For the Defense

Released in 1930, For the Defense boasts an economy of storytelling that is impressive. In 62 minutes, it offers a sophisticated romance between characters played by two burgeoning stars, a protagonist based on a real-life public figure, and a skillful use of early sound technology. William Powell stars as William Foster, a New York attorney with a reputation for never losing a case. Unfortunately, his colorful clientele consists of thieves, murderers, and other assorted criminals. Foster is not above using dubious tactics to win his cases, from dramatic courtroom maneuvers to bribing jury members. The toast of an underworld of liquor parties and speakeasies, Foster revels in his notoriety, rubbing his successes in the noses of the district attorney, judges, and other lawyers. He dates Broadway star Irene Manners, who wants to marry Foster and settle down, but the high-powered attorney is not inclined to change his ways or give up his lifestyle. Kay Francis costars as the beautiful Irene, who is sought after by rich playboy Jack Defoe. After Foster refuses her suggestion of marriage, Irene drowns her sorrows in drink before turning to Defoe. In a madcap dash through the countryside in her roadster, Irene runs down a man and kills him. When Defoe gallantly takes the rap for her, Irene begs Foster to defend him in a case that will change all of their lives. To modern-day audiences, it is William Powell and Myrna Loy who embody the idea of sophisticated romance, but before their pairing by MGM, Powell and Francis were a popular romantic team. For the Defense marked the third collaboration of Powell, Francis, and producer David O. Selznick, who were all under contract to Paramount at the time. Selznick was the first to recognize the apt pairing of the urbane Powell and the chic Francis when he cast them in Behind the Make-Up (1930). Powell and Francis would eventually make six films together. For the Defense gave Francis her first true starring role. In earlier films, she had played uncomplicated villainesses or vamps, but Irene Manners was not painted in the same broad brushstrokes. Irene made morally wrong choices, but she was also sympathetic because she was motivated by love. The role gave depth to Francis's burgeoning image as a woman of the world scarred by bad moral choices. Tall and lean, with a cello voice and throaty laugh, Francis brought glamour and elegance to her protagonists no matter their situations. In For the Defense, she also garnered attention for her ability to wear a stylish wardrobe, a skill that quickly became a part of her star persona. On a date with Foster, Irene wears a frilly dress with a low neckline and a silky wrap, which suggests a softer side as she reveals her desire to marry. Later, in the courtroom, her simple black dress stands out because it is trimmed at the sleeves in white fur and accented by long pearls. Her chic attire is complemented by a short, masculine haircut in which her brunette locks are slicked back. The film also represented an early starring role for William Powell, who had played a succession of cold, brutal characters during the 1920s. William Foster was a more appealing role because he was a hardened figure who is tempered by love. Powell's gentlemanly persona and elegant diction fit the character of an ace lawyer renowned for his courtroom charm and rhetorical power. William Foster was based on a real-life attorney named Bill Fallon, known as "the Great Mouthpiece." Fallon practiced law for less than ten years, but he defended some of the most notorious names of the Roaring 20s, including Arnold Rothstein, who may have fixed the 1919 World Series, and Nicky Arnstein, Fanny Brice's gambler husband who was accused of stealing millions of dollars in securities. Fallon seduced juries with his melodious voice or mesmerized them with his tailored suits, silk ties, and fancy shirts that he wore only once. Fallon died in 1927 at the age of 41, but his high-profile career provided fodder for books, plays, and movies for several years. For the Defense was directed by John Cromwell, who later made Of Human Bondage (1934), The Prisoner of Zenda (1937), and Dead Reckoning (1947). Cromwell worked hard to overcome the limitations typical of so many early talkies. Instead of depending on studio-bound interior scenes in which characters stand in one place and speak loudly into hidden microphones in order to capture sync-sound dialogue, he interspersed documentary-like footage of New York locations to give the film atmosphere and authenticity. For the Defense opens with an establishing shot of the Bridge of Sighs, which was the overhead walkway that once connected the Manhattan Criminal Courts with the Tombs, the city's infamous jail. In the foreground, a double-decker bus filled with tourists passes under the Bridge. A voice-over by the bus's tour guide then explains the significance of the Bridge of Sighs as viewers watch a criminal being escorted from his cell in the Tombs across the Bridge to the courtroom. Using the narrative device of the tour guide provides a unique and concise introduction to the milieu of the film in lieu of awkward sync-sound scenes. Another example of the use of asynchronous sound instead of static sync-sound dialogue occurs when Foster and his assistant enter the Manhattan Criminal Court building. Their conversation about the case is heard as a voice-over as the audience watches them ascend the stairs of the impressive classical-style building. Sync-sound dialogue may have been sacrificed, but the bird's eye view of the authentic location is more visually dynamic. Cromwell also made clever use of rear-screen projection to create the illusion of characters conversing outdoors in city streets or other urban environs. For example, a scene in which Detective McGann grills Foster's chauffeur for information occurs outside the Manhattan Criminal Court building as the driver struts around the high-priced automobile. A rear-screen shot of a bustling downtown intersection provides the exciting backdrop to the conversation, which could not have been recorded on an actual city street at that time. Later, a newsboy sells papers with a scandalous headline about Foster in front of a rear-screen shot taken along Broadway. People, cars, and taxis come and go in the background but most interesting is the inclusion of the Cameo Theater with its marquee announcing the coming of Broadway Scandals, a 1929 musical from Columbia Pictures. The detail proves the documentary-like authenticity of the rear-screen footage, because it is doubtful that Paramount would willingly promote an early talkie by a rival studio. Despite Cromwell's determination to make a more visually exciting talkie than was typical for the time, For the Defense does suffer from the poor quality of early sound recording equipment. In long shots of characters speaking sync-sound dialogue, those closest to the microphones are loudest, making for uneven sound levels. Likewise, in the scene in which Foster makes a speech addressing the accusations of corruption by the district attorney, the sound levels waver each time he turns his head away from the microphone. For the Defense is rarely mentioned in film histories or in the biographies of William Powell or Kay Francis, but it deserves to be remembered for its authentic locations, its astute use of sound, and its impact on the careers of the principal stars. By Susan Doll Producer: David O. Selznick (uncredited) for Paramount Pictures Director: John Cromwell Screenplay: Oliver H.P. Garrett, based on a story by Jules Furthman Cinematography: Charles Lang Editor: George Nichols, Jr. Cast: William Foster (William Powell), Irene Manners (Kay Francis), Jack Defoe (Scott Kolk), District Attorney Stone (William B. Davidson), McGann (John Elliott), Daly (Thomas E. Jackson), Miller (Harry Walker), Parrott (James Finlayson), Joe (Charles West), Charlie (Charles Sullivan), Eddie Withers (Ernest Adams), Judge Evans (Bertram Marburgh), Reporter (Syd Saylor), Judge (Edward Le Saint), Ben the Waiter (George "Gabby" Hayes), Drunk (Billy Bevan), Line-up Lieutenant (Robert Homans), Man in speakeasy (Kane Richmond) 1930 B&W 62 mins.