The very first time we see Ben Wade in "310 to Yuma" he is doing something that makes us sympathize with him ... and we see him do the same thing at least two more times. What is it?

The positive qualities of the Devil

Explanation:

Ben Wade represents all of the Devil's power that includes an 'angelical' side, capable of redemption. This is clearly shown in the beginning of the movie where Wade decides not to kill a Pinkerton agent although (in the next scene) he obviously doesn't have any moral problems killing people that present a possible threat to him or his gang.

Furthermore Ben Wade is handsomly dressed, talented and seductive.