Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-12-09
LAWYERS and witnesses

possible for them to do it for themselves,
aud hence il appears proper that lawyer
should share the feelings aud ideas of his
client and become as nearly as may be
the voiced incarnation OF that clients
cause, or the man himself, in effect with
the addition of the Judgment, learning,
and the legal training which the client
lacks. II the character OF his client is
attacked he ought to have the right to give
expression to the indignation of the latter
Sith some of the warmth and force of
1tterancs which would be expected from
he principal, and no opponent nor witness
mas right to complain of anything
in the language OF q lawyer which, under
the circumstances, would be psrdonable
IN the client were the latter speaking 10
person irs,esd of by proxy, provided, Of
limitations imposed upon him by the |
greater Judgment, knowledge and training |
Which justify and require his appearance
in the case aud by the usual presumption
mat he Is gentleman.
This certainly is as blind concession
as THE most vehement and excitable Of
Jury lawyers could demand. 1t comedies
U counsel representing an attacked party
ne fullest freedom to share ano
,xpress his clients Indignation AID
o characterize in strong anu
won wrathtul Language the opponent
Jr vitness who attacks that clients con.
duct, character or reputation. II does NOT
cJLcede, however, that the counsel shah
ave expression to such feeling in the
a4guage of BAllngsgate ishwife, and
neither does it concede the right to pre-
,ense of indignation against matters COL
cerulug which every lawyer sufficiently
1 learned in the Law TO be d to conduct a cas-
4 kuows there is no proper ground for pro
est, much less anger, on the part of Any
/ ordinarily Intelligent person.
We ;sn readily illustrate our meaning
/ by refereLce to the coLduct of MIR. LJr,
III lis lud, cent denuncstlon o. the deten-
dant III the recent libel suit. The defen-
dant Was charged with making attacks
which assnredly indirectly affected the
regulations Of the tfticers Of the plaintiff
corporation. Mr. Lore was bound to appear
10 believe in their innocence and good inten
uons, and q good deal was properly per
nissibe to him in the way of denunciation
OF the attacks upon them, ard even OF
the author OF those attacks, 30 long as such
deuuuciation was based upon the evidence
properly and legally before the jury. Had
be confined himself to this, his scornful
alllsion to the " lu5ricatiOhs" of the de-
fsLdants brain and to his " insihllendOes
would have been beyond CRITICISM except
on tine ground Of good taste, But he went
outside these and with unconcealed malice
attacked the defendant with coarse abuse
, and such epithets as coward" 'craven, y
"sneak, d; for exercising under advice
S Of counsel his legal right to refuse &c
T testify and sought to persuade the jury t.
: believe that a refusal to answer was equiv
/ alert to an admission, When checked il
!. this by the Court be resorted TO the pitifu
5 slbterfuga of baslng renewal Of hi
! abuse on the formal and usual plea O.
T mot gully" aud repeated under cover @
that prttext the epithets he was rebuket
d by the Court for applying when base'
u upon the attendants refusal to answer
q Ia doing this Mr.. Lore went beyond hi
Is privileges as counsel and lost auythin
d skill remaining to him to lose of tn
o character of a gentleman. ~.
it Every reputable newspaper, it appear
G TO US, is bound to Resent aud rebuke sue
Il disuonorable attacks on defenseless wi
u nesses, and We do not see that the fat
n that an editor OF a newspaper happens t
r be tie o. ct of such attacks relieves it {
81 the obligation Of protest against sue
o. udsceucy. The principle is the same 4
te III .tter who the victim Gay be; and, v
y say plainly that if the bar does not xe
It ci-e h right Of exclusion SO as to prote
Of -utofs aud witnesses from shameful abu
to tho day Will come when the people "
Of control by statute the present legal, an
ad s. VI have confessed in the b gluning
n bis article, useful priyilrg- of couust
ii OF course, in thus instance the insult,
IL p4tty mas ample f4culties for strikii
he back but We should acorn to pollute o
.c u.yt, hy hurlIup hau K at MIR I,Dre ho