The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1886-06-12

hast sent"
THE ADDRESS BEFORE THE LAW SCHOOL
was delivered Monday night in Com
mencement Hall by the Hon. Wait
man T. Wiley, and was one of the
venerable ex-Senator's most scholar
ly and finished efforts His theme
was THE Ethics of the Bar" and
no man in West Virginia could have
presented the subject more ably.
If the young men of the Law School
will heed his advice they will never
regret it. We have hastily pre-
pared
SYNOPSIS.
The lecturer began by asking the
questions: What is the proper sig
nifcance of the legal profession?
What does it imply? What does it
include? What of mental culture?
What of moral character? He. gave
the opinion in which the bench and
the bar were held during the past,
and said that the legal profession
to-day is the epitome of all profes
sions and sciences. The lawyer
must know something of medicine,
something of natural science, some
thing of engineering. The accom-
plised lawyer must exact tribute
from every science and every art.
Above all he must acquaint himself
with human nature-its mysteries
and idiosyncracies. He must be-
come expert in fathoming the mo
tives and springs of human action.
History has no fact which he may
not subsidise for his service-phil-
osophy no truth that may not aid
him in the discharge of his duties,
and he should be strong in literary
culture 1t would not be proper to
say that there have been no great
lawyers without literary accomplish
ments. There have been many such.
But it is true that there have been
few, if any, great and distinguished
advocates who were deficient in lit
erary culture. 1t was their high lit
erary merit which gave such wonder
full force and effect to the Phillipics
of Demosthenes. 1t was the same
kind of excellence which preserved
the orations of Cicero from the com
mon oblivion which has befallen the
forensic efforts of his contemporaries.
1t contributed, largely, to make
Erskine the foremost advocate at the
English bar 1t was this which gave
to Writ the charm and power which
distinguished his professional career
Mr.. Everett noted the fact that when
he visited Mr.. Webster, on the night
before he made his great constitu-
tional argument in reply to Hayne,
he was surprised to find him reading
Shakespeare. -,
The true significance of the profess
sion implies, then,
.lst.g Thorough elementary culture.
End. 1t implies unity of pursuit
and concentration of effort.
3rd. 1t includes all of the charac-
teristics of the mos exalted personal
character. The true lawyer will
never deceive his client by inspiring
hopes of his case not warranted by
the premises.
These reflections bring us to the
point where we may discuss the
question: How far can an advocate
conscienstiously engage in 'bad
case? / answer: He may never
initiate suit or engage in the pro-
secution of a case which he knows is
unjust. To do SO, would be to make
himself not only the mercenary in
strument of the fraud intended but
morally particeps criminis. On the
other hand a party is to be prosecu
ted for crime or misdemeanor.
Counsel believes him to be guilty.
May he defend him? l answer, yes,
unhesitatingly. The party will be
tried whether he is defended or not,
and public policy, public safety as
well as justice to the person accused
demand that he be given fair trial.
1t is therefore, not only morally right
to engage in the defense of such cases,
but there is professional obligation
resting upon every member Of the
bar to do SO to secure fol-. his client
a fair trial. His obligation extends
no farther. These points were dis
cused with much ability and at some
length.
Gentlemen. whatever of doubt
there may be in some of the propo-
sitions of the Darwinian theory Of
evolution, there can be no question,
l think, of the survival of the fittest
in the intellectual and moral world.
Only the true and the right can sur
vive. Truth crushed to earth shall
rise again"
That there are chicaners and un
worthy members Of the bar no more
proves that all lawyers are unwothy
than the fact that there are hypo-
critics in the church proves that
Christianity is "a cunningly devised
fable"
The truth is, that the nature and
scope of the duties of the practicing
lawyer necessarily better develop
the faculty of moral discrimination
than any other profession. He is
constantly brought into sharp and
direct contact with distinct issues
between truth and error-between
the wrong and the right. Audi al
tcram paytem. He hears both sides
of the question. He must weigh
and apply the evidence on both sides
of the question, and then he hears
the impartial arbitraments of en-
lightened judges, and is instructed
by their wisdom and reason. The
whole course of his life is one con-
slant school of judicial discipline.
He becomes expert in detecting
fraud and sophistry. His judgment
becomes deliberate. His character
is not apt to be warped by vulgar
prejudices. He is seldom bigot--
seldom found among inquisitors and
prosecutors And l do there
fore, unhesitatingly aver that
according to the extent of my obser
walton, il is true, that for high
sense of honor, clear apprehension of
the principles of moral rectitude,
and the practices of the cardinal
virtues of life, public and private,
the legal profession may confident
ly challenge comparison with any
/ othar sacular nursuit I am not