Volume II: Filmography

THE JUDGE'S STORY

August 4, 1911 (Friday)

Length: 1,000 feet

Character: Drama

Cast: Marie Eline (the little black boy)

Note: A black character is given a very sympathetic role in this film, in an era in which blacks were often subjects of derision and ridicule by other film makers. Edwin Thanhouser was enlightened and ahead of his time in the areas of equality and social responsibility (cf. The Satyr and the Lady, The Cry of the Children). Like several other Thanhouser pictures of this era, the film stresses the fallibility of circumstantial evidence.

ADVERTISEMENT, The Moving Picture World, July 29, 1911:

"A stern judge from his bench one day casts a cold eye on a trembling Negro on trial before him - and lapses off into a vivid dream. When he comes out of it, he relates it to the jury - and the prisoner at the bar is set free. But the proceeding was just what might have been expected, for the judge's tale, as the jury heard it, could only have brought the one result it did, and it is this remarkable story that we here picture for your enlightenment."

SYNOPSIS, The Moving Picture World, July 29, 1911:

"A poor friendless Negro stood at the bar of justice, on trial for his life. The evidence was purely circumstantial, but even the lawyer assigned to defend him was skeptical as to his innocence, and indifferent as to the result. The prisoner told a straight story, but others swore that the victim had identified him, in a manner, before he died. The trial proceeded speedily, and the outcome looked black for the prisoner. The aged judge on the bench, who had listened to stories of sordid crimes for years, heaved a sigh of relief when the lawyers concluded their arguments and started to sum up. His charge was brief, for there was little he felt called upon to say. Just as the jurors were preparing to file out, there was an interruption. A feeble old colored woman forced her way through the crowd, and falling on her knees before the judge's bench, employed 'massa Jack' to save her boy. The judge looked down and recognized her. He showed strong emotion, called the wandering jurors back to their seats, and told them that before they started in to consider their verdict, he wanted to tell them a story of 50 years ago.

"At that time a young Confederate officer, while in camp, received word that his mother was fatally ill. He secured a leave of absence and started for his old home. It was a trip full of difficulties, because the Union troops were all around the neighborhood, but he managed it somehow, and was in time to receive his mother's dying blessing. On his trip back the officer was unlucky enough to be seen by the enemy, and was wounded, but managed to elude them. Finally he took refuge in a Negro cabin, where a colored woman took him in, cared for him, hid him, and when searchers came denied that he was there. Her six-year-old boy also did what he could to help the wounded soldier, finally securing him a horse, which the officer rode away.

"As the soldier started off, a Union trooper appeared and called upon him to surrender. But the Confederate, noting that the other was unmounted, put spur to his horse and galloped away. The Union soldier, seeing his enemy escaping, knelt and took careful aim at him, but just as he was about to fire, the little Negro boy jumped forward, grasped his musket, and struggled to take it from him. There was a shot, and the boy fell wounded. The Confederate would have gone back to his assistance, but other mounted foes appeared, and he saw it would be useless, so he made his escape. After the war the Confederate tried to find the child to reward him, but utterly failed. 'I was the officer,' the judge concluded. 'The prisoner at the bar was the child who saved my life. Some persons have come forward here to testify to his good character. He says he is innocent of his crime, and I believe him. For a child who would risk his life to save another, could hardly develop into a cowardly assassin.' The jurors agreed with the judge, and when the real slayer was captured later they were glad they had done so. And the judge saw that the man who saved his life spent the rest of his days in the happiness and comforts that were surely his due."

REVIEW, The Morning Telegraph, August 6, 1911:

"We cannot recall a war story photo play that is more novel or more consistently carried out then is this tale, which begins at the present time and reflectively jumps back fifty years, and relates this narrative told by the Judge in his courtroom to the jury who are trying a Negro for murder. A man had fallen on the sidewalk, having been struck down by one who ran away. This Negro, being the first person to arrive on the scene, is arrested and indicted on circumstantial evidence. His old Negro mammy recognizes in the judge a Rebel officer whom she and her little boy during the late rebellion, had rescued from Union pursuers and enabled him to get back to his own lines. The judge, at that time an officer in the Confederate Army, had received word that his mother was dying. He got a furlough and arrived at his mother's bedside before her death, and on the return was observed by the enemy as referred to above. The camp scenes, the chase by the soldiers, the excellence of the light effects, including day, early dawn, sunset and night effects, almost surpass any similar photographic production which we have seen. Unfortunately, the courtroom scene is crudely put on, the ceiling of the room looking particularly low; while the jury and arrangement of spectators is by no means up to the high standard set in other portions of the film. Taking it all in all, however, it is an offering few spectators should miss."

