Earl Rogers
Encyclopedia
Earl Rogers was a successful American trial lawyer.

Life

He was the son of a Methodist minister who went to California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 when Earl was still a small boy. He was admitted to the bar in 1897. One of his clerks was Buron Fitts
Buron Fitts
Buron Rogers Fitts was a California politician, who was the 29th Lieutenant Governor of the state from 1927 to 1928 and Los Angeles County district attorney thereafter until 1940....

. Rogers appeared for the defense in 77 murder trials and lost only three. He astonished medical experts on the witness stand with his technical questions. His expertise was so complete that he became a professor of medical jurisprudence and insanity in the College of Physicians and Surgeons
College of Physicians and Surgeons
There are several educational institutions that are called the College of Physicians and Surgeons:*The College of Physicians and Surgeons which merged with the University of Maryland School of Medicine...

as well as a professor at the University of Southern California Law School
University of Southern California Law School
The University of Southern California Law School , located in Los Angeles, California, is a law school within the University of Southern California...

. In "The Case of the Grinning Skull", Rogers introduced the skull of a victim to prove that what appeared to be a fracture resulting from a violent blow from a blunt instrument was, in fact, the result of carelessness by the autopsy surgeon. His client walked free.

Ten years after his death, impressed with accounts of Rogers’ cases, attorney and author Erle Stanley Gardner
Erle Stanley Gardner
Erle Stanley Gardner was an American lawyer and author of detective stories, best known for the Perry Mason series, he also published under the pseudonyms A.A. Fair, Kyle Corning, Charles M. Green, Carleton Kendrake, Charles J...

 reincarnated Rogers as the character Perry Mason
Perry Mason
Perry Mason is a fictional character, a defense attorney who was the main character in works of detective fiction authored by Erle Stanley Gardner. Perry Mason was featured in more than 80 novels and short stories, most of which had a plot involving his client's murder trial...

. Earl Rogers's life is recounted by his daughter Adela Rogers St. Johns
Adela Rogers St. Johns
Adela Rogers St. Johns was an American journalist, novelist, and screenwriter. She wrote a number of screenplays for silent movies and, late in life, appeared with other early twentieth-century figures as one of the 'witnesses' in Warren Beatty's Reds, but she is best remembered for her...

, who was his sidekick for most of his legal career, in her book Final Verdict (Doubleday, 1962).

William Alford, 1899

Rogers defended William Alford from a murder charge by demanding that the victim's intestines be brought into the courtroom, where he had an expert witness testify that the path of the bullet confirmed Alford's story.

Charles F. Mootry, 1899

Rogers defended Charles F. Mootry from a charge of murdering his wife by appealing to the jurors' own feelings about their wives. He later indicated that he thought Mooty to be "guilty as Hell."

The Catalina Island murder 1902

Rogers is also remembered for the defense in the Catalina Island
Santa Catalina Island, California
Santa Catalina Island, often called Catalina Island, or just Catalina, is a rocky island off the coast of the U.S. state of California. The island is long and across at its greatest width. The island is located about south-southwest of Los Angeles, California. The highest point on the island is...

 murder case. In the early morning hours of August 13, 1902 at the Metropole Hotel, a colorful gambler and cardsharp named William A. Yeagar, known as "the Louisville Sport", was murdered during a cardgame. Alfred Boyd was one of three men in a room playing poker. Upon hearing the sound of gunshots, a bartender entered the room, and saw two men and the dead body of the third, bleeding over the Ace of Spades. Harry Johnson, the third man at the table, ran from the room yelling "He shot him, he shot him!" and handed Boyd's gun to the bartender. The first man on the scene and almost-witness bartender Jim Davin thought there was no question that Boyd was the killer. Boyd was charged with the murder, and Rogers won his acquittal after getting Johnson effectively to confess under masterful cross-examination.

Griffith J. Griffith, 1903

Colonel Griffith J. Griffith
Griffith J. Griffith
Griffith Jenkins Griffith was a Welsh-American industrialist and philanthropist. After amassing a significant fortune from a mining syndicate in the 1880s, Griffith donated to the City of Los Angeles which became Griffith Park, and he bequeathed the money to build the park's Greek Theatre and...

, the namesake for Griffith Park
Griffith Park
Griffith Park is a large municipal park at the eastern end of the Santa Monica Mountains in the Los Feliz neighborhood of Los Angeles, California. The park covers of land, making it one of the largest urban parks in North America...

, was tried for the attempted murder of his wife.

Patrick Calhoun 1909

Patrick Calhoun
Patrick Calhoun
Patrick Calhoun , son of Andrew Pickens Calhoun and grandson of John C. Calhoun, great-grandson of his namesake Patrick Calhoun, who was the immigrant Calhoun.He was an entrepreneur...

 was grandson of John C. Calhoun
John C. Calhoun
John Caldwell Calhoun was a leading politician and political theorist from South Carolina during the first half of the 19th century. Calhoun eloquently spoke out on every issue of his day, but often changed positions. Calhoun began his political career as a nationalist, modernizer, and proponent...

 and was president of the United Railroad Company. He was charged with bribing the San Francisco Board of Supervisors in exchange for granting the overhead trolley franchise to his company in the wake of the San Francisco Earthquake of 1906. Rogers defended Calhoun, but during his trials and all related trials of United Railroad Company's general counsel Tiery Ford, Rogers didn't call a single witness or introduce any evidence, arguing that the prosecution simply hadn't made a case against the defendants. On June 20, 1909, the Calhoun jury was deadlocked, with the final jury vote at ten for acquittal and two for conviction. He was not retried.

