Howe and Hummel - Criminal and Civil Practice

Criminal and Civil Practice

Howe handled most of the firm's criminal work, participating in more than 600 murder trials in the course of his fifty-year career and winning a large but unstated proportion of them. He was noted for his extravagant dress, favouring bright waistcoats and large jewelled rings - although he steadily dressed down as a capital trial progressed, invariably ending it in a funereal suit and black tie. He had a markedly florid rhetorical style, on one occasion delivering an entire summing-up, two hours, while on his knees before the jury box. One of his most remarked upon talents was an apparent ability to weep at will, although legal historian Sadakat Kadri notes that his frequent opponent Francis L. Wellman "suspected that he used an onion-scented handkerchief to get in the mood". The less extrovert but more intelligent Hummel specialised in civil law and ran the firm's thriving blackmail racket, representing chorus girls and thwarted lovers, threatening married men with exposure and well-off young bachelors with suits for breach of promise of marriage.

At its peak, operating from offices just across the road from NYPD headquarters on Centre Street, Howe and Hummel received fat retainers from a significant proportion of the criminals, brothel-keepers, and abortionists of New York. All 74 madams rounded up during a purity drive in 1884 named Howe and Hummel as their counsel, and at one time the firm represented 23 out of the 25 prisoners awaiting trial for murder in the city's Tombs prison and had an undeclared interest in the twenty-fourth.

Bill Howe's persuasive abilities were the stuff of legend. Perhaps his most notable achievement was to get a client, Ella Nelson, acquitted on a charge of wilful murder. Howe admitted that the girl had been armed with a revolver, but successfully persuaded a jury that her trigger finger had accidentally slipped not just once, but four times in the course of an argument with her married lover.

Another of Howe's most spectacular defenses, according to the New York Tribune of 2 September 1902,

was his sudden turn in the trial of Edward Unger, who confessed that he had killed a lodger, cut up the body, thrown part in the East River, and sent the rest in a box to Baltimore. Mr Howe stupefied the courtroom by dramatically denying that Unger had done any of those things. He increased the surprise by asserting that Unger's little seven-year-old girl, at that moment on her father's knee, had done them. After tapping thus a wellspring of astonishment, Mr Howe turned the emotion dextrously into profound sympathy by explaining that it was the thought of the little girl which prompted Unger to conceal a deed done in the heat of passion. The jury convicted the confessed murderer of manslaughter only.

One of Howe's most notorious cases, however, may have been that of John Dolan, convicted in the murder of merchant James H. Noe. Despite a desperate legal to save his life, Dolan went to the gallows on April 21, 1875. New York Times coverage of the case, which riveted New York for several months, identifies one William F. Howe as Dolan's attorney. In a noticeable omission, it does not mention Dolan in its obituary for Howe.

Among Abe Hummel's most celebrated achievements was the discovery of an error in procedure that led to the release of 240 of the 300 prisoners on Blackwell's Island in a single day. On another occasion, the partners invoked a technicality that, had it been allowed, would have set free every prisoner awaiting trial, or recently convicted, of first degree murder in the state of New York, and made it impossible for the authorities to obtain further capital convictions for murder for a period of several months.