REVIEW, The Moving Picture World, August 5, 1911:

"Whenever a film maker skillfully seizes and elaborates certain possibilities peculiar to the moving picture, as distinguished from the conventional stage, he is entitled to special credit. The story within the story is peculiarly within the province of the moving picture, and the makers of this film have shown themselves well advantage of grasping and using the singular advantage. The Negro, so the story runs, is unjustly accused of a capital crime and is put on trial. In the course of the proceedings, the old mother of the alleged culprit in the courtroom recognizes the judge as a Confederate veteran, whose life was saved in years gone by through the courage of the accused. The judge, who had through the years vainly sought to discover and reward his benefactor, recognizes the mammy who makes a remarkable plea to the jury for the acquittal of the accused. In the course of his charge to the jurors he tells the story of his adventure in the war, and shows the Negro and his mother to be made of heroic stuff. He concludes his remarks with the words: 'The evidence is wholly circumstantial; may God help you find a verdict of not guilty.'

"It is a powerful climax. The charm of the story lies in the quick change from drama to dramatic narrative in the display of a fine ability to sustain the character of both equally well. After the old mammy has made her plea to the judge, we see the picture showing the adventures of the latter when he was a young soldier fighting for the Stars and Bars. It is a most exciting narrative, well illustrating the aptitude of the moving picture for telling in a graphic and lively manner a story of pure adventure. The outdoor settings are particularly fine, and the acting of the young soldier much above average. The scenes in the home of the soldier were affectingly natural and touching. A warm word of commendation must be said for the jury. The director's work on this score can scarcely be praised too highly. It was a typical jury with just enough of a Southern touch in its makeup to give it the proper local color. It is a pleasure in connection with the review to advert to the marked improvement of all the productions of this maker, who promises to give the industry many valuable contributions in the future."

Note: The preceding review is an illustration of the anonymity of those involved in motion pictures, for the writer does not know the director's name, nor can he identify the young soldier whose acting "is much above the average."

REVIEW, The Moving Picture World, August 19, 1911:

"One little bit is worth a special notice in this not important picture; it is the Thanhouser Kid's little Negro [actually a racial slur was used - Ed.] boy. The story as shown is not convincing and the war scenes are not realistic. She's the only real Negro in the story. Especially artificial and unpleasantly theatrical is the captain's entrance into the room where his own mother lay dying. He had to be invited in - just think of it. On his way back to the camp it was the Negro boy's heroism that saved his life. When the captain, now a judge, tells this story to a jury, the old darkey, seemingly older than the judge though he wasn't more than seven when the judge first saw him, is acquitted of a crime he didn't commit. The dying victim of a murderer had accused him of doing the deed. One doesn't know what a good lawyer would say to the verdict, but it was justice.

"As for the Thanhouser Kid's acting, it has an astonishing quality. A few days ago we saw her as a little lame boy in her company's very beautiful Pied Piper. There is no relationship between him and this Negro boy; they are separate individualities. Either Marie Eline has a marvelous pliancy and ability to accept the suggestions and ideas of the pictures' producer or she has incomprehensible springs of wisdom. A child like her has no self-conscious experience, nor any story to tell the world by means of her acting. She is merely an actor reflecting equally well apparently what ever character is brought before it. The faculty of reflecting character thus is histrionic genius. And good acting always benefits both player and audience or spectators. The player is more so than the audience, for the audience is permitted to feel emotions while the powerful player remains as cold as silvered glass. Maybe Marie Eline has some of that incomprehensible but invaluable gift, true genius."

REVIEW, The New York Dramatic Mirror, August 9, 1911:

"A Negro happens along at the murder of an old man by thugs. The murdered man accuses the Negro. At the trial the judge gives the Negro a good character before the jury by telling how he and his old mammy saved his life during the war, when he broke though the lines to see his dying mother. The jury acquits him. It makes an interesting story, even though it arouses one's credulousness. However, as a war story it is well done."

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