Page:The Green Bag (1889–1914), Volume 25.pdf/28

 The Trial of Ettor at Salem the jury, and on Monday the 25th Judge Quinn made his charge. The jury, after deliberating for five hours, brought in a verdict of acquittal on Tuesday the 26th. The conduct of the trial by Judge Quinn, whose rulings upon questions of evidence were prompt and impartial and whose charge to the jury was re markable for clearness, has been com mended, but the reason for the intro

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duction of the evidence of so many witnesses and for the needlessly pro tracted proceedings is yet to be ex plained. In comparison with the expe ditious Becker trial in New York, this case offers a signal example of the slow ness and expense of American criminal procedure in one of its worse phases. The trial covered eight weeks, during which the court was in session thirtysix days.

Three Points That Win By J. W. Donovan Formerly Circuit Judge in Michigan LEONARD SWETT placed his lead ing winning point as the Manner of Opening; whether with clearness, so that a layman could see through it, and so reasonable as to be convincing. A case well opened, civil or criminal, is a start toward victory. He would start like this: "In nearly every case there is room for argument, or what we call two sides to the controversy and the only fair way to find who is right is to hear patiently that you may decide impartially — else how can we judge who has the real right of the matter?" Then he would add:— "The story of this case is peculiar. While you may think, at first blush, that the defendant has done a great wrong to Mr. Franklin in taking from him $800, a gold watch and chain, and a $20 gold piece and a revolver, still if you become convinced from Franklin's own admissions that the money, watch and chain were won at poker, a game proposed by Franklin, then in all fair ness you will say not guilty as charged, for the charge is robbery."

Such a candid start rivets attention to the vital issue, as in poker there is no intent to rob. Now if it should appear that on a rainy day at Franklin's sug gestion they played poker and he later admits to the hotel clerk, a witness called by the people, we have a reason able defence. Starting with the suggestion of fair ness, passing to the friendly game, and closing with the manner of losing the items named, we find more than a rea sonable doubt, rather, a reasonable de fense. And so the case developes. First defendant says: "I am real rusty on cards and haven't played poker since the War; I did play a little in the Army." Then they start and play, first one dollar, then ten dollars against the revolver, then twenty to twenty, and defendant is a swift winner till the "roll" changes hands and at last the watch and chain goes in and they separate. The defen dant goes to Detroit from Essex. Frank lin asks, "Where is the big Yankee? He has beaten me at my own game." Each point won of itself. So said the jury.