New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-09-01
The Case Of DIR. Graham.
LETTER FROM ]. D. WHITING, ESQ.


To the EDITOR of the New York Times: @@
DEAR SR--In an article appearing in the
columns of your journal yesterday, referring to
the case Of r. M. Graham, NJ D.. of New
Orleans-an article undoubtedly dictated from
that honorable attention to topics of public in
terest, which ought to actuate every high
minded JouTnalist-you copy a statement from
o New Orleans gazette, that Hon. Randell
Hunt, OF that city, is engaged for the defence OF
Dr., Graham. At the conclusion Of your edi-
toriai remark based upon that statement you
say:
"We SHAH haze a small army Of lawyers on
each side, arrayed against each other in in
telleotual combat, each doing his best to over
reach or defeat the other. Witnesses ,cil be
bullied, some facts ,oiH be concealed, and others
tctH 6e distorted, passions aeiH be invoked,
preludlces actH be appealed to, every thing tciil
be done that logic, learning, wit and eloquence
can accomplish to sway the judgment and de-
eide the result; and the jurymen are to be made
| victims OF all this sharp and ,a,scfupatioas
professional practice"
The italics are my own, as calling attention
to the authoritative manner in which you en-
unciate the supposed conduct Of his trial de-
| sire to correct the misunderstanding Of the New
Orleans paper and your own. Hr. Hunt, an
intimate friend of DR.. Graham, was in this city
at the time Of this most unfortunate occurrence.
en- route to Europe. He left on the following
Saturday, and will remain for some months,
At the inquest he sat near me, as the friend Of
DR.. Graham, and as the evidence developed
some Of the most important facts Of the case,
| was very much, if not wholly relieved from his
painful anxiety about his friend He certainly
then (and | have heard nothing since to induce
| me to believe otherwise) determined not to take
part In the defence Of the case During the in
vestigation he conducted himself in a gentle
| manly and courteous manner, was most DESTROYS
that the truth, and the whole truth, should
come out, and at once. There was neither on
his nor on my part any bullying or attempt at
ooneealment; no passions invoked or prejudices
appealed to, nor was there any resort to sharp
or unscrupulous practice. By what right, then,
or by what code of honor or gentlemanly bear
ing DO you or can you justify this wholesale and
unstlnted abuse of an absent gentleman, who,
for himself, has never publicly spoken q word
on the subject of this case, and who, profession
ally, never will take any part in it,
| This attack does no stop at him; it not only
seeks to strike blow at the whole of our pro-
fession, but most particularly against me and
such gentlemen as may be associated with me
| in DR.. Graham's defence.
| 1t assumes that our characters are all bad
that We are all abandoned and profigate--
capable Of any enormity to defeat justice, nay,
more, it assumes to give this character to our
profession generally. Against this wholesale
Pronunciation, beg leave most solemnly to enter
my protest. Your article in its tendency is
still worse. 1t is most illiberal and unjust 1t
assumes not only that DR.. Graham is guilty Of
the offence for which the grand jury have
| thouget proper to indict him, but that resort
| will be had to bullying, falsehood, treachery,
and INSCRIPTIONS practice to bear down the
truth. The scope and tendency of your article,
if uncorrected, will prevent the accused from
having calm, fair, impartial and unpreju-
diced trial Ii this was intended, as / hope it
was not, | appeal to your own good sense and
manliness to say whether you ought not at once
| to correct it.
| AS to myself, I have only to say, that this is
the first time to my knowledge, that in pro-
fessional career of over twenty-f years, l
have been so causelessly and injuriously as
sailed If had earned such reputation as
you have chosen to give to DR.. Graham's coun-
| sell, I would be unworthy of my profession, and
would deservedly, long since have been removed
| from it. 1t is q profession of which have al
| ways been proud, as enrolling among its mem
bers not only very many who now adorn the
bench, but the bar; and for its numbers, fairly
| comparing with any other in the land for high
moral worth and mental power.
@ ]. R. WHITING.