The Portland daily press., 1870-05-03
PRESS.
Tuesday Morning, May 8 1870.



The lesson that Mr.. Charles S. Spencer, one
of the most prominent lawyers in the coun-
try and one Of the counsel for Mcfarland, has
just learned ought not to be lost en- his plo-
fessional associates. The case of Spencer is
in brief, as follows: he spoke in his open;no
argument for Mcfarland of certain ladv mn
der whose advice Mrs. Mcfarland had acted
as a panderer and prccuress. Afterwards.
oelng reproved by Theodore Tilton for making
use OF such atrocious language in reference to
an estimable person, he wrote to the Indepen-
oent note in which he said that he had not
shadow of doubt of the personal purity of
MRS. Calhoun (now Mrs Runkle) but that he
USED the language for which he was censured
as counsel for his client. The result was that
Mr.. Spencer's associate counsel requested him
to retire from the case, not, it would seem, be-
cause he had grossly slandered lady, but be-
cause he had confessed it, for this disapproba-
ton did not follow the wrong-doing but the
avowal of it.
Now lawyers are too much in the habit of
allowing themselves much greater latitude
both OF speech and action when they are act
ing "as counsel for their clients" than is always
compatible with gentlemanly department or
even good morals. 1t is fearful thing for
difident or an unintelligent as well as dis
honest witness to fall into the hands of Bo-
anerges OF the bar. How the dishonest fellow
likes his vlsisection no one knows or cares:
but for the diffident or slo w-witted individual
whose hearts desire and prayer to heaven is
that he may be permitted by the voluble and
sharp-tongued gentleman within the bar to
tell the truth, it is trife disagreeable. 1t is
particularly hard on this class of witnesses to
have jury of their countrymen assured of
their infinite and endless depravity and men
daclty. Mrs. Calhoun, who is regarded as a
lady of excellent character both by her friends
and it seems by the counsel that detained her,
probably felt that it was extremely unjust
But it was only the TACT that she happened to
have influential friends among journalists who
came promptly to her rescue and who gave
her vindication as wide circulation as the
SANDER that preceded it, that saved her from
being universally regarded throughout the
country as an infamous woman.
Very pleasant and amiable are many of our
lawyers in private life, and some of them even
in the practice of their profession, but the
greater number adopt not only new code of
manners but also of ethics when they act as
counsel for their clients" as if there were
anything in the relation of attorney and client
involving an overthrow of well settled prnci-
pies OF morals or even of etiquette.
We have now in mind a very eminent at
torney living in the eastern part of the State
whose conduct at the bar is almost inconce;v-
ably offensive. In that place he has the air
or bravo or brigand. Instead of content
ing himself with bullying timid witnesses, IS
most lawyers do, he DULLES judge, jury and
officers of the court, as the caprice of the
moment dictates. He has been known even
to shake somnolent juror violently BY the
collar, by way of infictlng a penalty for in
attention. If any gentleman, not an attor-
ney, should anywhere attempt to initiate his
outrageous conduct he would be universally
regarded as worthy of being set in pillory
or conducted to the whippng-post forthwith.