The Durham daily globe. (Durham, N.C.) 1889-1894, 1892-09-15
ACTING SAVES LIVES.
COUNSEL FOR MURDERERS EMPLOY
THEATRICAL METHODS.

ate and theatrical devices are constantly
resorted to in order to save the lives of
accused persons. But Mr.. Wellman
was the first prosecutor to 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 up on behalf of Annie Walden
was where he besought 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:
IF 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 III.
tluenced by his theatrical display"
Whom did Mr.. Howe pinch?" | asked
Mr.. Wellman.
Ella Nelson" was his prompt reply.
IOu lCSGll ma DIC LIdu DIlCL Nv '
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 a table, her face toward the jury,
but resting III her hands. She had been
weeping for some minutes, but now she
WIS composed.
Look 1T that facef pleaded Mr..
Howe i'll impassioned tones. He strobe
rapidly behind her. Again he cried,
Look at that face! 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
terror.
That scream Was enough to freeze
the blood Of anybody who heard it. ]
calnot help thinking that it had much
To DO with the verdict.
i 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
to expose this sort of thing to the jury.
Frederick B. House was defending a
man named Becker in the general ses-
sions. 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 a
lot Of bagging soaked with kerosene,
and SO burn tn" store and earn Becker a
no, .,.,,, - E.z.--
]quenched the flames and so saved the
lives OF seventy-siX men, women and
children who were sleeping in the tene-
meats above the store.
When Mr.. House summed up he
was In Il 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 i'll his hands and peeped through
his lHterlaCed fingers at his eloquent de-
fender
''Thnnk, gentleman, said Mr.. House,
If you send this wretched man to prison
you will punish those innocent little
ones At that instant MIR. House drop
PED his handkerchief.
Wow came Il shrek from Becker.
Il began like the scream of acatamOunt.
1t died away IL Il Ions drawn wall and
ch0klng solos. B.yker's tears were like
a shower NHs. Becier'S and the little
i}eckrrs tears were c]ioudburst. Human
naiure couIlu't stand it. Juror No. 3
was IL nee old fellow. retired from bust
ness and LIVING at home surrounded by
aons and daughters and chubby grand
children. He broke down at the second
drop Of Fred flouSe's handkerchief. At
tlr third drop of the cambria the jurors
tears gush"d ont beyond the railing.
Answering S~nlfies and gasps came from
Two other Jurors.
1T seems hard to believe, but it is a
matter Of record that in the face of the
clear evidence against Becker the jury
o three for acquittal and nine for
conviction The tears and hOwls and
the little GeCkerS saved the guilty man.
And III proof of his guilt let me add that
i}ecker was released under g, 500 bail,
nut he ran away, although the case was
~oOn brought up for retrial.
Often the question of makeup tests
tie counsel stage managers ability and
ingenuity There was Alphonse Steph-
AM. the young man who deliberately
murdered Lawyer Clinton q. Reynolds
tor not Surreudering Stephani's fathers
estate faa; enough to b~esquandered. The
defense WAS insanity.
Perhaps You recall the Stephan who
came TO trial Instead Of the handsome.
neatly dressed rich mans son, the Jury
Jaw Il wild, unkempt creature, a Caliban
II ugliness. Stephani's hair had been
untouched by shears or brush for months.
he had not bathed or shaved. He still
wore the clothes he had on when ar
rested. His linen was in tatters and
;!moSt black. His outer garments were
greasy and cGusted with accommodations
Il spilled food. Stephan was u GOOD
art"T Not "A word did he speak to any
tir With large black eyes, as deep
"id moUrufTl as Edwin Booths, he
AIRED gloomiiy 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 lie had ALWAYS been high tempered,