Mr. Ashenhurst, a tall and handsome man in his mid-thirties, stood up and walked to just
a few feet from the jury box, unbuttoned his coat, and, at ease and friendly, smiled at the jurymen.
He turned to the judge and said, "May it please the court," turned back to the jury and said, "and
gentlemen of the jury." He nodded his head gently and hesitated only a moment before continuing.
"Good morning. I am Assistant District Attorney John Ashenhurst. I, along with my assistant, Edward
Gutman," he turned slightly toward the man sharing his table, "will be representing the state in this
case. The Honorable Judge Gottschalk will be presiding. He will see to it that the state presents its
case fairly, honestly, and in accordance with the laws of the State of Indiana." He stepped aside to
allow the jury to see past him. "Sitting at the table opposite the state's is Matthew Beachum whom the
state holds in highest esteem. He will be defending the accused." Mr. Ashenhurst's expression turned
serious. "And sitting beside him is the accused, Elmer Hatt, who the state intends to prove beyond a
reasonable doubt, did rob and feloniously, willfully, and deliberately kill Stanislav Radochna on the
night of October nineteenth, 1888."
Elmer tried to smile like Mr. Beachum told him, but he could manage only a feeble
simper. Until now Elmer thought that Mr. Beachum could get him off-that's what Mr. Beachum
kept saying. But Mr. Ashenhurst was such an important man and so sure of himself that Elmer
now thought the jury was going to believe him and not Mr. Beachum.
Mr. Ashenhurst ain't gonna tell the jury that I wanted to run away, but the man
wouldn't let me. He ain't gonna tell them that the man slammed me against the wall and was
going to kill me. He ain't gonna tell them that I didn't want to shoot that man.
Mr. Ashenhurst walked easily to and fro in front of the jury box, pausing occasionally
and gesturing with his hands when he wanted to emphasize a point. He spoke softly in a
low-keyed but confident manner as he told the jury he had the blood covered murder weapon
and eyewitnesses that would place Elmer Hatt at the scene of the murder. And, he told the
jury, when the arresting officer ordered Elmer Hatt to stop, Elmer Hatt chose instead to run.
Mr. Ashenhurst walked to his table, took a piece of paper from his leather case, looked
at it for a moment, and returned to the jury box. He held the paper out in front of him. "Gentlemen, I
have here Elmer Hatt's confession. In it he tells how he waited in the shadows for his victim, robbed
him, and for no discernible reason, shot Stanislav Radochna through the heart."
He ain't gonna tell them that I shot that man in self-defense.
Mr. Ashenhurst talked only briefly about the evidence he would present. He spent the
better part of his opening statement, nearly a half-hour, telling the jury what a threat Elmer
Hatt was to the established order of respectable people. "Elmer Hatt is the loose detritus
coughed out by society," he said, "who hasn't the wherewithal to present even a semblance of
decency. His only means of survival is to prey on hard-working, decent men, men of goodwill
and good substance." He paced to and fro in front of the jury box, pausing occasionally and
gesturing with his hands when he wanted to emphasize a point. He told the jury what a threat
Elmer was to the good church going, God-fearing men and women of South Bend. "The diabolical
intentions of this underbelly of society," he said, "are to inflict his evil deeds on every
unsuspecting victim who unwittingly crosses his path."
Mr. Beachum rested his elbow on the table with his forehead cradled in the yoke of his
thumb and index finger. He was taking notes faster than Mr. Ashenhurst could talk, stopping
only occasionally to look up at Mr. Ashenhurst and smile.
At length Mr. Ashenhurst stopped and surveyed the jury. "Gentlemen," he said, "this
is a felony murder." He put his hands on the railing and leaned forward. "Felony murder," he
continued, "is defined as a killing caused by or during the commission of a felony. Felony
murder is considered first-degree murder and is a capital crime; the penalty is death by hanging.
It is your duty to rid the City of South Bend of this vermin." He stepped back away from the jury
box, buttoned his coat, thanked the jury for the civic service they were performing, turned to the
judge and said, "Your Honor," then returned to his seat at the prosecutor's table.
Fear came to Elmer in intermittent gust, intense, and now in the guise of the Mother
of Jesus, blind, yet standing ever watchful on the judgment seat, holding the sword that would
smite him for sin he had committed against her son. But why do I have to hang for defending
myself, Elmer pondered? Every man had a right to defend himself. But the Bible never said nothing
about self-defense. The Bible said: "Thou shalt not kill," and, "But I say unto you, That ye resist
not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." I didn't
turn my cheek; I killed the man.
