The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-09-08
THE BENCH AND THE BAR.
From the SOUTH

THE BENCH AND THE BAR.
From the SOUTH
TIE judicial department Of the government
is no less important than the legislative or
executive; aud unless administered with hon
esty intelligence, and irmness ever has and
ever viii prove a curse, rather than bless
ing.
The influence Of the bar Is always great for
good OF evil, as it Is learned, able, and honest,
or Otherwise.
A. each part Of the solar system has its pre-
ser bed orbit, so the Bench ana the Bar have |
each their separate spheres and IL IS only I
when moving in their respective spheres, and /
corscientIOusly meeting their several respOn-
sibilites that they are properly discharging f
their appropriate functions,
The intercourse OF the lawyer with ms client /
il Jf a confidential character. and the client +
must be a mau of duh perceptions, or he wall I
soon discover whether his lawyer Is "a lover Of {
truth honesty, and justice, or one whose !
moral appreciation are subordluated 70 !
present advantage or temporary success. And /
the lawyer daIytng with trtc6ery and decep- /
ton, aud wanting IN eandor IKE the iAbled
1Iras tree il alBays surrounded by atm0s- !
pierre alike deleterious, and demoralIzlug 70 /
al ents Witnesses, and society at large.
There is IN the very simplicity OF straight /.
forward and -crupulously upright life ana
bearing and Of an integrity that never bends /
before any gale, power which neither match 4
less eloqueuce, nor peerless low cunning, nor /
staJesmauIy intrigue can rival or Withstand. (
Tue consequence L. that men OF weak moral
usrceUtions never can become hrst-class law
however
legal studies. Aud the stronger the moral
u1ture-Dther things being e4ual-the ADLER
tle lawyer. Therefore this moral nature
should BE- cultiva, Ell and kept in vigorous
growth BIZ him who would acquire the legal
ability necessary to the largest professional (
success
The Judge takes oath that Dc will faith
fully support and true al glance bear the CON
sHt1iIon OF the United States and the State Of
Mississippi aud obey the luws thereof, and
will faithfully discharge the duties of his
fftf "a
There can be no Court without a Judge, as
IT, presiding genius.
uTbe absence yf the Judge during "a part Of
the argument Of a Grim maj cause although
with the consent Of the counsel, viii Inyali-
date the verdict Meredith the People,
.llb Illinois 40 Cobb vs. the People, I'd 81
In the trial vi capital case the Judge should
NOT retire beyond The bar, for even "A brlei
space without ordering suspension Of husl-
ness until lie returns. Hayes rs. State %
Ga. %.
FOR the Judge in any way, even temporafi-
lv. 20 reIinqui-u the control Of the Court, and
oil the conduct OF trial, would render the
proceedings . uuihty IubcylIle VS. the
S-sfe 81 Miss 194. "a jury trial must be
conducted according 20 the law oil the land
and should be guarded by the Courts from all
improper influences, 50 that The hndlug 81 the
iuty may he responsive to the issues, accord
ing TO tie law aul the evidence Perkins
vs. Guy, - Miss. Jo2-ls.
II il then the sworn duty Of the judge - see
that order aud decorum are observed an the
CoIrt-hou.e; TO decide all questions that
-tri-e as TO the competency, admisslbllty or
fu1Hmi-ibility of testimony "a To- the proper
and le,ai examination of witnesses as to the
law Of the case, and the instructions 10 the
iurv He must control the arguments Of coun-
sci llyeu all questions of law or fact, and de
eide upon ths correctness Of the verdict rem
dered. whenever "a motion - made Tor n new
trial On the ground that the verdict was con-
trarv to law and the evidence; aud tbat Judge
who decides any question or renders any
Judgment contrary to what he knows or be
iieye. TO be law and justice, violates has OH
cial OATH and il really guilty of perjury, as
we'll as an act Of gross injustice to the party
against whom such DECISION or judgment Is
rendered
Furthermore, and in explanation Of the fact
that the court frequently Is seemingly more
IN dutHg3uiaW = lth Inc couH7ei Iot me "oC
Tense, IMAM with the 'Istfic' "iioIiey' ~
should be borne IN iHlhn' l+Lt u Is NO ',ie
duty O1 the Il str1ct attorney uhf"a=ohapiy 20
press any matter Of law or TACT against The
defendant, and that n is ms duty "a careluilS
20 protect the innocent, as II Is 10 convict the
guilty: ana such too is the relation that the
Judge sustaius to every criminal prosecutions
The district attorney and the Judge also well
know that any aud every decision made by
the court against the defendant IS subject TO
review ~ the supreme Court aud II not
strictly correct, VIII lead to the reversal q the
Judgment so that the court really has not the
newer IL IN had the will. illegally and wrong
FuIIy 10 pHni-h an accused. Under these cir
cumstances the observation-disclosures being free
from The influence Of any motive whatever to
do the slightest injustice % any one, It Ger
taiuly is not surprising that he seldom dudes
svith the court, and that when overruled by IT.,
AS he sometimes -, he gracefully submits.
But hog is II with the counsel for the de-
fence
Guilty though Ee may believe him TO be,
he seeks the acquittat or has client with all the
ability and earucsiuess OF winch he - cnpa-
BILE: and this j. his duty TO the extent, at leas-,
of preventing his conviction otherwise than in
strict accordance with the principles OF law,
and the settled rules Of evidence. Every ac-
cused has ii right go free, unless legally
convicted, after making every defence which
ary other person is entitled TO make. But
there IS "A line bounding professional duty and
honor which cannot be righttully passed, amt
which practically is too treqcntIY dlsregarded.
ANY advantage secured against the State,
=, favor of a defendant is a point gained, and
of which he cannot be deprived, after YER
dict of acauittal upon the nAerits, however
illegal and erroneous. The asking of leading
questions, the admission of illegal testimony,
the giving Of erroneous charges, or the allow
auce Of improper mode Of argument ny
counsel IN behalf OF the accused, may be Sc
cured; the bribery OF the judge or jury or
both, may be clearly established and sun
after a VcFdlet 81 not gulliy, the acquitted par
" Is sale beyond pefadNeh'u'e' 10 courI
having the powtr 10 sea aside such verdict, ana
the Constitution declaring that mo person
life or liberty shall he twice put IN jeopardy
SOY the same offence; SoG- arr. i sec ..
knowing sl'o' 10 oe ny "a" u " ,:
tuuonai rights OF me ueieh9'i nv 'g gt IA
counsel on 'ne one slue' 'tuu t"e 1870 t ~
1orney anu lne eoute on ,ie I'M, ~ -, = ~
frequently, a. II were u controversy IioiH 'ii'
opening 20 me crossing O. cIlhiu'il uial
Sometimes IL ms eagerhesS ana 1ea the ae
fendSnt counsel Hili HnconsSlously assume
the most uhreas'tl'le anu agra H!y etr9
nt9uS Posi''omS 49, IL, t6 - ',
fully done, ana OFT repeater, Lsat Inc court
may be ohllged again a1d again 20 decldt
against the defendant IN the nope ina tAe
jury may be Cefehy maue 70 oeIleNe lhal M
court IS PreIudieeu' a4u risat OF MrohS VII
declue 40 YhesiloA ~ NJ "a ~ " .l's p" a
1t IS expected Ihat sympathy loF the dCCu7tu'