Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-28
FRANK ELLIsONs TRIAL.
He Shocks the Court by Laughnig 0e
His Assault on Mr.. HenrfQlea.

After two days and a half Of contention
a jury has been secured TO try Frank ELL
son for his assault on Broker Henriques
in New York. The seating Of the twelfth
juryman yesterday had been followed by
that moment OF silence which In exciting
criminal cases is more indicative Of IN
tense interest than the occasional bursts e
applause or laughter.
Then followed quick, anxious cousu1ta-
lions of attorneys. shutting OF legal "a
pers, nervous shifting of spectators, hur-
ried whispers. and one OF the district at
torney's representatives. Mr.. Osborne rose.
paid his formal respects TO the court ana
turned to address the jury In opening fos
the people.
In his opening address he had concluded
his story Of the interesting social rela-
tons between Ellison, the defendant ana
the family Of Mr.. HenriQues. the complain
ing witness. He was making an effective
address. in spite of the frequent objections
made by Mr.. Brooke. chief counsel for the
defendant
When he came to the story OF the as
sault he was no longer interrupted. and he
secured the close attention OF the Jury and
the spectators who crowded the court room
His voice was the only sound that broke
the silence when he reached the point in
his narrative where he described Ellison
kneeling upon the body Of Henrioues. VI
into his victims face. seeking. a. Mr.. o.
borne asserted. TO penetrate the brain
through the eye. He was leaning far over
the rail that separated him from the jury.
speaking in a low, intense voice, illustrate
ing with his appraised hand how the prfe-
oner grasped the cane and 5abbed II with
fierce, downward thrusts when q harsh
laugh startled the court room and drew the
attention OF every one toward the prts-
oner.
MIR. Osborne paused and Ellison. who had
been leaning back in his chair Laughing.
flushed. ceased his laughter and stared In
a rather frightened manner at the young
attorney, who had turned toward him with
a look of amazement Osborne did not
half arose to administer the rebuke FOR
which the incident offered such rare occa-
sion. But Mr.. Osborne forestalled his as
sociate by slowly raising his hand. point
ing at Ellison and saying In q low, sor-
rowful voice:
.'If the picture I am endeavoring TO
truthfully portray seems TO possess any
element of humor for you 1 am sorry for
you"
Instantly Mr.. Brooke. old and experience
ed. Mr.. O'Sullivan, impetuous, but realizing
the danger OF the situation. and the third
attorney representing Mr.. Ellison, the
youthful Mr. Chanler, jumped TO their feet
and in a chorus eagerly assured Recorder
Smyth that Mr.. Ellison had not been
laughing at anything Mr.: osborne had
said. 1t was a side remark OF Mr. Well
mans they asserted. which had caused the
prisoners merriment.
The recorder replied severely: THE as
surance of one of the prisoners counsel In
sufficient / should dislike TO believe that
the defendant had found anything In the
opening address to affect him 20 laughter.
81 made no remark whatever" was Mn
The comment OF many OF the spectators
was that IL Ellison should be convicted
by the jury who had heard that laugh ne
would have great occasion to regret me