COA Judge Altice joins cast in courtroom drama

A prosecutor who stood before a jury and openly questioned why the defendant did not testify, a closing argument that lasted 15 hours and a footprint admitted into evidence that had been measured with broken twig – the four murder trials of Indianapolis businesswoman Nancy Clem between 1868 and 1872 exhibited tricks and tactics that are not used or even allowed in courtrooms today.

Those differences in trial procedure along with larger questions about justice will be in the spotlight as the Benjamin Harrison Presidential Site offers a theatrical performance asking whether Clem, who was the first woman in Indiana to be convicted of murder, was guilty or not guilty.

Joining the actors on stage to provide legal analysis in the unscripted show, “Not/Guilty,” will be Indiana Court of Appeals Judge Robert Altice. His colleague on the appellate bench, Judge Leanna Weissmann, is scheduled be his substitute for one of the performances.

“One thing I’ve learned in researching the Nancy Clem case is how much our criminal justice system has changed in 150 years,” Altice said.

Clem was tried for the murders of Jacob Young and his wife, Nancy Jane Young, who were found shot in September 1868 at Cold Spring near the White River. Clem and Young were business partners in what was basically a Ponzi scheme. Two of Clem’s trials ended in a hung jury while the other two ended with convictions that were later overturned.

Benjamin Harrison was the prosecutor in Clem’s second trial. His closing argument was eight hours long, during which he implored the jury to “remember the dead that are buried away out of sight; to remember the hearthstone whose fire has gone out forever.”

Donna Wing, creative director who has portrayed Clem in many other plays, and James Trofatter, resident playwright who has performed the role of Harrison in shows about Clem, will bring their insights to the infamous trials and the woman at the center of the attention.

Charles Hyde, president and CEO of the presidential site, called the show a “compelling drama” about a series of trials that captured the attention of the entire country. To this day, the

question of guilt or innocence hangs unanswered over the story.

The performance is set in the judge’s chambers and the focus is on the notion of justice. Hyde said he sees the 150-year-old story as helping to inform the conversations happening today about what justice is and what it looks like.

At the conclusion of the show, the audience will have a chance to ask questions and interact with the actors.

Altice, who described himself as a “history freak” who devours history books, said he is excited to step in front of the footlights. To prepare, he has read “The Notorious Mrs. Clem: Murder and Money in the Gilded Age” by Indiana University history professor Wendy Gamber. Published in 2016, the book was selected as an editor’s choice by the New York Times Book Review.

His costume will be his normal work clothes of a suit, white shirt and tie, and he plans to have one of his extra judicial robes handy.

In discussing the performance, Altice demonstrates his deep knowledge of 19^th century jury trials.

He said he is amazed at how much the trials during that era relied on character evidence and how less formalized the courtroom procedures were, where sometimes the defense presented its case first. On top of this, the attorneys regularly exercised their oratory skills, making hourslong arguments directly to the jury, and little scientific evidence, let alone the modern-day staples of DNA and fingerprints, was used to support or contradict the charges.

Wing said she has come to believe Clem was unduly tried, even persecuted, for the crime largely because she was a woman who broke the then-norms of society by being a successful businesswoman. Altice said he is also not convinced Clem pulled the trigger, but he thinks she was involved in the murders.

The performance will be Altice’s first return to the stage since he appeared in a bit part in his high school play. However, he has no plans to make a career change.

“I like my day job,” he said.

The 75-minute show, “Not/Guilty,” opens Saturday and continues July 11, 16, 17 and 18 at the Benjamin Harrison Presidential Site, 1230 N. Delaware St., Indianapolis. Seating is limited to 25 and audience members who are not vaccinated are encouraged to wear a mask.

More information about the play and tickets is available here.