New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-19

who wants legal aid to cheat his wards out OF
their patrimouy, break brothers vii In favor
of his beloved wife, or harry some poordcvil
editor whose police reporter has incsutiously
stated that said customer was arrested on
charge of grand instead Of petty larceny
Now it is very wei for Mr.. Kimball-sitting at
ease in his own elegantly furnished house. with
fair rent-rol and . number Of frstrate
clients, TO tell brother Briefless not TO dsbble
in such dirty business-to reject with scorn"
the fifty dollars laid in his hungry palm, to
"preserve his selfrespect,' and hold out
unto the end" but not quite so easy for Brief
less to satisfy his tailor and landlady with such
east wind They are matter-Of.fact people.
and {" the end" Of their patience is already WIS.,
ible to the naked eye So Briefess clutches
the fee. and lets drive at the widow, the or
phans, the editor, against whom he has no evil
intent whatever except in the way of business
The worlds his oyster, and he must get his
itself He knows this is dirty business, but
hungry dogs can't afford to be particular.
He knows, moreover, that he will be estimated
and prOspered, not at all according to the mer-
its of his case but according TO his own skill
in handling it. If it is a very bad one, and he
nevertheless wins it, he will be more prodted
by il than by winning dozen good ones Let
him achieve a decided success in plundering
the widow, the orphans, or the editor, aud he
may soon ride in bis carriage, pick and choose
his eases, and discourse as lovingly and brave
" as brother Kimball of the duty of adornins'
his profession and studiously observing all the
decencies and preserving all the proprieties.
In fact, he has meant TO do this from the first,
and this was one Of his inducements for taking
that first scoundrelly fifty dollars.
The fundamental wreng is in the system
which sent him forth thus human spider, to
live by his net There ought to be no such
letting loose of young attorneys to prey on So
ciety as we every year witness. Lawyers
should be chosen by something akin TO the good
old Calyinistic doctrine of Efiectual Calling
that is, our social relations should be such
that q man should be required as lawyer be-
fore he should be permitted to turn his back
on wholesome, honest Productive Industry and
shut himself up in den, seeking whom he
may devOur How very great a change in So
ciety this involves we thoroughly realize but
until some such change takes place, it were
idle TO hope that the Legal Profession can be
cleared of the popular odium which now at
taches to it as the peddler Of sophistry and
pander to knaveIy.
But the evil and the temptation we have in
dicated attach only to the outset Of the
lawyers career. Beyond this, he is not only a
knave but fool if he stoops to the arts Of
Discrimination, lends himself 70 the uses of
rascality, or does anything inconsistent with the
sternest integrity and the most stately self
respect 1t is not merely true that many
lawyers are models of uprightness and honor
it is equally true that no knayish, tricky law
yer ever Cor very rarely achieved great
success, or even an eminent standing at the
Bar. There is many a lawyer whom all the
gold of California would not tempt to uphold
an unjust cause nor pretend what he really did
not feel. And these Contrary to the vulgar
impressiOn) are the best advocates of good
cause-nay, the best defenders of party who
has without evil intent done wrong to another
Acase in point now occurs to us which happen.
ed during our brief experience" Gas Pierce
would say as a juror in the City Hall, which
forcibly illustrates our meaning:
Several years ago, Mr.. Samuel j. Wilkin of
Orange County was for a brief season a prac-
titOner at our bar, and was the ssunsel of two
rather fast young men who had run over and
injured an old woman by reckless driving in
our streets. (Ihe one who drove was in fact
without property, but the law held both alike
responsibility The case came on, and the facts
were duly elected. Mr. w. crOss.examined the
witnesses for the plaintiff sufficiently but
cOurteously, so that all the facts were fairly
presented. Then rising for the defense, he
said in substance, Gentlemen of the Jury, my
clients were clearly in fault here, and, though
it is hard case, the law holds the solvent one
responsible for the reckless driving Of his in
solvent companion. You will of course be
obliged to render verdict against us but /
beg you to consider that there was no malice
in the premises, no evil intent, only careless
ness, which we deeply regret, and are willing
TO atone for. l trust you will agree with me
that this is no case for exemplary damages
He spoke perhaps fifteen minutes in this strain,
and the result was verdict of some 5000,
where lawyer of different stamp, commenc.
ing with an attempt to dscredit and bully the
witnesses for the plaintiff, and winding up with