The chair chattered when Matthew Beachum pushed it back. Not taking his eyes off the papers
in front of him, he stood up, and then, as though he had just remembered something of no great
importance, he walked to the center of the courtroom, faced the Judge, and said, "If the Court
pleases," nodded slightly, then walked slowly to the jury box and finished his salutation, "and
gentlemen of the Jury." He scanned the jury slowly before continuing.
"John Ashenhurst has just told you that the state, with testimony and evidence, is going
to prove beyond a reasonable doubt that Elmer Hatt, whom he so graciously introduced to you,
robbed and killed Stanislav Radochna." He unbuttoned his coat and put his hands in his pockets.
"What he has, actually, is a hastily gathered assortment of unsubstantiated, fabricated, and
perjurious material that he will try to pass off on you as truth and fact. The allegations against
my client are so obviously manufactured, either deliberately or bogusly through incompetence, and
so blatantly so that I can, and will, with confidence, expose them as coincidental, fabricated, or
perjurious as the State presents them. I will also call witnesses of my own to further disclose how
absurd the state's case against Elmer Hatt is."
Mr. Beachum stepped to the side, and then, pivoting slowly on the ball of his foot, turned
back to the jury. "Stanislav Radochna was seen with a large sum of money the night he was shot, but
there was no money on him when he was found dead. He was robbed and murdered-of that we have no doubt.
The doubt, gentlemen, lies in who perpetrated this cowardly deed. If Elmer Hatt robbed Stanislav
Radochna, then Elmer Hatt should have the money. But no money was found in Elmer Hatt's possession.
Elmer Hatt was not in the saloon when Stanislav Radochna was flashing all that money around, and,
therefore, he cannot possibly have had any knowledge of either Stanislav Radochna or his money."
Mr. Beachum took one and sometimes both hands out of his pockets to underscore a point and
then put them back, all the time slouching just enough to create the image of a battle worn trial
lawyer. "Where did the money go?" He raised his shoulders then let them drop. "No one knows. Surely
John Ashenhurst doesn't know. But instead of admitting that he doesn't, he fabricates a story and
then has the gall to tell you he can prove that it was Elmer Hatt who committed the crime. Well, if
Elmer Hatt did rob Stanislav Radochna, then Elmer Hatt should have the money. But he doesn't. So,
gentlemen, who has the money?" Mr. Beachum studied the jury. "Who has the money? That is the question."
He put both hands on the railing that encircled the jury box. "Well, I'll tell you. It was someone who
was in the saloon that night. John Ashenhurst and Sheriff Harnick should be looking for a man who was
in the saloon and now has more money than he can account for." Mr. Beachum looked down at the floor for
a moment then lifted his head and said, "But they're not. That would be too much work. It is easier for
them to sit on their dead behinds and try to convince you learned gentlemen of the jury that a defenseless
hobo did it."
Mr. Beachum straightened his posture. "Who, I ask you, did pull the trigger that sent a bullet
into the heart of Stanislav Radochna?" Mr. Beachum looked at every member of the jury. "No one knows.
John Ashenhurst doesn't know: he doesn't have a witness. But that doesn't bother him one iota. He says
he can prove Elmer Hatt robbed and murdered Stanislav Radochna. He is lying. He does not know what
happened to the money, and he definitely does not know who killed Stanislav Radochna."
Mr. Beachum pushed his hands deeper into his pockets, and with his head down he walked to
the end of the jury box and back. He lifted his head, looked at each member of the Jury again and
continued: "John Ashenhurst told you that he has two eyewitnesses who will place Elmer Hatt at the
scene of the crime. Actually, what he has is one witness who will testify that Elmer Hatt had a beer
and a sandwich in his bar a full ten hours before the alleged robbery and murder." Mr. Beachum extended
his hands toward the Jury and reiterated, "Ten hours, gentlemen!"
Mr. Beachum put his hands back in his pockets, and, looking down, shook his head. He then
raised his head and continued: "Mr. Ashenhurst has another witness who will testify that he saw Elmer
Hatt standing over the dead body of Stanislav Radochna. That, gentlemen, is impossible. It was too
dark even with a full moon to recognize one's own brother that night. All the witness can honestly
testify to is that he saw a man wearing a derby. If he testifies to more than that, he will perjure
himself."
Mr. Beachum paused. Elmer thought he was angry, but Mr. Beachum continued with a calm,
self-assured voice: "I face in this case, and must admit, facts which are equivocal and, under normal
circumstances, best avoided. You, gentlemen of the Jury, must remember at all times that Elmer is not
on trial for what he is, a hobo, but for a crime he did not commit. And Mr. Hatt is a hobo-a bum, a
tramp, a member of the lower order of our society-but he did not rob or kill Stanislav Radochna. Mr.
