Educational film magazine; (January-December 1920)

JUDGE RULES OUT FILM AT MURDER TRL\L Motion Pictures Admissible as Evidence under Certain ConditioM>. but Not in This Case The trial of Mrs. Gertrude Wilson, accused of the murder of Charles Brown at Marysville, Cal., which has been at- tracting much attention on the Pacific Coast, has come into even greater prominence through the efforts to introduce moving pictures as evidence. These pictures were made by the defense at the actual scene of the shooting with the assistance of eve-witnesses. Judge Ernest \^ eyand permittetl the pictures to be shown in court, but had the jury excluded at the time, as well as during the entire half-day given over to arguments for and against their introduction as evidence. He later ren- dered a ruling against the admission of the film, expressing the opinion that such evidence might tend undulv to sway the jur\ bv its dramatic effect, as well as set a dangerous precedent. The defense contended that the film showed the oc- currence in the exact manner in which it happened and that in no other way could it properlv be described. It set forth that twelve men in the jurv box form twelve separate mental pictures from spoken testimony, some of which must be inaccurate, while the testimonv of an eve- witness in moving picture form would give one clear im- pression. Jldge VI'eyand's Opinion In giving his decision to refuse the admission of the films as evidence. Judge Weyand spoke at considerable length and went into the matter in detail, stating that he realized that the proposition was a novel and very important one. He quoted authorities on the use of photographs and expressed an opinion that if "juries are naturallv prone to accept them as absolutely correct," as is asserted in "Moore on Facts." this would be even more so in regard to moving pictures. He also directed attention to the fact that an actor alwavs places special stress upon his attempted reproduction of the alleged acts of the person he represents, and suggested that since the actor in the film in question who represented the murdered man had never seen the original, his natural tendencies would be to overact the picture in favor of the side whose version was taken as a guide. He expressed an opinion that moving pictures had their place in courts as evidence and went into detail outlining the possible use of these. In part he said: When They May Be Used "It is highly proper to use a moving picture in aid of any disputed issue in court in an attempt to have clear and truthful mental picture of the incident under investi- gation in order to have it clearly and firmly impressed on the minds of the court and jury. Any court that would refuse to allow the moving picture as evidence in such a case would, in my judgment, be committing a. reversible error. "I may give some instances where I think it would be proper: Suppose the method of operation of some mechan- ical contrivance should be the subject of dispute, and it would be impracticable to show the actual operation of the contrivance to the court and jury; in my judgment, moving pictures that would fully show such operation should be received. Assume that the operator of a moving picture machine were taking a picture on the street showing the movements of men or machines and other movable objects, and an altercation or accident should happen within the scope of the machine, and thereafter the incident be- come the subject of legal inquiry: it would be gross error to refuse the introduction of the moving picture, if proven to have been honestly taken. PiCTlRE.S THE BeST EVIDENCE "I am informed that during a recent strike a moving picture machine was stationed in a secreted position and was made to photograph the actual movements of the strikers. Were this strike or the question as to who may hiive participated therein or the actions of the several participants to become the subject of judicial inquiry, a picture of the persons, their acts and movements so taken would be the verv best evidence in such investigation. "A picture showing the actual progress of a fire or a flood, or showing the action of a windstorm, should be received when it can illustrate any disputed issue or fact. In all these instances it will be noted that the direct fact in issue is shown in the picture." Judge Weyand stated that if the question at issue in the trial in progress was, "Could the homicide have so hap- pened.' the use of moving pictures would have been per- niirsible. but that this was not the real matter in dispute. FEDERAL AID FOR ORAL HYGIENE FILM There is now before congress an amendment to the Legis- lative Appropriation Bill to provide for printing and cir- culating in the states the dental film prepared by the army during the war. The amendment carries an appropriation of S15,000. Part of this sum will be used by the Bureau of Education, if the item is approved by congress, to print copies from the negative of "Come Clean," a three-reel feature owned bv the government and the remainder for paving the expenses of Major Mitchell who was responsible for and directed the preparation of the film. Major Mitchell will be engaged bv the bureau and sent to the various states to cooperate with the state institutions in promoting better health through care of the teeth. The film, although prepared for army use, shows by means of pictures and diagrams the proper care of chil- dren's teeth. It is woven about a story of keen interest. An exciting fist fight is one of the most interesting features of the picture. The School Hygiene Association and the Society on Oral Hvgiene have approved the film and requested congress to appropriate the money for its use in the states. 9' 9' 60,000 Feet of American Educalional-InJustrial Film for China That natives of twenty-eight Chinese cities may "see America first," a number of American industries, including the Ford_Motor Company, the Western Electric Company and the Hoover Vacuum Sweeper Company, have united in preparing 60.000 feet of edu- cational film. This is now on its way to Shanghai. There are two copies of each reel, and they will be used for Chinese lecture courses, directed by Prof. C. H. Robertson. V. M. C. A. educa- tional director in the Orient. The cities in which the pictures will be screened are among the largest in China, running in popuplaton from 225,000 to more than 1,000,000. The course in each place will continue several days. Twenty subjects are treated. Five large American cities will be shown: New York (2 reels). Boston, Philadelphia, Washington and San Francisco. The wonders of these nature spots will be revealed: Niagara Falls, Yellowstone Park, the Grand Canyon of Colorado. Yosmite Valley, Mount Wilson and the Roosevelt Dam. these typical industries will be treated: Orange growing, lumtier. ?iiBar, wheat, milk. Ford plant (two reels), shoes (two reels), coal rrining (two reels), newspaper making (two reels). Before any of the films are shown the Y. M. C. A. will insert Chinese titles and Professor Robertson will prepare his lectures to be delivered in conjunction with the exhibits. The American Telephone and Telegraph Company has in prepa- ration a film. "Speeding the Spoken Word." which will be dis- r--hured in Hawaii by the Y. M. C. .A. 19