The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-08
EMINENT CRIMINAL Ia WYERs.

EhihENI CHIMINhL la w ERS.
JUDGE BREWSTER, in referring in a remarkably
significant and impressive manner to the large
number OF murderers who escape punishment in
this community, and in describing the causes Of
the prevailing insecurity of life, could scarcely
mention, with propriety, one of the most power
ful agencies that conduces to this deplorable re-
suit. The bench is SO often compelled to lecture
the bar on the special points that are constantly
arising, that an allsion to the influence of
adrot and unscrupulous criminal lawyers would
scarcely have been in good taste in charge to
the Grand Jury. But there il no good reason
why the press should be reticent on this topic
and 1t Is obvious to every rejecting mind that
the personages most active and powerful in
cheating the gallows and the penitentiary out of
their just dues the attorneys whose familiarity
with every imaginable device for bambooZing
juries and outwitting magistrates and courts
renders convictions always difficult and often
impossible.
Many persons think that everything is fair not
only in love and in war, but in the practice of
law, and they are ready to admire and reward
the ingenuity of lawyer, even while they feel
that il is prosttuted to an ignoble and dangerous
purpose. But it is worth while to inquire
whether there should not be bounds of some
kind set by public opinion, az well by courts,
to the exercise of discreditable artifces on be-
half of undoubted criminals. AS rule, the
most abandoned scoundrels, and the men most
dangerous TO the community, employ the most
able counsel, and, through their efforts, escape
the punishment which il freely meted out to
poor or bungling rascals who have not the means
or the knowledge to retain these potent dispensers
OF indulgences for every grade of vice and wrong
doing. If the public led away by
nawkish sympathy, or If juries fail to
convict in cases where the weight of evidence
is clearly against the prisoner, nine times out of
ten the real why justice is defrauded is be-
cause the criminal employed champions capable
of awakening doubts where there was no legiti-
mate cause for doubt, of creating sympathy for
men who merited nothing but contemptuous
hatred of surrounding the most odious, OBJ
noxious, and commonplace rascals with air
of romance, and Of transforming bloodstained
guilt into injured innocence.
The trial of criminal thus defended always
becomes an exciting and important event. The
facts may be palpable and convincing, but it
| matters not how clearly the case of the Common
wealth may be proven, weeks must be wasted in
listening to the ictions invented for the defense.
II no real evidence ON behalf of the prisoner eX-
lists, elaborate testimony can be fabricated. Any
case skilfully worked up, affords opportunities
| OF some kind for the suggestion of doubts well
!
urymen, and make them pause in terror at the
possibility OF unjust verdict of guilty. 1t is
scarcely possible to conceive of a murder, under
| auy circumstances, to which plausible defense
| cannot be manufactured If the prisoner en-
pIoys LAWYERS sufficiently skilful in the arts of
! mystiication. Positive testimony is COM
lated by an accusation of perjury; cir
clmstantial evidence is denounced on account of
its unreliablity; and If everything else fails, the
plea of insanity il urged with an earnestness and
ingenuity that few juries can resist 1t is no
easy matter to find twelve good and lawful men
capable OF resisting the articles which used
10 mislead their judgments, and to listen un-
moved 10 the varied appeals to which they are
subjected. II n witness for the Commonwealth
happens to testify to an important fact prejudi-
cial to the prisoner, woe be unto him! The
defense will bring up hordes of witnesses to
swear that he cannot be believed under
oath; and he will be fortunate indeed
if, under the brOw-beatng and badger
ing ordeal to which he is subjected
when he Is under the fire of IA cross-eXamination,
he does not commit some iuadvertent error
which gives color to the forthcoming imputation
upon his truth and yeracty. What with the
contradictions OF witnesses Tor the Common
wealth the invention of probable theories
speeches which consume whole days in the
delivery, and the thousand tricks which ar,
practscd 10 delay trials, or to pack jurles, or TO
obtain pardons, it is rather matter of surprise
that so many men are convicted and punished
than that so many escape.
We readily concede the usefulness and nobilit,
of the legal profession, and the high character
of its ornaments; and we are as ready to acknow
ledge that every lawyer is in duty bound tt
zealously defend his client. But it is equal,
clear that this zeal is often carried TO undu
t.hc ond a i'm ts of some Kind are not sei