The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1858-01-26
THE LICENSE OF COUNSEL.

THE LICENSE OF COUNSEL.
The subject of the license of counsel. the
question as to what lawyer may do or say
for his client, and how far, with knowledge
of that clients guilt, he is justified in pur-
suing his defence, and even in his behalf
suggesting the guilt of another party, has
lately been discussed in England. The
discussion appears TO have been provoked by
some instances in which the theory that the
advocate is the clients mouthpeics, aRd
therefore is to say what his client would or
might say, had produced more than its usual
evil fruits. In one case a barrister had
taken upon himself, in the exercise OF his
discretion" to invent and suggest in pub
lie the idea that lady, upon whose prem
Uses a robbery was committed had an in
trigue with the thief, his client; in another
a poor girl was h lrrassed and eventually
driven mad by an insinuaton of her being
anurderess, spontaneously and deliberately
made ''in the discharge of his duty" VIXEN
the counsel knew of his clients confession.
In third case. the injustice Of which cOun-
sci are sometimes guilty, was so glaringy
exhibited that it drew a remarkable rebuke
from the Court. We quote from the Lon
don Times:
"Mr Justice Erie said when he thought
question had relation to the truth, he was
most anxious it should be put, but to cast
hap-hazard imPutations at the suggestions
of person who might have no scrIples as
to what he did, n degree OF mischief
that made him wish party should be prose-
cuted. He begged leave TO say that in his
experience he had seen counsel so abuse
their privilege that he had cordially wished
power could be instituted that they might
be prosecuted for misdemeanor
1t would be well for lawyers. themselves,
for the dignity and character of Courts of
Justice, and for innocent witnesses who are
badgered by interruptions counsel into
saying the opposite of what they intend to
Fay, and perhaps into subjecting themselves
to unjust suspicious, if there were more
Judges, with the rcctitude and determine
ton of Mr. Justice Erie. prepared to rebuke
practice so unjust in itself and repugnant
to every principle of obligation and fair
dealing as between man. To be witness
in All i'nportaR. or strongly contested case,
under this system of license, has become a
humiliating and painful position. The tes
timnny may be ever plainly given, it
may bear upon its face the very impress of
truth but if the witness be deficient in the
nerve that enables him to face brow-beat-
ing cross examination, and without self
possession to adhere closely and firmly to
his recital, his case is a pitiable one. The
slightest variation is magnifed into DELHI
crate prcraricatien. the most inSignifca ant
omission dwclt upon until the unlucy man
is made to feel that his character is in peril,
the vcracity that had heretofore given his
word weight gone, and that it is not the
criminal at the bar. but himself, who is up
on trial. If he maintain his self-posscssion
and is enabled to meet the cross fire of
questions to which he is subjected with
cquanimity and answer them with self-pos-
session, he scarcely fares better. The ad
vocate still has the privilege of impaling
linn before the jury, of disappearing
him and misquoting him there, of referring
to his readiness in answering the pre-
rnredness of duplieity. and of dwelling up
ON his clearness of recital as the character
istic of willing witness"
This evil license of counsel is not alone
of transatlantic growth. 1t Aourishcs as
well in the republican simplicity of AmeIi-
can Courts as beneath the wig and gown of
the British barstrr. 1t Is undoubtedly
true here there, that in the profession in
both countries there is large and eminent
class who utterly reject the practice and
condemn the theory which seeks emolu-
ment and certain sort of fame through a
channel that strips the practitioner of all
honorable feeling and should subject him
70 public contumcly. But it is equally true
that there is another large class of the pro-
feSsioR who do not hesitate to adopt the
system to its fullest extent. and to take up
on them, with the case in hand, the charac-
ter of the client they defend becoming in
verify his mouth peace. they utter all the
lies, ISLANDERS, insults, and false accusations
of crime he may suggest, and pursue all the
subterfuges and dishonest practices that he
and his companions may invest as suitable
to corrupt orfnAuence the jury trying the
case. The line of demarcation between
these two classes of tho profession is for
tunntely so broad that in censuring one
there is no danger of doing injustice to the |
other. The community involuntarily draws
the distraction with precision that ena-
bles it to look up with repect to the one
class, and to condemn the other with the /
same criminals who are indebted to its ex-
tra-professionnl acts for escapes from the
penitentiary and gallows.