Hatt ran when Officer Posey ordered him to stop. That was a mistake, and that mistake nearly cost him
his life. No, Mr. Hatt should not have run.
"So, you ask, why did he run? Well-and I hate to say this-Mr. Hatt ran because he had
stolen a chicken the day before."
There were a few smiles and a few snickers from the jury box. He waited for the Jury to stop
smiling and then continued, "You laugh, but the necessity for survival dictates that every man eat;
necessity does not, however, provide the food one needs to survive." Mr. Beachum stopped for a moment
to study the Jury. "I feel rather foolish standing here telling you my client didn't commit the crime
but was out stealing chickens the day before. That's why I cautioned you not to condemn him for being
a mudsill. You must judge him according to the evidence-or more precisely-the lack of evidence and not
for being a homeless drifter."
Mr. Beachum stopped for a moment. Then, apparently satisfied that the Jury was again serious, he continued.
"Okay, Mr. Hatt had a little chicken blood on him, and that's why Officer Posey stopped him. If Mr. Hatt
hadn't run, he would have been taken to the police station, and if no one reported a stolen chicken, he would
have been turned loose. If someone did report a stolen chicken, he would be facing a petty theft charge now
and not a charge of armed robbery and murder."
Mr. Beachum walked to the front of the bench, glanced at Judge Gottschalk,
and then walked back to the jury box. "Gentlemen, John Ashenhurst has also told you that Elmer Hatt signed
a confession. He did not. He did not write a confession, he did not read or have a confession read to him,
and he did not put his mark on a confession. This whole ordeal about a confession is a fabrication, and I
will soon prove it."
Mr. Beachum buttoned his coat and flexed his shoulders. "Gentlemen, I have seen no finer jury
than you. You are young, intelligent, and well educated. Once you have heard the facts of this case you will
realize that every allegation against Elmer Hatt is just that-an allegation unsupported by proof. All Mr.
Ashenhurst has is a gun and a dead man-God bless his soul. He has no more. He doesn't know what happened to
the money, and he doesn't know by whom Stanislav Radochna was shot."
Mr. Beachum took his watch out of his vest pocket. "While Mr. Ashenhurst was talking to you
I timed him." He looked down and made a subtle gesture with his watch. "He spent seven minutes presenting
his case and twenty-seven minutes lecturing you on the social ills that plague our society." He put his
watch back into his pocket. "The state has the audacity to charge the defendant with armed robbery and murder,
but its case against him is so apparently weak that it has to try him for-" Mr. Beachum stopped. "Excuse me a
moment," he said, "I want to get this right." He went to his table and picked up a piece of paper. Turning to
the jury, he continued," The state is trying Elmer Hatt for being 'loose detritus coughed out by society'." He
smiled and let the paper drop on the table. "I don't know if John makes up these colorful phrases or read them
in a book. Regardless, they are entertaining." Then, turning serious again, he pointed to the statue of Blind
Justice on the judge's bench. "The essence of the law is captured in that icon-Blind Justice. Does the state
think you are blind also? John Ashenhurst spent three-quarters of his opening statement discussing Elmer Hatt's
social status. What, I ask, does that have to do with trying a man accused of murder? Let justice be blind-she
functions better that way-but don't let yourself be blind. Open your eyes, gentlemen, I promise, you'll be
appalled at what you see."
Mr. Beachum thrust his hands deep into his pockets. He walked from one end of the jury box
to the other, giving the jury a brief history of why the founding fathers orchestrated a revolution and
composed a constitution for and by the people. "Every man in every layer of society," he said, "whether
he be rich man or beggar man is guaranteed a trial by an impartial jury. The state shall not deprive any
person of life or liberty without due process of law; nor deny to any person within its jurisdiction the
equal protection of the laws. And we the people hold these truths to be self-evident, that all men are
created equal, that they are endowed by their creator with certain unalienable Rights, that among these
are life, liberty and the pursuit of happiness."
Mr. Beachum put both hands on the railing that surrounded the jury box and leaned forward.
"The state conspires to try the defendant with insinuations and accusation and will try to coerce you
into finding him guilty through association with, or membership in, a social class. Don't let the State
desecrate our judicial institution with hate and prejudice of the unwashed and unwanted. Demand of
yourselves integrity beyond that which the State is capable of."
He thanked the jury and sat down.
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