The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1878-09-11

MISCELLANY Y.
Legal MORALS.


The question of the responsibility of law
yers in defending persons whom they know
to be guilty, has always been a vexed one
1t may not trouble certain lawyers of easy
conscience, but it has been a concern to men
who believe in the higher law as well as in
legislation, rulings and presidents. In effect,
the lawyer of immovable principle finds him
self in this matter at a strong material disad-
vantage. The common practice is SO strong
ly defended, and with such an array of strong
reasons that it requires more courage than
most men have to bring applications for ser
vice to the bar of simple conscience. The
lawyers are comparatively few WHO will refuse
to conduct a case unless they know they have
the moral right of it. On the contrary, ma
jor part of the best men in the profession
not only the best lawyers but the most up
right and worthy dividnas-place them
selves, as far as conviction of guilt goes with
the outside public allow the jury to take the
whole responsibility and for justification
plant themselves firmly on the principle that
every man has right to II defense. And no
one can say that there is no force in this po
sition. The doctrine that the prosecution is
bound to prove the guilt of a person beyond
doubt, and -eqs, barring such proof the man
is entitled 4 90 free, is the one which is de
pended on TO answer all objections, and ii
does undoubtedly cover great deal of
ground. Perhaps it covers all the ground -
except that of conscience ahG personal honor.
The right of even guilty person to a defense
is allowed-the only point being the manner
and extent Of that defense. A counsel in a
case where, through the confession of the
party, or otherwise, h. has positive knowledge
of guilt, and who confines himself to the
strict letter of the law, without feeling, and
without passionate appeal to the jury, will be
allowed by almost everybody to be doing his
simple duty ina thoroughly professional man
ner but not all the pleas for the rights of
the "down-trodden can, from any elevated
view, excuse the lawyer who, knowing his
clients guilt, will use every artiice before
the jury, appeals to prejudice and passion,
and the stalking of his reputation all to Sc
cure immunity from punishment for wretch
whom to set free is to insult and defeat JUS
tice. If the prosecution must make prison
o,,o ,r,;,t n,o,,ieos, al ,,os ,,,.ts,ot;o,s
If ;nnooonoo ,,hioh = Tho ,,,oon,, ost no,
est men who are not lawyers would say that
:, sroh oaso tho s,oto sh,,,ld ,,o,,, With 70
d,,hIod o,ar,,y and not o.,,,so o,l,or MOI, 20
eors,ra.,r tho,,eol,,,s =, tha aer,ct 10 ,n.l,o
uhat - hlaoL annoar ,.l,;to If ttaso a,,;os
of ,,.,vo,s ,voro M ,,oroo tb,n an,ios o,d 70
- ,,,,s ,,ou ,,dorstood ,vto, l,l,is ,,;,,or,yas
wasted ON opi,t that il was mere form and
could oo,,a +o ,ot1,in,, IN, eoo;o,v would
have M ,,a,t;o,lar ariev.,oa P,t 80. know
the Facts 70 he otbervise we know that
entity mo, are contnn,,Iv set fraa in our
cn,,r,e Nn,hiner ia more oo,,n,o, !, nou,s
naner ,sad;,o than ~ note flat in smell, and
s,oh oaoo Tho daeond,,, uo,ld q carto;,lv
have bean co,v;ctad Int FIR the in ,annitv aud
ability of his counsel, ), We bava hecome so
nsed Tn the exnression that II for fine most
MART exc;,es mn feaIino vet If really marks a
very unhealthy state of affairs. II has come
to tbis-and the situation is generally realiz-
od-tbat the conviction of criminals in a LARGE
class of casas denends not so mich ON the
onilt of the accused narties rs on the varieties
of merit shown NV the LAWYERS in CHARGE. II
is to all intents matter for the LAWYERS alone.
The prisoner stands in the middle of the