The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-04-08
THE PEOPLES LEGAL CAUSE.
nov TEE DIsTRICr lTToBNEE CON-
Ducts a PROSECUTION.


Dates Bor.s ~ Iris Assistants IN n. C.r..
f"i Frspsr-tio- srs Essstivs Presss.s.
uou or csss-Mr. Fellows s- Orator
snd Lawyer Some Noted Case.-why
ArEuments On Appeal Cossums Timr.
II you have ever attended the trial OF a cele-
brated criminal case In this city either in the
General Sessions or Oyer and Terminer the
highest courts OF original criminal jurisdiction
In this county. you have undoubtedly observed
the smoothness with which the District Attor-
neJ and his assistants try their side OF the
case. As soon as the jury Is sworn the Dis
trict Attorney. or one OF his assistants rises
and opens the case for the people. Clearly.
succinotly. foroibly he relates the history OF
the crime charged. and tells Just what the
people can prove. with view to establishing
the guilt Of the person charged. Then the
witnesses are called. in their turn. and the
District Attorney. or his assistant draws out
precisely so much Of the peoples case ss the
witness has been called to substantiate. Out
OF this succession OF Witnesses Is made up the
perfect mosaic Of the peoples case.
This smoothness. regularity. and complete
ness are the the result OF preparation. There
is Just as careful rehearsal for the trial OF a
celebrated criminal case as there Is for the
production OF new play. by q distinguished
author. which Is expected to hold the boards
for 100 nights or more Moreover. the prep
aration Is more difficult and varied than that
which the author the stage m mayer, and the
actors in play that 10 designed to be great
success devote themselves to for weeks or
months. II embraces not only the work OF n
trained lawyer. but the inquiry OF an intelll-
gent and skllful detective
The work OF preparing for the trial OF i'm
portant criminal cases devolves upon the as
sistants to the District Attorney. and ordina-
rily upon those OF the grade OF deputy assist
ants. District Attorney Fellows aud his as
sistants usually try the cases prepared for
them. Mr.. Fellows especially rarely having to
do with the actual preparation OF n case But
he IL q tower Of strength for tho peorle. In
court. during the trial. He has a particular
dizziness in the examination and cross exam
inatlon Of witnesses. seeming to know Just
when to stop. He has an extraordi-
nary memory for the testimony. Though
he makes no minutes and infrequent.
ly eonsults the stenoRraphers transcript
OF the testimony, when he sums M II Is nota-
BILE that he has the most vivid memory Of even
tho most trivial details OF the testimony OF n
nifty witnesses on either side. Then he has
the faculty OF adjoining his recital Of the facts
perhaps lie most poworfu and Sp sf.siV s sum-
ming ND that was ever addressed to q Jury 10
Sas .oms so OF n fai sy assistant,
to prepare their own cases without the assist
snss @. the dsp1 assstsnts h%9nS these
Weeks and TcIniyre & f for hoSicdo cases.
forgery or larcenies OF the higher class, such
as the doialeations OF the employees Of great
rsv. WHEN s %ts
the aid OF several experts, he is clearing up
the books Of account OF q financial institution
Tho deputy assistants who have been the
most SUCCESSFUL IN the preparation OF cases for
Police Justice. Mi Martne who is son OF
in ii. District Attorneys ONCE only a few
months. won his spurs In single Ease lie
f1T TT TIA a., the case e ames
prietor Of the saloon at Eighth avenue and
Twsnty-eighth streat. for the killing Of Charles
nesses were hanRers-on about the saloon,
with particularly friendly disposition toward
for several months. and when the case
was tried recently before Iiecorder smyth by
tine assisting, Recorder smyth complimented
the prosecution upon the remarkable thor
Ss o, ts Ss 50 M Marine
lows TO assist Mr.. Mcintyre In the pre- paration
Of the case against DR.; Henry c. f. Meyer.
brandt. alias Baum, to collect Insurance upon
Brandts life. will be moved before Recorder
been tried Ia a criminal court In this city for
In The prepsratIon Of r eases tSe assistant. TO
District Attorney elbows have vast discretion
and almost unlimited power The District
the power Of tho court and 81 the entire Police |
needed. and he fails to respond to summons.
n bench warrant for his arrest can be obtained, |
urnes os tns hS
again. the District Attorney can expend |
that, he. has only a, limited contingent
fund to draw upon. the Board OF Estimate ami
iTS si * the p Ss'sas
District Attorney IN such cases as those Of
arlXle W. Harris. hoGert ". buchanan. and
The foremost chemists " Of The -" County Is es
sentlal TO the success OF the prosecution To
SECURE the services Of those eIrerts.
The assistant or deputy assistant who Is
engaged In the preparation Of an I'M ortant
case does not as is popularity supposed, rely
the Police Department or the subprna servers
Of thu District Attorneys office At the be-
officials TO bring before him all OF the wit
nesses that are known to be in any way con-
win hs IL
md recurring that they be sworn TO. Then
he visits the scene Of the crime. and makes
covering In this way new witnesses aud adj
iitiOnal facts. Assistant District Attorney
Townsend. being OF an enthusiastic temperA-
nent; is often particularly Jealous 10 his
,cArch for facts that have not come out In his
,rigina, examination OF the witnesses. His
'sroc iates in the District Attorneys office tell
story in point about him. Two years ago he
VAS prosecuting a park policeman upon the
'harge Of AssRulting "a pretty young West In
liam mulatio In Central Park. She had been
,nly few months In this country aud was
,nployed by family in Iioboken. She cane
o this city to Visit q friend one afternoon.
md, starting for HobOken about dusk. |
wandered into the, Park and got lost Mr..
Townsend visited HobOksn fifteen or twenty
lines toquestion her emf loy ers and the neigh
,ors about her one evening, while In Hoboken,
le learned that she had soma i'm DOrtant papers
,eAring on the case In her trunk which she
lad left at friends house which WAS at some
distance from her employers house. II was
90 late then to get an express wagon. But
Mr. Townsend was not to be so
'asily dauntsd. lie went to the house OF the
iris friend. shouldersd tho trunk. and carried
to her mrloyeT's house.
In the recent trial Of James MulliRAn,
hargs wit h assaulting his l2-Ysar- old daugh-
or. llr. Townsend spent several days IN The
lOuss whore the crime was committed gath
ring evidence, and procured a prompt con
ction, IL was the second conviction, after
rial Of its kind ever obtained in this county.