Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1874-10-23

Jury and the Judge and determine
what shall he the effect of evidence or
what shall be the Jesuit OF legal argu-
ment.
A young member of the bar who
since reached some Cminence, when
applied to in a first ease, which was
somewhat complicated and doubtful.
waited on the late Mr.. Rawle, stated
The case, and remarked ut the same
time that he Thought it BAD one. Mr.
Rawie SAID: You are presumptuous
young man thus to venture in the out
set TO determine what court and jury
only can decide after hearing all the
testimony" Judge Sharswoo;, in his
able treatise upon professional ethics,
has well defined the position of CO. 1t
and jury, when he says every cause
is to be decided by the tribunal before
which it is brought for adjudication
upon the evidence and upon the prin-
ciples OF law applieab BILE 10 the facts as
they appear upon tHo evidence. no
court or jury are invested with any
arbitrary discretion to determine a
cause according to their mere notions
Of justice. Such discretion vested in
any body of men would constitute the
most appalling of despotisms. Lar
and justice, according to tar. This
IS the only secure principle upon
which the controv ers;es of men can be
decided. It is better on the whole
that few particular cases of hardship
and injustice arising from a defect OF
evidence, or the unbending character
OF some strict rule Of law should be
endured, than. that general insecurity
should pervade the community. For
as Sir William Grant says, sit is not
so material that these ar bitrary rules
should be fixed one way Or another as
that t2ey should be fixed"
Those who condemn professional
men the most, know the least of them
and ce1sure in the very blindness of
Ignorance. Can it then be required of
counsel to sit caimly and see even those
strongly suspected of guilt, crushed
by the weight of the law, and not al
ford to them the means of a fair hear
ing, and by Withholding their aid, not
only prejudice a case, but prejudice it
unfavorabiy to the poor victim who
has applied 10 them in his extremity,
and who, according to his own state
ment, Is more sinned against than sim
| ming ? Certainly the humanity of
those who aid their fellow creatures in
distress and imprisonment is some
voucher for the rectitude of those feel
iags from which that aid springs.
The honorable position occupied by
the attorneys of this land is ever a
source OF pride TO the profession.
| Honorable III the eyes Of the client, of
the world and in the eye of the law;
entrusted with the secrets and inter
| ests OF his client, life, liberty, proper
! =, character, everything, be is his
/ clients ''otLer~e elf" No earthly court
! can compel him TO reveal what has
+ been thus confled to him. He may
waive his protection, but he will not
| be permitted 10 violate his obligation
And to the honor of the profession
! be it spoken that SO little is heard of
! violated confidence, when there is
! scarcely lawyer in full practice either
/ in civil or criminal cases, who, if he
| diyulSed ali he must know of the af-
! fairs OF his clients would rot ruin q
large portion of the community.
! Etiquette originally signifci 4 card,
| ticket or letter. by which intel course
| between men was facilitated aud IN
proved. b. the modification Of time
| and fashion if - Il word significant OF
! ceremonies that properly govern So
! cieiy. ltsti'i retains part Of It's orIgiua.
meaning, VIZ: hat itisa card or malll APP
! pended to the package to mark its
contents. F0" IS is indeed the label
/ regulating the manners and refine
ments Of professional and social inter
! course, and particularly is It so when
/ 9pld.eG to ttie morals and habits and
/ inilucU"H Of cllr profession. Indeed
. i p."y = most be considered as vir5I-
ally u-l"uGinG f. the ethics of the
/ bar. l,r mann1ss are som ttiIles
morals.
/ No young man can prosper il his
profession VINO i undmindfai Of due
. respect to seniors at the bar. He
/ that Is 50, breaks down his G1n safety
/ and dignity, and should he live to be
/ Old II respecting them, he beGets re-
sn~c-, - himself. Fiippancy, fIowal d
MS. "a t"} Turtrsss exhibited by Tie
+ W. ifui toward the aged barrister. IS
"a IA. X ct Vu;garI'r and low breeding,
. ", e., however i light crafty tie
! vulgar and low, EEust eye~ disgust
/ tio~e whose good opinions and sup
/ pet are worth preserving. We speak
! not OF comparative talents, but simply
! 0 yenrs Ia ancient Rome and Greece
gray hairs wel@ considered crown Of
= ~. at ths tt.:-1, 4 the Senate, a.
tie Own, ,..-- E9!GC@, cVorywlCre.-
. We ma ii r-T.:a.2yer II cur huIiSh
rcadUuG which furnishes admirable
lessons for after lie, tho acccdUtc Of
/ tie aged citizen coming into mix, 4
and crowded assemblage il Greece.
The -ithenians be>f-D,cd him to 4 seat
+ among tkon. As he approached they
/ closed their TaU!.s and laughed at his
+ disappointment, wherrupon, 2isCusted
with this inso'e1.5 cruelty tie
: LncedCm0Iial,s - once relinCuislcG
heir seals to render the old man COM
Portable. l see low il IS said the aG, 4
, citizen III terms Of well deserved re-
/ bU.9 che Athenians understand
/ potlteness, but the Laccdenonians
/ practice ii. IrrcYerence toward oil
I age il those ancient States never was
! tolerated much less sanctioned. The
! Senators, coDScTipt fathers, nay Kings
vnd tyralts almost always manifested
regard for age, ana listened to its pre-
| cepts with Difference, or beheid its in
firmities with sympathy. Among US
let it be further said that respect for
advanced life is not simply due from
the bar. II is due from the Court it
self as an example to the bar. Ii
we are cOnsiderate to the young
and encourage them where they
falter and raise them when they fall,
we are equally bound to s-mpathise
with second youth and revere these
men, who exhausted by life CT learn
ing and labor, like dying ancestors are
| declining into the narrow house, after
after having garnered mp wisdom, e.
periance and honors, OF which vrc are
TO be the inheritors. We must sag
that while respect Cor Office IS necessa-
~, respect for age is natural and most
commen3able. When, therefore. q
Judge upon the barcn elected by ''the
most sweet voices" OF the populace,
builds nis hopes OF popular distinc-
tiou, upon an assumption of native in
tellect or of learning superior to that
of q man of twice his age, or familiar
with some modern case, smiles at the
venerable advocate who ventured to
refer to the ancient landmarks of the
law, his tailoring steps not having
kept pace with modern improvements,
judicial vanity may be gratifed, but