.
Perhaps you recall the Stephani who
came to trial, instead of the handsome,
neatly.dressed rich mans son, the jury saw
a wild unksmpt creature, a Caliban in
ugliness. Stephanis hair had been un-
touched by shears or brush for months He
had not bathed or shaved. He still wore
the clothes he had on when arrested. His
| linen was in tatters and almost black. His
outer garments were greasy and crusted
with accumulations of spilled food. Stephan
was a good actor Not a word did be speak
to any one. With large black eyes. as deep
and mournful as Edwin Booths, he stared
| gloomingly at nothing Lear was a model
of sanity beside him. There was more or
less testimony to show that Stephan had
fallen off a pony very many years ago and
| hurt his head and that he always had been
high tempered. like any spoiled child. No
oDe had bothered about his alleged insan-
ity, though, until after he had killed his
fathers old friend.
- Insane was the jury's Judgment, after
| listening to the testimony aud watching the
gloomy makeup Of the prisoner. They
| found him guilty Of murder In the second
| daOraa and he IN Ynrfeou for Ifa