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


A great many abuses in the 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-the
license extended to counsel, in 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 witness
ses in 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-examination. If
the credit of a witness can be fairly i'm
peaehed, if his statements can be shown
to be inconsistent, or to be open to the
imputatiou of bias, want of memory, and
other matters tending to reduce the value
Of his testimony, this is legitimate and al
lowable. But a eross-examiuation should
be so conducted as not to injure the char
acter or wound the feelings of an innocent
mau, or cast upon him slurs which every
man acquainted with him knows he does
not deserve. Such imputations are as
cowardly as they ale cruel, because the
auestioner is under the protection of the
court and can say to a man there what he
would not dare to say to him out doors.
Nothing can be more contemplate and
pusillanimous.
Judge Biddle, Of Philadelphia, more
than month ago declared that proseeu-
tions 10 criminal cases should be conducted
solely with view to the demands of pub
lie justice, and that prisoner was entitled
to impartiality from the prosecuting officer
as we'll as from the judge aud jury. On
Saturday week Judge Biggs took second
step in reform to compel decency of de-
pertinent towards witnesses and others on
the part Of attorneys. The senior counsel
for Kelly, murderer, committed gross
outrage upoa detective officer who was
uos a witness 10 she case, and who had no
means of defense and after having been
| ordered BY the judge to cease his abuse Of
this officer he continued to vlilify the OBJ
/ lect Of bis wrath, accusing him of perjury,
wbereupon Judge Biggs ordered the Of
| Tending lawyer into custody for contempt
Of court, leaving the junior counsel 70 hn-
/ ish the defense. In releasing the ofen-
der on Monday, after due apology from
bis counsel, the judge administered rep
rimand to the lawyer which be will be
likely to remember, and which ought to
prevent others Of his kind from permit
ting passion to ovsrpower honor and drive
them to such gross impropriety. If rea-
son aud right have no effect upon such
persons the following point Ia the judge 5
lecture may possibly attract their atisn-
ton
'Tae language you used aud the vehe-
ueni physical gesture you made, striking
your hst upon the bar in front OF Mr. Mil
Ter. was a threat, aud | am surprised that
in a moment Of impetuosity he did not
leap across the bar aud throttle you. If
he had done so | would Of course have
committed him for eOntempt Of court, but
il Is due to his wonderful self-pOssesslon
ihat was not called upon to exercise that
authority. The time I7ia come, y thi'
SORT Of tAiEg as to eoRtiaHe, schels he arho
is saasmoae,i here IN court as a loitaess
.riH fall bacE up0a the right erery one has
- Haeaa assaat, ia seIf,dsfease.
Nothing can be more true than this
prediction. The Philadelphia Record ex
presses sentiment that IS uppermost IN
J the miads Of men when it says "if the
courts fail to protect those whom sheJ
summon to aid them 10 promoting justice
against personal abuse aud gross and
eOwardIy assaults upon their character anC
feelings, the outraged parties must and
should take their defense aud protection
into their own hands"
We may venture TO hope, haWeveE
from such DECISIONS as those of Judg'
: Hiddle aad Judge BIsgs, that the reigr
Of blackguardism is beginning to deeiin'
in the courts of that section, aud it is to b
hoped everywhere. Witnesses are pre-
sumed to be under the protection of tn,
court, and it is the duty Of the court t,
protect them aud of lawyers to observ'
the respectful demeanOr towards witnesse
which they would exhibit towards the sam
persons in society. This is entirely com
patible with their duties towards truth
justice and the rights of their clients
-Bal,imore SIM.