The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1881-02-05
Abuse of the Lawyers Privilege.

A great many abuses in tie admins
tration of justice have been corrected Of
late years. There is one bad custom
however, which still remains, and as un
justifable as any which ever existed-thc
license extended to counsel, 10 the exam.
ination of witnesses and 10 the criticism
of parties to suits in some parts of the
country The dignity of the court and
the rights and manhood of those who are
called upon to testify demand that witnes-
ses 10 general be treated with respect.
They are compelled to testify by the law,
and there are very few men indeed who
are not reluctant to testify at all, especi-
ally in view of the vulgar and overbearing
tyranny of inferior lawyers to which they
are subjected in cross,examinatiou. If
the credit of a witness can be fairly i'm
peached, if his statements eau be shown
to be inconsistent, or TO be oneu to the
imputatiOn of bias,sseT OF I6emOry, and
other matters tending 10 reduce the value
of his testimony, this is legitimate and al
lowable. But a cross-examiuation should
be so conducted as not to injure the char
acter or wound the feelings of an innocent
man, or cast upon him slurs which every
man acquainted with him knows he does
not deserve. Such imputations are as
cowardly as they are cruel, because the
questiOner is under the protection Of the
court and can say to 4 man there what he
would not dare to say to him out doors.
Nothing eau be more contemplate and
pusillanimous.
Judge Biddle, of Philadelphia, more
than month ago declared that proseea-
tions in criminal eases shovid be conducted
solely with vieE 20 the demands of pub
lie justice, and that prisoner was entitled
to impartiaiiiy from the prosecuting officer
as well as from the judge and jury. On
Saturday week Judge Biggs took second
step in a reform to compel deceney of de-
pertinent towards witnesses and Others on
the part Of attorneys The senior counsel
for Kelly, a murderer, committed grlss
outrage upon detective officer who was
not witness in the case, and who had no
means Of defense aud after having been
ordered By the judge to cease his abuse of
this officer he continued to villify the OBJ
ject Of bis wrath, accusing him Of perjury,
whereupOu Judge Biggs ordered the Of
Tending lawyer into custody for contempt
Of court, leaving the junior counsel to iin-
ish the defense In releasing the often
der on Monday, after due apology from
his counsel, the judge administered rep
rimaud to the lawyer which be viii be
likely TO remember, and which ought TO
prevent others Of his kind from permit.
ting passion to oyerpower honor aud drive
them to such gross impropriety. If rea-
sou aud right have no effect upon such
persons the following point ia the judges
lecture may possibly attract their attep- /
tion
The lsnguage you used and the vehe-
meut physical gesture yoa made, striking
your fst upon tbs bar in frout Of Mr. Mil /
Ter, was threat, aud | am surprised that /
in a moment Of impeluosiiy be did not /
leap across the bar aud throttle you. IL /
he had done so ! would of course have /
him for contempt Of court, bat /
il is due to his wonderful seif-posseSsion /
that was NOS called upon to exercise that
TIE time ,ciH come, " this 4
sgrt Of thiag Is 70 continue, Ehe1, he ,eho /
IS sHmBl0Hsf here N court as a lritRsss (
ieiH jail back upoa the right erery oHe has
II Hieaa assault IN seif-defegse
Nothing can be more true than this
prediction. The Philadelphia Record ex
presses sentiment that is uppermOst in
he minds Of men When it says IF the
sOurts fail to protect those whom they
summon to aid them in promoting justice
igainst personal abuse and gross and
'owardly assaults upon their character and
ceilings, the outraged parties must and
hoaid take their defense and protection
nto their own hands.
We may venture to hope, however,
rom such decisions as those of Judge
Biddle and Judge Biggs, that the reign
# blackguardism is beginning to decline
n the courts Of that section, and it is to be
loped everywhere. Witnesses are pre-
umed to be under the protection of the
ourt, aud it is the duty of the court to
'rOteet them and of lawyers to observe
be respectful demeanor towards witnesses
Thieh they would exhibit towards the same
'ersons in society. This is entirely com
atible with their duties towards truth,
ustiee and the rights Of their clients
Baltimore SIM. /,