Butte record., 1855-12-22
Crime.--What Public Opinion
Might Do

circles and in the public journals, and
seems to be directed, in a partial manner
at least, to ascertaining how far counsel
can 90 ia such clSes, and maintain their
standing in public estimation, as moral
and respectable men Oar own opinion
is that lawy yers who are governed by
correct code of ethics, could do nothing
more than send him to the galIows as
speedily as possible. The circumstanc-
es attending the case Of Cora, are Of 50
aggravated character, that it is an ut
ter impossibllty for him to escape, ex-
copt by the subtlety Of counsel, and
upon some technichality. Its aggrava-
ted character is not excelled by the case
Of Webster, and is not extenuated by the
same weight Of reason and of character.
Cora, a gambler by profession, thrusts
his paramour into the presence Of res
poctablc flmily, and b cause exceptions
are taken to it, deliberately and cody
shoots down the person, who objects to
assoc:ating his family with public prosti
tutes. Now the question arises how far
can lawyers 60 in defending this man,
and maintain a correct moral character;
In healthy state of public opinion a.
lawyer who, by legal technichalities and
bubbles sought to acqut entirely, or
postpone the punishment of this man,
however Intelligent or high-minded he
might be, would be classcd with the
murderer, as a man dangerous to the
peace aud dignity of society, The
greater the mental qua iica'ions of such
alawycr, 50 in proportion is his offence
against morality If his mental qualifi-
cations are great, they have been made
so at the expense of his morality "a
man who has received only mental ed
cation, and has not been taught the
great moral truths and mixims, which
make him a christian and feel the Divin-
itv that is within him, has only been half
educated. His education has only drill
ed him for mi chief" This is the con-
dition Of men who seek to exculpate the
guilty upon technical grounds alone.
If thy have been taught the great NOR
al truths, they make them ''commerc al
commodity" and receive for them a fee,
generally in proportion to the magnitude
of the offence. We do not consider it
the duty of lawyer to sink his moral
responsi ibility to community, and bend
his mental energies TO evade the law,
and infict wrong upon community.
lhe inducement of big fee, may over
come the moral scruples of a lawy er, and
induce him to be instrumental in turning
a murderer loose upon society but the
fact of his receiving big fee does not
release him from the duty he owes to So
ciety. Ifhe chooses thus to barter his
moral principles and his moral obliga-
tons to society, he undoubtedly has the
right to do So Public opinion, however
should point him out as man dangerous
to community--as man whose moral
responsibility to the community has been
bartered for base gold--as man who
has prostituted his vast requirements to
aid the guilty to escape the just punish
melt Of the law. In case like the one
above referred to, public opinion should
class'the counsel with the prisoner, ifin
their efforts to clear the defendant, they
stoop to quibbles and technichalities.
\ fair administration of the law is all
that counsel cold ask, with due re
gard to their responsibility to the public.
If the prospect of reward induces them
to 20 beyond that, they at once become
more despicable, than he who kills his
ueiehbor under excitement But there
is no excitement attending the course of
counsel For a stipulated sum they for
get their moral obligations to commun.>
tv, and use their utmost endeayors to
frustrate the law and turn the guilty
loose upon community All admit that
there is a wrong, but where to draw the
line is the question: The line We con-
ceive to be law itself For instance
The law says that the wilful killing Of
another person is murder and fixes the
penalty. IF a person commit murder
and escape the penalty through the
subtlety Of counsel, then the counsel
have passed the line of their duty as one
of the public, and for the remuneration
of fee, have sold their moral obiga.
tons and turned their hand against
community. Such men are more dam
gerous than the guilty Their acts say
to the criminal, persevere, We will clear
YOU Of blame. Public opinion can and
should remedy this, and render crime
I :. 4.