The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-27
TOBACCO TRIAL LAWYERS.
YOU'VE HEARD OF "a brilliant
ARRAY OF LEGAL TALENTSD

hntB - It-Ih0 Hon. Joseph ~. ChOnto 10 tno
Drawing Card, but There Arc Other Trumps
in Both Hnnds-Episodcs OF the Trinl-An
Attorney who Hs n Well OF Frecedents.
The Hon. Joseph II. Choate was tho drawing
card at the trial in the General Sessions all last
week Of tho officers Of tho American Tobacco
Company. His personal appearance would win
ones attention II his ability and standing as a
lawyer were unknown. And yet there is moth.
ing In his appearance below the shoulders that
is particularly striking. 1t is his head that one
looks at and remembers. It Ia a large head to
begin with, and the thick brown hair, with q
tendency to curl, 10 always dishovelled enough to
be picturesque. His forehead is high and broad.
that part where phrenologists say tho memory
IN having a wonderful development. The eyes
and tho chin belle each other. Tho expression
Of the Dyes, brown in color and full p~upilled,
would indicate that their owner sees only the
humorous sido Of life. It is seldom that a merry
twinkle is absent from them. In tho chin. how
ever, there Is nothing but seriousness and firm
ness, which the thin lips. that tightly close ono
above the other, accentuate.
There are times when his eyes get hard. and
that is q time for the unwilling or contrary wit
ness to look out. Something is going to happen,
and when it has happened the witness will wish
! It hadn't.
Mr.. Choate never gets excited and never APP
pears to be in q hurry. As he sits in his chair
one might imagine, from his position. that he
was the LATEST man in Now York; He seems to
great elaboration and states tho fact and his
reasons. He seldom makes objection on techni-
cal grounds. and the reasons for the objections
he makes are stated In 90. simple language and
appears that they must be sustained. But they
are not always.
choa aei the you sao south Ry carolinian. Williamson Wills %a;
w. Fuller. the private attorney for the Ameri-
S Ssou n0 the case ee tRaRn any T iaWye ese on either kheT sid hof is
right at his elbow to suggest an objection or to
remind his older colleague that he has forgotten
Then. when cases and precedents arc to DO
Rollins coming back to the court as a defender.
collins was district Attorney before he was
was never raised for which he Gould not fnd a
precedent. Precedents trip from his tongue as
f feaai'tt tho eS tongue SDHp' Of a Fr rel am When ali
else fails, Mr.. thoate raises a point and turns to
There's a precedent for that, isn't there.
Why. certainly comes the unvarying, re.
crrs' gets cts p Ha and says nissI in his Rnn m Ml5i y ddSh,,e,. 70.
raise was brought up in the case of Smith VS..
Jones. reported in volume SO and SO. page so
District Attorney oleott, although he has such
heavy batteries defending the works he is shell.
ilR, ulu oltnouRh - III Wa u ihi'iu
Attorneys Office "a few months ago; is more than
holding his own. He has not the wonderful
versatility or the brilliant orator,y Of his prede:
cessor, the late Col. Fellows, but he has an air of
perfect frankness and a manner that impresscs
upon one the notion that the cause which
Oleott champions ought to triumph because It
%%ss BE lss IS unrarTinR' The eii ia SSHeIsSy io to t his
defence have not asked u favor OF him since the
s fesis e ssiiRe shG 'e he be h 'esh mot FKIs"ri nsisto Mh se he he
variably apologies for being technical,
1t is difficult to tell whose opening address had
tRist Ff Ht,oTns sgG oct TN sRas the Of 'g NJ: iRaf %. e! Nsi! he's:
resorted to rhetorical effects. Mr.. Olcott put tho
the American Tobacco Company. told how it did
BUSINESS BUSINESS n men, t Would abe be able bic to 5od dste errnmii ung mne Oh
better than he could whether the business meth.
unusual and unlawful. He had his opinion. but
his might be wrong, The Jury would be right
whether he Was right or wrong,
Mr.. Fuller was most u~nassuming. He pleaded
m nne lss ana the e' im anS aa%1u that eeh he left WAS af That
all the American Tobacco Company wanted was
The two silent ones among the defendants
counsellors art Lucien Oudin and Ralph Oakley,
Who are the private attorneys Of the defendant
Charles g. Emery. There was method in the court.
room silence OF both these gentlemen. When
the District Attorney and his assistants were ex
ech1n,a,"s mr. w ouain and Or S% ffe6 pasle ,a0 We're 1n busy Ms
taking notes which were used later to the ad
vantage Oh ING ueteICe.
Mr.. Olcott has been assisted in the conduct OF
the case by Assistant District Attorneys PhiliI
is corpulent and suffers from the heat. Per
hars that Is the reason why he has had a CHR
is u III to- take ndrsntaee OF any !" Weakness in
his adyersary,s armor. however; and to whacl
IF 1t t Nth D : sats,e @Ie; MT: h N dSn sou is m9r'
He never eve D Ioses his A tempeT. He i is a G thin %an
however, and doesn't mind tho heat. Perhaps
once wrote. entitled How to Try q Case.
which he dedicated to Mr.. Choate.
Four of the ten defendants have boon in couri
, during the trial. None of them was obliged tc
I be there, since being indicted for a misdemeanol
Duke, President OF tho company, has been thu
most regular In his ATTENDANCE. He Is n large
and red hair, He is almost as well known OF
the turf. both in this country and in England. Al
r t tn I Kept es M the defun s'kH newspaper. the Rscordsi
. going for a long time. The other defendant
who have beer present In court are William 4 I
Emery Emery. ta" course the detendan HnI JOSIAH ihsf Brow n
5 has been present every day. But he is Secretar!
OF the company, and has acted as "a sort of as
Not until last Thursday did any member of tn
+, Then Juror No. II tMr. Brewster) asked two. II
one he got a direct answer. The other question
/. Jurors / Mrr. ,Miliikenl and 10 lMr. Rernhardi
wanted enlightenment. Not until Mr.. Bernhard
; a asEsd to G ieil how be ms any SS Of the jury nye eo anHSSSaS 0t tS
l evidence. The Vice President Of tho America
GrnCers' Association WAS on tho stand FOR tn
J defence. By him the defence wanted to prov
, that its method OF doing business was not IN
usual osG rb AIi ~ a4eBft dpnsar TO p ,.Fed! that were ruie'
Odd you own the goods you bought on con
signment A.-So.
The juror should think so.
The Witnoss-No, because we could return
} what we did not sell and get our money back.
From the fact that the defence claims that tn
goods consigned we're not sold tho opinion OK
r pressed by Mr.. Bernhard In his second questio
was taken to mean that no did not share tn
; view OF the defence. At least that was the wa
I the District Attorney interpreted the question
The case will begin again tomorrow morning
Mr.. Choato will have from IL to ! In which {
J make his closing address to the Jury, and NJ
, Olcott will have from 2 until 4. Judge Fitl
. gerald will then charge the jury, and they wi
take the case under advisement.
Actor A. G. Andrews Seeking a Divorce.
Albert G.. Andrews, an actor. has obtaine