The Emerson Case Shooting at the Music Hall: Murder or Self-Defence?
London, Ontario 1898 Timeline Witnessess Trial Snapshot Laws More Info
Shooting at the Music Hall: Murder or Self-Defence? .... you decide On April Fool’s Day, 1898, at the Music Hall on 229-231 Dundas Street in London, an audience anticipated the performance of a three act comedy, in the genre of a political satire, entitled "The Candidate." Instead, the curtain opened to reveal a tragedy. William D. Emerson, a well known actor who was to play the leading role, had shot James Tuttle, the manager of the Wesley Stock Co., with a .32 caliber revolver. When the curtain was raised, Tuttle lay dead on the stage. An actor appeared and asked "if there was a doctor in the house that a man had been hurt." The crowd, already impatient at the delay of the performance, laughed at what they believed to be an April fool’s joke in the opening scene. The scene on stage before them was, however, not part of the performance. Witnesses testified at the trial in order to recreate the background and events of the shooting on Friday, April 1 to the jury. The local newspaper, The Daily Free Press (now the London Free Press), reported detailed coverage of Emerson’s trial to the curious public. It included that the general public feeling regarding the shooting was sympathetic towards Emerson, especially when his wife and daughter were considered. Emerson had refused to perform until he was paid the $35 in back wages owed to him by Tuttle. Emerson testified to the jury that he had asked for these wages on the previous Tuesday, was promised payment the following morning, but never received it. On Thursday, he again asked Tuttle for the money and again Tuttle promised, but failed, to bring his wages. Emerson was in earnest need of his wages, and his anxiety to receive them was heightened when Mrs. Emerson lost her purse on Friday. Fear of unpaid wages also prevailed amongst the other actors in the theatre company, and the cancellation of their next performance in Chatham increased their apprehension. Tuttle had previously told Wesley, when referring to Emerson, that "he would make him wait until he was good and ready to pay him" (April 5, 1898). Emerson, determined to receive the money owed to him, refused to perform until he was paid. Tuttle sent $8 to Emerson in order to temporarily appease him, and have the already delayed performance begin. Emerson was not satisfied with the $8 sent to him and requested full payment. Tuttle then confronted Emerson on stage, and told him that "Sunday is pay day." Still not satisfied, Emerson told Tuttle "I must have it." Tuttle then struck Emerson in the face; the force of the blow caused Emerson to stagger backwards as the blood flowed from his mouth. Contradictory statements as to whether Tuttle made a second violent attempt at Emerson were presented to the jury. Charles G. Drewe, also a member of the Wesley Stock Co., testified that Tuttle appeared as though he intended to strike at Emerson again. Some stated that Tuttle was reaching for one of the knives that were on the stage table when he was shot; others claimed that the table remained untouched. Laughlin, a witness to the scene, claimed to have seen the whole incident through a side window to the stage. He testified that after being drawn to the Music Hall by the sounds of yelling, he heard Tuttle say "You won’t, won’t you?" and immediately afterwards watched him strike Emerson in the face. Tuttle then stepped back to the table, secured a knife in his right hand, and moved towards Emerson with the knife raised while saying "I will kill you" (Sep. 30). Laughlin then heard the shot of a pistol. Emerson also testified that "after the blow, Tuttle picked up a knife and started towards him," and he "fired the gun from his side with the intention of intimidating him" (Oct 1). Emerson revealed that his only intention was to fire into the air, for he did not want to hurt Tuttle. In support of this claim he stated to the jury that if he had shot directly at Tuttle he may have hit either his wife, Mrs. Booth, or Miss Robinson, all of whom were behind Tuttle. Furthermore, he could not fire at the stage floor, since the dressing rooms were located below. Emerson returned to his dressing room after he fired the gun, where he requested that a police officer be brought in so that he could confess his crime. He was still unaware that Tuttle was dead. Emerson was charged with first degree murder by his own confession. When Emerson confessed to the authorities, he told them "I’ll give myself up to you. I did this in self-defence. I had to do something to protect myself" (April 5). A witness by the name of Becher Furness reported Emerson to have said "There, gentlemen…You see I did it in self-defence" (Sept 30). Furness, however, "would not attempt to give an accurate account of the conversation which passed between the two men" (Sept 30) Tuttle was found with a gunshot wound in his head and between $182.61 and $211.38 of cash in his pocket. The loaded revolver carried by Emerson became another controversial and debated topic. Witnesses claimed to have only seen Emerson with the revolver when it was needed for a performance. His character of "Leopold Bunyan" on April 1 did not, however, require a revolver, although it was claimed that several of the roles he had played throughout the week had used this prop. Testimony also stated that "the revolver was to be used in two plays Emerson was featured in, but since it was to be fired at another actor, it should have been loaded with blank cartridges—only when loaded with a ball was the gun to be fired at a target." Further testimony suggested that shots were to be fired in the play when Emerson was off stage, therefore he would need a loaded gun in order to create sound effects during the performance. Emerson’s maid claimed that he generally kept his gun on a shelf, but was told by Mrs. Emerson that, "the baby’s clothing had caught in the weapon the previous evening, and it would be better not to leave it there again" (Oct. 1). Emerson told the jury that he carried the revolver for protection in the alleys, as the path he traveled to and from the theatre could be dangerous. Tuttle, the 28 year old manager from Brantford, was unpopular with the majority who described him as "frightful and hot tempered" (April 6). 42 year old Emerson, on the other hand, was described as a handsome man, who was well liked for his manners, disposition, and fondness for his wife and child. On April 5, in a preliminary examination, the charge against Emerson was reduced from murder to manslaughter. The jury gave a unanimous verdict that "Emerson was under great provocation, and in a great state of excitement—and in self defence" (April 5). Mr. Fyle, Tuttle’s brother-in-law, held an opposing opinion. The Daily Free Press reported him to have stated, "It’s a strange thing to me if this man did not premeditate the shooting" (April 2). His bail was set at $8,000 on June 23 but, unable to pay such a large amount of money, Emerson remained in jail. On September 28 the charge of manslaughter was disputed, and Emerson was again on trial for his life as the charge against him was reverted back to murder. Emerson remained in jail for six months, as the trial began on September 29 and lasted until a verdict was given on October 3. After three and a half hours of deliberation, the jury returned a verdict of "not guilty" (Oct 3). The crowd of spectators inside the courtroom rose and cheered when the verdict was read. The men waved their hats in the air and the women waved their handkerchiefs. Some members of the crowd also shed tears of joy. There was also a crowd outside who cheered when Emerson emerged from the court room. Emerson was a free man.
How do you vote ... guilty or not guilty? Guilty Not Guilty Send me your reason!
Researched and written by Karen Allen Summer 1999
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