New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-01


presentation Of the paper Ia virtually disclaimer OF
the OF which the Court take notice, because the
sented ia not Of Itself an act falling under the
niZlnce OF the court. Mr. Field s not present long
distance lies betv him and all danger growing out OF
his connection with the Looking at this case at
these extraordinary Statements am at loss 10 see on
what possible ground counsel can Justify s
to court under the circumstances II struck me az
the moment it strikes mo to-day, as an effort 10
induce the Judge who had taken his seat before whom
the had been moved TO leave the bench 10 suren
der the position in which he was sitting, ana oy the
snsci pes the U from the
formance Of the duty the law and the Constitution d
wolves upon him. and notwithstanding the statements
that have been made here to-day and receiving then as
mean to do, with all respect, cannot free my mnd
from the belief that in the extraordinary case depend
ing before thls tribunal counsel thought II possibly
their DUTY and thought part of their professional tac
ties, which the great exigencies JUSTIFIED, 10 urEe II
possible from the performance OF DUTY tne Juuge wno
they feared, and who was sitting IN the court;
Now it becomes serious question, laying aside al
personal feeling on the subject whether tne Cnu.'
should under the circumstances tolerate such practice
have no hesitation in saying that It is my firm conYc.
ton thatl such paper as that had oeun PeSeae
OF the tribunals OF England at TINS hour cloheu Us
these tribunals are with power which the law OF ths
country withholds from lts Judges that no one Oh o
counsel who signed this paper would be sltung
before any tribunal today. and not one o,
them would hnd his Dame upon the ron y.
the lawyers, barristers, or cOunselors OF that
country a single hour after that paper was pre- pre-
sened These words brought out torrent OF applause
that could not he restrained Ihaye no disposition ~
be harsh this case feeling IT my duty TO do what a
about To do do 10 from no motive, God being nv
judgeI do IL from no motive or personal ieehng 40
from other motive except To mean 10 40
what believe just and proper conviction OF solemn
duties toward the Bar toward the court and, above all
toward the administration OF justice IN the country IN
which we live. thank the counsel for handing me up
the in Grattans reports because Its sentiments are
congenal TO own. While counsel are undcr solemn
obligations toward their clients TO do everything III
power consistent with their duty to their own con
sciences and TO the laws OF they are nnuer
no obligations keep bad faith with their conscences
and rampe under foot the respect for the tribunals
counseOrs depend. think no lawyer IS lnsthed nnuef
any circumstances in committing an act 10 tue course O
his defense OF any case whatever whcn renoers mn,
justly amenabe at the bar even OF MS own eonSeece
for that act; and especially IS no lawyer lustln-
able under any circumstances TO commit acts
that tend TO degrade the tlDn9a, DeiVae
whose bar he himself expects then and thereafter
to appear IN aI ,ne iG S, case While viii do
nothing harsh or unknd whatever, 10 make marx SO
been minated the custom 10 drive judges from Tue
bench by the presentation OF such documents, or py
boundary between the past and the present snail no.
be unobseryed but tl2 ON the contrary, 81 memDefs
of the profession shall Know that at least hercafter
such efforts obnoxious and will lead 20 censure and
punishment. have disposition TO do anything 10
degrade either OF tue gentlemen before me Sna not
but feel it my duty TO impose hne upon
mlts shall impose William Fullerton, John Ora
ham, and W. O. Bartlett fine of $3.50 each, and order
that they stand committed until the Ue be paid. In re-
spect to the younger gentlemen whose names appear 10
this paper, Ehhu Root. Willard Bartlett and William
Elelsteu have TINS to say | know how APT younS
dstiDg nished ecnemeD are TO follow their lead rather
than act their own judgments. know IL from my
own experience, and | am fam to believe In this
that neither Of these gentlemen. OF Their own
motion suggestion, would have felt 1t his duty
have presented such paper this TO the Court.
Two OF these gentlemen Mr.. Root aud Mr.. VIII
lard Bartlett in the trial Of this case, showed IN
some instances uncommon ability and progress. l
think they capable of becoming LAWYERS who for
their ability will command high position at this bar.
Mr. Edesten did not take any active part the trial,
and therefore don't speak OF HIM, but nave concluded
in respect to these three gentlemen that Will impose
upon them penalty except what they may ind IN
these words of advice. ask young gentlemen,
to remember that good faith with client never can
Justly require bad faith in your cOnsciences and
however good thing il be 10 be known a. success
full and great lawyers. it is better thing to be
known as honest lawyers. lApplause And there Is no
incompability whatever the possession and enjoy
ment all these qualities The proper orders VIII he
prepared aud submitted TO me.
THE COUNSEL AMUSED.
the element OF humor very largely. The distinguished
gentlemen bore their punishment mrthfuy rather than
meeky. AS soon Judge had left the bench, Mr..
Bartlett pulled large roll Of bills from mis- pocket and
fourshed it little with air that said plainly,
equal to the OCCASION" Mr. Graham and he particularly
the former. who was communicative enough now that
IL was all over. were at times conyulsed with
laughter at some jest regarding their own com
mitment. MIR Graham made the remark that " after
all the trouble Warden Tracy had been TO to
provide good quarters for them he would be awiully
disappointed, for he wouldn't get SIS week for
their board" At last however the money was paid.
and the spectators departed.