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PEOPLE OF THE STATE OF NEW YORK versus GEORGE FRANK: OPENING STATEMENT FOR THE PROSECUTION BY FRANCIS L. WELLMAN (June 29, 1891)
MR. WELLMAN: May it please the court, Mr. Foreman and gentlemen of the jury (1)
The first law of God and man is, “Thou shalt not kill.”
The Grand Jury of this County have said, by this indictment, that they find reasonable cause to believe that the defendant at the bar, George Frank, otherwise known as Ameer Ben Ali, has violated the law; and it is for that reason that we are assembled here to try probably the most atrocious crime that has ever been committed in our midst.
The defendant, whose right name is Ameer Ben Ali, is an Algerian, a Mussulman, as they are called, a follower of Mohammed. Very little is known by the prosecution about his former life. He claims to have been at one time a French subject, and to have fought in the Franco-Prussian War, connected in some way with the surgical department of the French Army I believe.
About fifteen or eighteen months ago, he came to this country. There were some friends of his living in Brooklyn, and he went into partnership in the fruit vending business with one of his friends in Brooklyn for a while; but, falling out with that friend, having a quarrel with him and a lawsuit, which got into the criminal courts, and about which you will hear, if he testifies, as it has been suggested in your examination that he will testify, in his own behalf.
MR. HOUSE: We object to the District Attorney’s referring to any matter that he knows or ought to know that he cannot refer to or prove, unless the defendant’s character is put in issue, or he takes the stand. It is, therefore, unfair and incompetent for the District Attorney to refer to the previous character of the defendant at this time.
THE COURT: All that I can say now, in answer to that objection, is that the District Attorney may go on with the history of both of the parties—the defendant and the deceased—as far as he knows it, or claims to know it.
MR. HOUSE: But can he refer to the past life of the defendant?
THE COURT: He may go on.
MR. FRIEND: We will except.
THE COURT: I will take care, when the proper time comes, to instruct the jury what to regard and what to disregard in this case.
MR. WELLMAN: After going out of business with this friend in Brooklyn, we can’t find that he did any business except that of a beggar in the streets, because the next trace we have of him is that we find him over in New York here, constantly, at night, drinking with the women who will be produced here as witnesses, and consorting with them at the East River Hotel and their assignation houses in that quarter. Next we find him arrested in Queens County for vagrancy, he having begged—
MR. HOUSE: Now, if your Honor please we take exception to that part of the statement of the District Attorney, and I desire it to go on the record now, that we protest against the District Attorney stating to this jury that the defendant has ever been under arrest in Queens County, or any other county of this State, or any other State. Your Honor knows that the District Attorney has no right to refer to that, until the character of the defendant is put in issue, and so makes it an issue in the case. I pronounce it as unfair and unlawful and unjust on the part of the District Attorney, and I ask your Honor to stop him now.
THE COURT: As I understand it, the District Attorney has merely stated, as far as he claims to know it, the history of the defendant. I think he has a right to do that, but at the same time, I will instruct the jury that every statement that has been made here, as to the arrest of this man, or as to anything that has a tendency to impeach his character is not to be regarded by the jury, unless the defendant becomes a witness, and puts his character in issue. I do not know whether he will or will not do that, but at this stage of the case I can do no more than I have done.
MR. HOUSE: Will your Honor give me the benefit of the exception?
THE COURT: Yes, certainly.
MR. HOUSE: The stenographer has taken this down I apprehend.
THE COURT: I have no doubt that he has.
MR. WELLMAN: You have heard this application for the list of witnesses for the people. The defendant knows perfectly well many of our witnesses. He knows them, because they were produced before the coroner. He knows that many of our witnesses were from this very jail in which they were incarcerated with the defendant, Ameer Ben Ali, and it must be necessarily part of our case. It is where they knew him and saw him, and where they learned the facts which they will narrate to you—in the Queens County Jail, with this man. He knows that. I do not intend to state anything that is unfair to this defendant, in this opening, and, when the opening is finished, you will bear me out in that statement.
