National Republican. (Washington City (D.C.)) 1872-1888, 1874-11-28
INTERESTING DEBATE.
LAWYER AND CLIENT DISGUISE

LAWYER AND CLIENT DISCUSSED.
At the last meeting Of the National University
Debating Society the following subject was dis
cussed;
Resolved, That lawyer is justified in proving
the innocence Of his client when previously he
has been made aware Of his guilt.
Mr. W. H. Pray, Of the Junior class Of the Uni
pointed the dfsputant in the RfirmGtive. opened
The discussion in a well-written and mastery
argument. He asked: What is a lawyers duty
in defending his client? Is # not to prove his in
nocence? II is fragrant wrong for lawyer to
prosecute an innocent man, but this question is
lar different. 1t is: Can man be ght in proving
the innocence Of q man whom he knows to be
guilty? What Is the lawyers duty when the in
terests Of his client conflict with his own sense Of
what is right?
It is che duty Of the tribunal Of justice to ad-
judicate the issue upon the evidence and the law
applicable to thefacts adduced BY the evidence
The attorney is but the clients agent and has
that right OF demanding that his case be placed
ineveTy possible light before the court, and must
be entitled to such services Of the attorney, VINO
TO be had shall be produced on the trial, and all
law applicable must be cited. Attorneys are not
morally responsible for the clients acts in sup
porting an unjust cause nor can he be blamed If
the court decides Wrongfully. The court and
jury are to weigh each side, and the eounsels
duty is to present the case before them, because
he has more ability in law than the client him
self. A lawyer refusing to serve his client be-
cause he thinks he is guilty usurps the functions
Of jury and judge, and might produce in some
cases the conviction Of an innocent man. An al
tOrney can refuse to act in q case, put when he
has embarked in it he must perseVere to the end,
and cannot be discharged from acting oy any
one but his client or by the approYai OF the
court, for to retire from the case would De
Mr.. Pray here quoted from the late Lord
Chancellor BrOugEam, who agrees IN these
views, and who remarks that the lawyer must
serve his client and him only, at all risks and
hazards whether such risks be in connection with
himself with others or with the country. He
also quoted Judge Baron Pash, who says that,
nrigOnRT HOu1egEeg insists
shall have the benefit of all arguments that can
be made and evidence that can be produced: He
also quoted to the same effect from Mr.. Phillips,
Sir Matthew Hale and Lord Campbell.
If G prisoner requests the court to assign to
him good lawyer to defend and protect his in
terests, that attorney cannot decline.
Judge SharsWOOd says that, though the attor-
ney is aware Of the clients guilt, he must all
the ability, learning and ingenuity which he
e rney could refuse, the client would have no one
TO defend him, and would be convicted.
Mr.. Evans, who was appointed the disputant
in the negative, was prevented from being pres
emit, and his side Of the issue was supported by
Mr.. John E. Beall, wh2 said: 1t is admitted that
the practice is such as to Justify an attorney in
defending his client or proving him to be inno-
cent if he is really guilty, and eminent lawyers
agree that attorneys do right in go defending
their clients, but the question nRrroWs down to
ths-is It right? 1t is in violation of the laws Of
God so todo. Where the attorney says his client is
a falsehoOd which is a fragrant sin, and thereby
deeeives the court. He may do all he can and
may quote law and evidence, but to make sach
allegations, knowing them to be erroneous, is
sin against the law, justice and public polity.
To adduce evidence TO prove a man innocent
when he is guilty can only be done by perjured
Witnesses and it is frequently accomplished by
intimidatng witnesses for the prosecution by
branding them as perjured persons. This is done,
but is it right?
Here the gentleman quoted case where this
had been done, showing the error OF so doing. To
do wrong act or say wrong thing, however
greatly mitigating the circumstances or surround
FWarrE hn iD ~ hall EfHn
yer's profession is one where the greatest up-
rightness and honor should be cherished. The
lawyer is an of!cer Of the court. and must do
what is right. He must practice the law. The
law condemns wrong, and il is the duty of all good
citizens, Of Judges, Of urles, and Of the bar alike
to condemn, however sfiit ii detail they may be,
or under whatever circumstances they may be
committed, or however Justifable those cireum-
stances are.
Mr. John P O'NeiU closed the debate with a
few elaborate and eloquent remarks, claiming
tOrgives man of his shortcomings. He did not cut
of Cain or David, but he often raised up medatOrs
for sinners, among whom his Divine Son is the
reigniDg and prominent advocate for backsliders.
Therefore imprisOn them, and allow them timetO
mediate an repent. He here closed with the
following beautiful comparison:
When God repenfeth Him that He made
man He called to His side Reason, Justice and
Mercy, and said to the first, Reason, shall de-
him, for you had scarcely implanted me upon his
brow than he perverted my legitimate vocation
and solicited me to enter into q conspiracy tina:
would rise mp in open rebellion against your Di-
vine Majesty" Thou hast said WE'LL" saith
the Lord. He then called to His side Justice,
and said Justice, shall / destroy man ~ and
Justice replied "Yes, Lord, destroy him, for he
has on several occasions hurled me from my aP-
pointed place, dragged me by the HAIR through
the streets and trampled me under foot in the
paddles and cutters Of public places, and once
ungrateful always ungratelul.n Thou hast
said WE'LL saith the Lord. He then called
Mercy to His side and said: Mercy, shall de-
stroy man. and Mercy said: ''Oh no, Lord; let
him live, and / will shield him with my mantle
l will ameliorate his condition, soften the rigors
of his exile, and with my tears moisten the
parched fountains Of his heart:" and the Lord
said at Is we'll: he shall live, therefore, and /
will send him mediator, who will plead his
cause with me, and who shall judge him..
At the conclusion Of Mr.. O'Niell's remarks the
society adjourned.