Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-01-14
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, be is Josnhed in pursu-
ing his defence, and even In bis behalf sug-
costing or insinuatiDg the guilt oil another
party, has lately been discussed in England
The discussion appears To been PROVOKED Oy
some instances in which the theory that the
advocate is the clients mouthpiece, ana
therefore is to say what his client Wouln or
might say, had produced more than It's usual
evil fruits. In one case barrlster had Ia
ken upon himself, in the exercise OF bis dis
cretion," to invent and suggest in public the
idea that lady, upon whose premises a roO-
bery was committed, had an intrigue with the
thief his client; 10 another poor girl was mar
raised and eventually driven mad by an inSl''-
uation of her being murderess, spon'ane-
ously and deliberately made I'm the ais
charge Of his duty" when the counsel knew
of his clients confession. In third case
the Injustice of which counsel are sometimes
guilty. was 50 glaringly exhibited that 1t drew
a remarkable rebuke from the Court. We
quote from the London Times:
During the trial of case MIR. Sergeant
! Thomas asked witness il he was IN dithcul'
ties. This being answered indlgna ltiy 10
the negative,
Mr., Justice Erie said he really thought 1t
an abuse of the power OF counsel 10 put
such a question without fOundati u, and he
Thoughts counsel who did 50 deserved III OF
the public. r,
! Mr. Serieaut Thomas said he was only ioi-
| lowing his instructions.
Mr.. Justice Erie said he should like to
know who Instructed him. ,.r
Mr.. S,reant Thomas said it was very diff
cult to conduct case.
| Mr.. Justice Erie said the freedom OF ques-
ton allowed TO the bar was public NUISANCE
aud the barrister who made such an lmFu1a-
ton ought to be prosecuted. 1t was most
important right.
! MIR. Serieant Thomas said it is most I'M
porsspt thing to do ones duty, and difficult
! not to answer the Court.
MIR. Justice Erie said when he thought q
question bad relation to the truth he was
most anxious il should he put, but - cast
bap-hazard imP utations, at the suggestion oil
a person who might have no scruples as 10
what he did, was degree OF mlschlei tnae
made him wish party should be prosecuted
| lie begged leave to say that IN DIS eA!ei
he had seen counsel 50 abuse their privilege
that he had cordially wished power could
be instituted that they might be prosecuted
for misdemeanor. If the imputotIon was
correct one, of course he was wrong ID
this instance, but he did not see any sign OF
ground for the imputaton.
1t would be we'll for lawyers themselves,
for the dignity and character Of Courts oil
Justice, and for innocent witnesses who are
badsered by unscrupuIous counsel into saying
the opposite of what they intend to say, ana
perhaps into subjecting themselves to uh-
Just suspicious, ii there were more judges
with the rectitudc and determination OF Mr.
Justice Erie, prepared to rcbuko a practice
so unjust in Itself and repugnatt = every
principle of social obligation and tar dealing
as between man and man. -Balh amer.