The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1854-05-19


sides, thus explains the "voluntesrins OF MT.
c.. in the defence Of NJ. F. Ward, who kiiieo
Professor Butler:
Mr.. Cri,tenden is not at home, and IN ms
absence it is not easy to obtain oil the 'ac.s
connected with his appearance IN the Case
nor do we feel entirely at liberty to use'
without his knowledge or consent, such as
we have obtained. We will, however, say
thus much: Several months ago 1t was CON-
muuicated 10 Mr.. Crittenden, from Mr.. Ward,
that he wished to engage his professional
.eryices in the defence of his son. Mr. Crit
tenden was not at liberty to refuse, If he had
felt ever so much inclired to do so; for il is
a settled principle with the bar and bench
that an application to appear in the defence
upon a criminal prosecution is never to be
refused if compliance be possible and consiS-
tent with previous engagements. This prin-
ciple is grounded in chiefupon these reasons:
First, every man accused of crime, whether
men suppose him to be guilty or innocent,
has right to fair and legal trial, and to
have every consideration of fact and law ia
vorable u his case presented 10 the jury;
secondly, it is impossible for the lawyer ap-
piled to to decide that the accused is guilty
without knowing the whole testimony on
both sides, and the whole can never be known
in advance of the trial; and, thirdly, for the
lawyer to refuse on the ground that the ac-
cused did not deserve defence would be to
throw the weight of the lawyers character
against the accused in advance Of the trial
and to the prejudice of his case.
Mr.. Ward wished to secure Mr.. Critten-
denis professional services for his son. Mr..
Crittenden was not at liberty to refuse; he
was bound to appear in the case, and, so far
as appearing in it was concerned, he was no
i"vounteer." One question only remained.
Should he accept fee, or should he render
the services graluitously, as an act of friend.
ship towards the father OF the accused, who
had been his intimate personal friend for
many years! He decided on the latter; he
would take no fee. One OF his friends un-
derstands that a very liberal one was intima-
ted or offered to him. If he had accepted il
the case would have been the common one
of professional services rendered for reward
and nobody would have thought it wrong
But if it would have been right to yield to
Dir. Wards wishes aud defend his son for
money, could it be wrong to defend him for
friendship! We think not.
We have published articles from other pa.
pers, and written some ourselves which re-
fleet unfavorably upon the character and mo
tives Of Mr.. Crittenden, and having no in
tention or desire to do him injustice in tn,
least degree we will cheerfully give him thu
benefit Of the above explanation.
We have seen no explanation as yet, pur
PORTING to come from the pen of Mr.. Cri;ten
don himself aud a ,nna,rs that this an
from the Commonwealth is volunteered,
and is also subject to the same criticism Q
Mr.. C.'s volunteer services. 1t 10 generall
believed that there was an object in havin
it publicly appear to the world, in advance o
the Ward trial that Mr. Crittenden had vol
unteered his services, and that the objec
was to give him additional weight in tn
case.
1t was heralded beforehand that he ha
volunteered, and that "his great purity o
character would not permit him to engage j
the defence of bad man, much less a mur
derer."
That Mr.. c. was not at liberty to refus
: his professional services in this case, if cor
II sistent with other engagements, we wi
n agree, but that it was essential for il to 81
:, pear to the world that he had volunteers,
=, out Of friendship to the father of the accuse,
and published before the trial, we are of opir
ion was grossly improper, and in this opir
e ion we are sustained by the great mass
l. community. Had there been no other oil
l. ject in his volunteering than the one allege
E by the Commonwealth, certainly it was stric
g, ly matter which concerned Mr.. Crittende
Is and Mr.. Ward only-purely matter of pr
t, vate friendship between them.
Dr. We will suppose that Robert j. Ward d.
os sires to get his defaced door and his gree
h house repaired, and calls upon some comp,
re tent mechanic to do it. Upon reflection Ii
mechanic Gays to himself:
al am under no personal obligations to NJ
al Ward for past favors; he has always oppose
I. me politically; | only know Mr.. Ward as
III worthy citizen. but will go and repair
is door and his house; will do it graf
is itously; in other words, will uofunteer to {
70 the work purely out Of friendship, in consi
Grafton that Mr.. Ward is worthy citizen
whom ] am under no personal obligatio
es save and except that he has always oppos,
Mt me in politics. II Mr.. Ward will have
of announced in the newspapers of the cit
10 that have volunteered to fix his door and r
is pair his house, and let it be especial
n understood that would n 'ither fix b;
door nor repair a bad greenhouse, will q
tend to it after the lapse of month or two
:" Now it strikes US that this latter job is ju
as much a private matter between Mr.. Wa
"a and his carpenter. as the former Job was b
ne tween Mr. Ward and Mr.. Crittcnden, al
pa fnr the object avnwed and lie the ohiecf