The second day’s trial of Howard Brown on a charge of murder came to a climax with tumultuous applause in the midst of Major Matt Allen’s speech last yesterday. All day the hundreds of women and men sat tensely through court dramatics waiting until the end when their long pent-up emotions burst in prolonged applause with the fire of an impassioned mob after the thunder of Major Allen’s voice spoke their sentiments. It took both judges and Sheriff Grant to quiet them. Judge W.S.O’B. Robinson, counsel for the state, seemed to think for a moment he himself was on the bench.
“Never saw anything like it in a court room before in my life,” said Judge Robinson with fire. “If you want to have the trial in an open meeting, all right then.”
“We are both,” said Judge Allen from the bench, “seeing things we have never seen before, Judge.” There was a tiny ripple of laughter through the courtroom, and Matt Allen went on with his argument. Until then he hadn’t referred personally to Judge Robinson. The Judge had interrupted him twice on procedure he had waived while Judge Allen was off the bench, and which Judge Allen had held in favor of the defense when he returned on the ground that Major Allen could argue to the jury as a historical fact even if it had not been offered as evidence that “Beshara came from a country of harems where homes were held cheap and women’s virtue was sold on the auction block.”
Judicial Pleasantry
“On the same grounds, I suppose, that Russia is Bolsheviki,” questioned Judge Robinson, “but is it? All we have is newspaper accounts.”
“Rather on the ground,” said Judge Allen, “that one can argue any general knowledge as historical fact. One would not have to prove that Assyria is on the other side of the ocean, that Beshara was an Assyrian, or that an Irishman will fight if you get him in a close place. That is general knowledge.” And Judge Robinson being an Irishman admitted it, and the tilt between the learned judges had ended in favor of the defense.
But Matt Allen did not push the advantage. “Oh, I’m willing to let it go at that.”
“All right then,” said Judge Robinson sitting down.
“But I have one thing to say. If you should have happened to have read history, gentlemen of the jury,” continued Allen, and the vast auditorium began to titter, “and should you happen to remember any of it I will not say anything about it. I guess you can remember all right without being told!” And the storm of applause broke forth spontaneously before anyone could prevent it. When order was finally restored, officers were placed throughout the court house by Sheriff Grant.
Goes After Prosecution
And here it was that Matt Allen went after the prosecution. He had already covered the evidence in the case behind his preceding colleagues and declared that there was not “one scintilla of evidence that Howard Brown suspected his mother of any wrong, that he could and should have killed Beshara when he chased him out of his house with a double-barrel gun; and he submitted that that was what he and any member of the jury would have done if they had been a young boy like Howard Brown.
“But it doesn’t matter whether or not Albert Beshara was an Assyrian or what his nationality was. He was a libertine. And what we need is more Howard Browns. That is the way to get rid of libertines; purify the home and stop indecency. If I were praying I would say Oh, Lord, give us more Howard Browns! I don’t know whether it is Assyrians, Russians, or what has come into undermine our country’s morality. But something is doing it. And what we need to do is get rid of all the libertines. And if we had more Howard Browns there wouldn’t be any libertines.”
What a Contract?
“But Judge Robinson would destroy him. Not satisfied with the learned solicitor he has gone out and brought in three special prosecutors to take that boy’s life. Oh, what a contract that must be! What a contract Judge Robinson must have to want to exchange lifeblood for gold. What is it they want? This boys’ lifeblood as a bloody trophy for Assyria. Oh, what a contract that must be! But I say give us more of them. I am glad I am appearing for him. I am proud of it. In the struggle there in the store he had a right to believe that if that man got the pistol away from him, he would kill him, and I ask you gentlemen of the jury to think what you would have done. And His Honor will charge you if you believe that he was reasonably sure his life was in danger he had a right to shoot and to shoot to kill.
“I know you will never take the life of a man who honorably protects his home, and the bedroom of his mother. I know you as men of Wayne county and I believe in you. I know you are not going to be hoodwinked and place a stigma on such a man. If I thought so I would catch a night train away from here.”
He concluded with the Biblical parable about Truth, Justice, and Mercy, and said that God made them elementally into each man and that it was their duty to give each.
Freeman Speaks
Col. George Freeman spoke first for the state, asking the jury to disregard the human element, and any question of nationality and render a verdict of murder. He said the evidence showed that Brown followed Beshara and killed him with premeditation. He claimed that the evidence did not show that Brown and Beshara were clenched when the gun was fired.
W.A. Finch of Wilson succeeded Col. Freeman and took up every statement and denied them in detail. He made a personal, eloquent appeal, sustaining his reputation of smoothness and emotional appeal to the jury. Howard Brown had two defenses he maintained, one the defense of his home and the other the defense of his life. He regretted that he could not remain to the end of the trial but told the jury he felt confident of the outcome.
Will Allen followed Mr. Finch and dwelt on the instinct in a man or a youth or in fact any human being to protect his home, and said that one could not repudiate Brown’s conduct unless he expected him to stand like a cur and do nothing.
Faison Thompson, arguing the case for the state, said that the killing was premeditated and therefore murder. He declared that if Brown had shot Beshara coming from his home it would have been manslaughter.
Major Allen followed Mr. Thompson.
Taylor Shows Coat
W. Frank Taylor at the outset of his plea for the defense declared that they too wanted the case decided upon experience and intelligence. He presented the coat evidence and maintained that it was impossible for a man to have fired a gun and shot Beshara at the various angles at which he was shot if they had not been clenched. He added the further evidence that the coat was found in a blaze.
The trial began yesterday with Brown on the stand. After his complete story he was subjected to a grueling cross-examination by Judge Robinson. The learned jurist asked him again and again how Beshara advanced on him. Finally Brown said, “He came up on his feet.”
Judge Robinson asked him another question, and Judge Allen held that that ground had been covered. Finally Brown stepped the whole argument about what he had said by saying he did not remember.
S.L. Rose, R.L. Thompson, Miss Alva Brown, and W.F. Cuttington were the other witnesses. Mr. Cuttington testified to seeing the print of teeth in Howard Brown’s shoulder. Mr. Rose testified to knowing the Browns for 30 years and declared that the character of Howard was good. Mr. Thompson and Miss Brown, who is not related to Howard Brown or any of his people she declared, said Howard’s character was good. She said she had known them and had been here a long time.
Won’t Tell Age
“How long did you say you have been here,” teased Judge Robinson.
“A very, very long time,” she laughed, “but I’m not going to tell you how old I am, so you needn’t ask it.”
Judge Robinson, Colonel Langston, and Solicitor Siler will speak the morning, the judge will charge the jury, and the case may go to the jury by 11 o’clock.
From the front page of The Goldsboro News, Aug. 26, 1922
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