The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-08-06

New lawyers Who Defend Criminala
1Ex1vo % Mako N Impreasien On tha
sympasAies u Jnrymep-some Notable
Casss Where Lawyers Succeeded.
For years it has been generally known
among lawyers that all sorts of desper-
ate and theatrical devices are constantly
reB0fted to In order to save the lives of
accused persons But Mr.. Wellman
was the first prosecutor 70 make the
charge in open court and quote an In
stance to fortify his allegation
Is the practice right or wrong:
Perhaps the most moving part of
Lawyer William F. Howe's elegant sum-
ming mp on behalf of Annie Walden
was where he besonght the jurymen to
consider her youth, her beauty and her
helplessness.
When Francis L. Wellman, assistant
district attorney, began his summing up
for the prosecution, he urged the jurors
not to be moved by his adversary's
emotional appeals. He called Mr.. Howe
an actor. He said:
eff you had seen him, as | have, go
behind a woman defendant and pinch
her to make her scream and so arouse
sympathy, you would not be so much in
Huenced by his theatrical display"
tsWhom did Mr.. Howe pinchY' asked
Mr. Wellman
ELLA Nelson. was his 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 life Mr.. Howe got her &C
Quilted
when he had got to that part of his
summing up where he called upon the
jury to look at her. Ella was sitting be
hind table. her face toward the jury,
but resting IN her hands. She had been
weeping for some minutes, but now she
was composed
".Look at that faces pleaded Mr..
Howe In imprisoned tones. He strobe
rapidly behind her. Again he cried.
Look at that faceF and as he did so he
seized Elias soft wrists IN his strong
hand and wrenched her arms apart.
The woman screamed with pain and
tesror.
That scream was enough to freeze
the blood of anybody who heard it.
cannot help thinking that it had much
to do with the verdict.
81 do not say that it is wrong for
counsel to employ theatrical methods IN
defending their clients | think it is
partof the duty of the prosecuting officer
20 expose this sort of thing TO the jury.
Frederick B. House was defending a
man named Becker In the general ses-
sions- Becker had 3 clothing store in
Baxter street He arranged q candle so
that when it burned down to a certain
point At midnight it would set fire to a
lot Of baggIng soaked with kerosene.
and % burn the store and earn Becker a
ing amount Of insurance. Firemen
quenched the flames and so saved the
cildren who were sleeping In the tene-
ments above the store
when Mr.. House summed MP he
was m . quandary. Becker couldn't
understand one word IN English. there
fore how could the poor devil weep at
the proper moment That little diff
Guilty was solved all right Becker rested
his face in his hands and peeped through
his interiaced fingers at his eloquent de-
fender.
g Think, gentleman said Mr.. House
II you send this wretched man to prison
yCu viii punish those innocent little
oneA-' At that instant Mr.. House drop
rad his handkerchief.
wow came shrek from Becker.
Il began like the scream of acatamount.
lt died away in long drawn wall and
choking sobs- Becker's tears were like
. shower. Mira Becker's and the little
Beckers tears were acloudburst Human
nature couldn't stand it Juror No. 8
was nice old fellow. retired from bust
ness and living at home surrounded by
Sons and daughters and chubby grand
children. He broke down at the second
drop OF Fred Houses handkerchief AT
the third drop Of the cambria the jurors
tears gushed out beyond the railing.
Answering snifaes and gasps came from
two other Jurors
ut seems hard to believe. but it is
matter Of record that In the face Of the
clear evidence against Becker the jury
stood three for aequittal and nine for
conviction The tears and howIs and
tho little Beckers saved the guilty man.
And In proof of his guilt let me add that
Becker was released under q 500 bail.
but he ram away. although the case was
soon brought up for retrial.
..Often the question Of makeup tests
the counsel stage managers ability and
ingenuity. There was Alphonse Steph-
AMI. the young man who deliberately
murdered Lawyer Clinton q. Reynolds
for not surrendering 6tephani's fathers
estate fast enough to besquandered- The
defense was insanity.
Perhaps you recall The 6tephaui who
casne to trial Instead Of the handsome.
realty dressed rich mans son, the jury
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