Morrison Buck, 1906

In 1906, he made one of his rare appearances for the prosecution and used his medical expertise to send Morrison Buck to the gallows for the murder of a wealthy socialite.

Clarence Darrow, 1912-1913

"Perhaps the most famous lawyer-client disagreements recorded in legal lore were the ones which developed between Clarence Darrow
Clarence Darrow
Clarence Seward Darrow was an American lawyer and leading member of the American Civil Liberties Union, best known for defending teenage thrill killers Leopold and Loeb in their trial for murdering 14-year-old Robert "Bobby" Franks and defending John T...

, indicted for attempted jury bribery in Los Angeles
Los Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...

 in 1912, and his chief counsel, legendary Los Angeles criminal lawyer Earl Rogers. The case arose out of Darrow’s defense of the McNamara brothers, labor leaders who were indicted in the 1910 dynamiting of the Los Angeles Times
Los Angeles Times
The Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....

 building in which 21 Times non-union employees were killed. Since the Times was widely considered as the most anti-labor newspaper in the country, it was universally suspected that factions in organized labor were behind the bombing. Eventually the McNamara brothers were indicted and Clarence Darrow was brought in to defend the case. The case gripped the attention of the entire nation. Before the McNamara brothers could plead guilty, however, Darrow himself was indicted by the Los Angeles District Attorney for allegedly attempting to bribe a juror. Darrow ultimately hired famed Los Angeles criminal defense lawyer Earl Rogers as his chief counsel. When the case went to trial, however, Darrow frequently disagreed with his attorney over how the case should be tried. According to the account of Adela Rogers St. Johns, Earl Rogers’ daughter, much of her father’s energy during the trial was given over to trying to convince Darrow and his wife to accept his views on how to try the case. “[W]e had an almost daily row over Darrow’s courtroom behavior and continual scraps about the three lines of defense and which came first so that a lot of the time my father was as restless as a .400 hitter benched in the World Series.” “The drive it took for my father to control Darrow’s desire and insistance (sic) that the defense rest entirely on the conspiracy-frame-up basis was mounting into hot or icy quarrels.” “On several occasions Rogers threatened to quit him flat if he persisted in some course that Earl believed was wrong.” Significantly, Rogers was successful in getting Darrow, the great champion of organized labor, to refrain from making an argument essentially condoning the dynamiting of the Times building and the killing of 21 innocent people. Rogers and Darrow ultimately split closing argument duties. Rogers’s short summary of the evidence was business-like and to the point, emphasizing his own theory of the case that Darrow was too smart to have been involved in a bribery scheme and that he would not in any event have knowingly run across the street at the scene of the bribery and thus draw attention to his presence at the scene of the crime. Rogers gave particular attention to the report of a prosecution witness that Darrow had run across the street waving his hat. “[Earl Rogers] pranced into the corner and took his own elegant [hat] off the rack and began to wave it frantically. We saw it. Plainly. This was to be the visual, pictorial, unbelievable thing a man could not do if he was guilty, re-enacted before the jury.” After all was said and done, Darrow was acquitted in short order after a three-month trial. However, he was later indicted for allegedly attempting to bribe another juror in the McNamara brothers’ case. Earl Rogers began the second case as lead counsel but was soon forced to withdraw from the case due to health reasons. The second bribery trial ended in a hung jury, with several jurors holding out for a conviction. Rogers’ biographers have speculated that Rogers’ continued presence in the case might have controlled Darrow enough to produce a second acquittal. Without Rogers to restrain him, Darrow did what he had wanted to do in the first trial. He attempted to condone the wholesale destruction of the Times employees as a social crime rather than a horrible murder. This plea in his argument to the jury caused several members, according to their story, to hold out for conviction. The jury could not agree and was discharged. It was not until many months later that the second indictment was finally dismissed, based on Darrow’s agreement never to practice law in California again. No doubt the good judgment of Earl Rogers in convincing Darrow to forego his justification argument in the first bribery trial was an essential element in returning the Great Defender to his role as America’s leading advocate for organized labor, the poor and the oppressed. Clearly the most difficult advocating that Earl Rogers faced in the Darrow case was in convincing Darrow not to continually hurt his own case with unappealing – if not suicidal – arguments."

Jess Willard 1913

He defended boxer Jess Willard
Jess Willard
Jess Willard was a world heavyweight boxing champion. He won the heavyweight title from Jack Johnson in April 1915 and lost it to Jack Dempsey in July 1919....

 on charges of second degree murder stemming from the death of his opponent John "Bull" Young from a blow to the head in the ninth round of a boxing match on August 22, 1913. On January 13, 1914, a jury found Willard not guilty. Willard later went on to become heavyweight champion of the world.

Charles E. Sebastian, 1916

He defended Los Angeles Police Chief Charles E. Sebastian
Charles E. Sebastian
Charles Edward Sebastian was the 30th mayor of Los Angeles, California, serving from 1915 to 1916.-Biography:He was born in Farmington, Missouri on March 30, 1873....

, who later became mayor, against a charge of illegal sexual relations with a minor. While running for the mayor's office Sebastian became embroiled in a litany of charges but was later acquitted of them all. He did, however, depart City Hall on September 2, 1916, after adverse publicity concerning his personal life arose from the publication of several letters of a damaging nature, and Earl Rogers ran the mayor's office until the appointment of Frederick T. Woodman
Frederick T. Woodman
Frederick Thomas Woodman served as the 31st Mayor of Los Angeles, California from 1916 to 1919.-Biography:...

 as Acting Mayor on September 5, 1916.

External links

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