The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1875-02-03
THE RIGHTS OF COUNSEL.


A bill passed the House Of Representa-
tiyes on "Wednesday last which is Of more
consequence than has been attached to il.
1t is . reaction by word and deed against
the spirit Of encroachment to which every;
thing in this country is yielding. to which
honesty, Danliuess, liberty Of thought. and
finally, liberty Of speech. have surrendered
themselves.
Next to The right Of trial BY Jury. the
next greatest security to the defendant,
whether IN civil actions or 10 criminal pro-
secutioDs. is The unabridged liberty ofcoun-
eel to tbs use Of time in The development
Of evidence and the elaboration Of argu-
ment. Il is right guaranteed almost ex-
pressly in terms, certainly by direct impli'
catioD, by the Constitutions, both Of the
State and ofthe United States. sanctioned
and strengthened By usage, and consistent
with the genius and spirit Of free people.
Any restraint, or attempted restraint up
on this privilege, carries he principles d
Jurisprudence back TO those days when all
accused we're rrima faeie criminals, and
when the arbitrary voice OfreleDtless judges
silenced the plea Of defence and decided
without hearing upon the fate Of the pre-.
judged victim. Il can be seen at glaDc,
the peril in which party on trial can b
put. iii be il tie power Of Jsdge to saJ
when counsel must stop or how far b
shall proceed. The experience Of every at
tendant upon courts Of law IS fruitful o
rseollectiOns Of cases when . jury was stolit
and insensible TO appeals--Hben the clear
est array Of argument Or the utmost feryo
Of elOqaence vas in vain; when. !. may B,
By chance, some chord was touched, som,
seusibility awakened, or some avenue /,
reason opened. and there Was turn in ID,
tide-au opening to conviction. an awaken
ing Of sympathy rush Of tender feelinI
70 the accused, and-sequittal and saliva
tion.
Now The life Of every man, even tia. .
the yilest criminal, is dear to hip, IN,
ought not 70 be jeopardiIed b. any disre
gard 70 the forms Of law. BY any denial o
A. rights. BY aoy frirolors pfetext o. 10
convenience 70 an impatient Judge. Ye
We have seen just such ease. We baF
seer counsel cut short in their defence; en-
The accused sentenced 70 SHAMEFUL death
when. possibly. The fall use Of time an
speech might have brought the ease 10
different issue.
Il was 70 put . stop 10 this abuses
abuse only known 70 us since the inauguru
ttion of the lnininsries Of the bench undo
the constitution Of lsGs--that Mr. Spear
Of Hsrnett introduced bis bill. TO de6n
The rights Of counsel ID certain eases I'll
bill wasesllOd up on "Wednesday and argu
I'd ably and At length BY Mr. Spears. Nj
wsiker of Richmond offered substitui,
which vas accepted By Dir. Spears, 80
ADOPTED By the House. and which proyid.
that any Counsel appearing 10 any civil ,
criminal case 10 any Of .bo Courts Of ID
state shall be Untitled 70 address the Coul
Or the Jury for such space q time as
EIs opinion may be necessary for the PR
per development AID presentation u y
case
Plain enough snd simple enough. On
would think, and hardly subject Of legi
laliou. yet made absolutely necessary }
radical judges. and calling for tie vigilaDC
-s.shIasp Is MslIas, and sfsais an