Now I say that he was arrested for begging and for vagrancy on the street, and was incarcerated in the Queens County Jail for that reason, and, at that time, he was found with splints on his arm; and he spent, apparently the money that he got in begging, in New York at the East River Hotel, other assignation houses as we will show you, and with the women we will produce here.
On the 22nd of April, this defendant spent most of his day around the East River Hotel, and other drinking places in the neighborhood. He was drinking most of the day with this woman “Shakespeare,” Carrie Brown, who was found the next morning, murdered in the East River Hotel.
On Wednesday—Tuesday or Wednesday, the 21st or 22nd of April, this defendant slept in the East River Hotel, with some woman unknown to the prosecution—whose name is unknown to the prosecution. They knew him, they had then seen him, and had had trouble with him, which they will narrate to you, before, with women in that hotel. I speak of that simply to show that he was acquainted with those premises. And they gave him a room with a woman on Tuesday or Wednesday, the 21st or 22nd of April. In the morning he passed out in the ordinary way through the bar. If you remember, as you were there today, one of the entrances is through the bar room. He passed out at 7 o’clock that morning—at 5 o’clock he passed out. At 7 o’clock in the morning he was at another assignation house at 49 Oliver Street, and there had to do with a woman named Alice Sullivan; and I might say, here, that this man is unnatural in his sexual desires.
At 10 o’clock he is around with “Shakespeare,”—Carrie Brown—drinking in saloons. At 3 o’clock he is with “Shakespeare” and several other women at several other saloons, drinking, in the neighborhood. At 8 o’clock, again with women in another saloon, drinking, and “Shakespeare” is among them, the woman that was afterwards murdered. At 8:30 it rained, on Wednesday night, and Alice Sullivan, the girl who had been with him that morning, at 7 o’clock, and who had seen him in many saloons with the woman “Shakespeare,” during the afternoon, was passing along the street after she saw the defendant and the woman “Shakespeare” on the street. She was hurrying on her way, and she heard only, “Sleepa tonighta at the Fourtha Warda Hotel,” that being only another name for the hotel that you visited today. At 9 o’clock in the evening he is at the bar of the East River Hotel drinking, and at 10 o’clock that same evening that woman, “Shakespeare” is in the “box,” which you have noticed at the hotel, the small place where the women sit and drink with men, aside from the bar. This woman, “Shakespeare,” was there with a man unknown to the prosecution. At about a quarter past 10, that evening, the bell rang on the Water Street entrance—the door that you went in today—which is always locked, and through which couples who wish for rooms in the hotel must apply. They ring this bell, which connects with the bar, and under the bar where the bell is, is the key of the door. That door is always kept locked. That bell rang about a quarter past 10. The woman, Mary Miniter, the Assistant Housekeeper at the hotel, went to the door and admitted Carrie Brown, or “Shakespeare,” with a light-haired man. They paid 50 cents for their room, and ordered a tankard of beer, and went to Room 31.
At about half past 12, that night—between 12 and 1—the bell rang again. Mary Miniter, in the meantime having gone to some room herself with a man, and Samuel Shine, the barkeeper, being engaged in playing cards, the doorbell was answered by Eddie Fitzgerald, who was the bootblack of this hotel, and who was also the night watchman. He went to this door, and there admitted the defendant. He recognized him. He had seen him two days before—had seen him about the hotel. The defendant asked for a room for himself, which was against the rules of the hotel. They never let a room to a single man. They let a room to a single woman for 25 cents, and they let rooms to couples for 50 or a dollar, but they never let a room to a single man, especially on the top floor, because the men would wander around on that floor, and that was their rule, and I believe before that time that rule had never been broken. But Eddie Fitzgerald, not being the person ordinarily in charge of the door, and it being late at night, and Mary Miniter being already in bed, Fitzgerald took the 25 pennies that this man gave him, and gave him a candle and a key of Room 33, and he went to Sam Shine, who was playing cards, and gave him the 25 pennies, that he had received from the defendant, and said that he had let a man go upstairs—the dark man, “Frenchy,” as they knew him around the hotel.