New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-09
GOOD LADYEaS AND BAD CLIENTS

GOOD LdHYEhS AND BAD CLfENio
The theury upon which the defences OF
Jaehne and McQuade have been conducted is
worth a careful study not only by the pnolc
| but more especially by the bar OF New YORK.
| They are guilty men. The evidence ct their
puilt is so plentiful 30 cow incing and so well
! kuown that nobody takes TIE trouble to claim a
| doubt of it. But even a guilty man must not be
| condemned without a hearing, and he has
right to have his case stated fully and freely.
Indeed. the law is SD entirely just that no mai
| ter how black prisoner may be, no maVer ho"
Door and friendless, he must have the ASSISTANCE
of counsel. and the court will always appoint
some member Of the bar ut the public expense
to defend an unfortunate prisoner.
Mauv thoughtful men believe THAT the pro-
lection thrown about the defendant by the laws
provisions is altogether too ample. lie mas Inc
nrespmntion of innocence, the benefit OF any
doubt. the right to twenty peremptory chal-
lenges against talesmeu, the requirement OF an
unanimous verdict and the right of several APP
peals Ii Is often a marve under these clrcum-
stances that convictions are obtained. The law
repcses a sublime faith in the honesty. iDteli-
gence and rechtude noe only of the judge, the
prosecuting officer and jury, bat even of the
legal defenders of the accused man. 1t gives
him every possible advantage, and against
these it places upon the people the whole bur-
den of pronf without any right Of appeal. Ger
tainly, therefore, the public has a right to ex
pect that the just purpose of all criminal trials,
which is only the absolute determination of the
truth. shall not be defeated BY sinister methods
and disingenuous articles ON the part of the.
prisoners counsel.
l. a. tsnD cnff ha INIT
men end in failure, and it lie published to the
world that no protection can be had against
political footpads and burglars it may be neces-
sary for tho people to arraign before them in
the court of public opinion the distingu shed
counsel whose services have been 80 ardently
devoted to the escape of the " boodlers." IL
may be necessary TO try these lawyers little.
From the beginning tn the end of the Jaehne
trial his lawyers resorted tn devices which must
have been intended tn blind, rather than en-
tighten. the jury. and we regret to say that 1t
has been impossible to discover any improve
ment in the methods by which McQuade was
shielded from his just fate
Il is far FROM our purpose to refuse McQnade
any right the law gives him. or to draw down
public criticism upon his counsel for guarding
his rights however jealnusly. But it is not
right to reject fair-minded and evidently I'M
Partial jrrors merely because they are men of
intelligence 1t is not right deliberately to
seek for jury of dull fellows with 10" moral
ideas. 1t is not right TO attempt to exasDerate
a Judge into making false ruling. 1t is not
right continually to impute malice to the prose-
cution. 1t is not right tn address stump
speeches to the jury designed to impress them
with the idea that the accused man is being
araroaded into prison by the Judge ADD the
District-Attorney every time question OF law
is being argued The way to secure a prisoners
liberty Is to disrrove the charges against him,
and no defendant can demand that hls lawyer
shall resort to devices which are ct the nselves
q confession of his guilt. 1t r. not always
necessary to infer a seriously bad motive on the
part of the lawyer who practises those meth
DDS. His enthusiasm, his compassion, his am
biton, all tend to carry him beyond the limit
set by propriety and justice But when the
hand of righteous vengeance is stayed by legal
articles and cunning tricks in cases OF such far
reaching Importance these, the law ers who
forget themselves and their high mission must
expect sharp criticism.