Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1889-11-14
RELATION OF LAWYER AND
CLIENT
How Far and When. . Lawyer 10 Jus
titled In Defending a Man who II
Guilty.

CLIENT
titled In Defending q Man who IL
Guilty.
Editor Kenasbse Jouraat
Every attorney before he 10 admitted to the
bar is required to take An oath to sup-
port the constitution Of the United States,
~ we'll ~ Of bis own State, and that he will do
10 faisehood. nor consent to the doing Of
any. and II he know Of an intention to com
NIT any. he will give know ledge thereof to
the Justices Of the court, that it may be pre-
vented that he will not willingly or willing
ly promote or sue any false, groundless, or
unla " full suit nor give aid or consent 10
the same that he will conduct himself ac-
cording to the best Of his knowledge and dis
erection, and With all good fidelity as well to
the courts ~ to his clients
SO far As the or linxry duties of every
good citizen are concerned the attorney 10
under the same obligation before. As we'll As
after he has taken this oath and it cannot
p,rhsps be fairly assumed that he alone
needs an oath TO remind him of this obliva-
ton Admitting however, that the oath i'm
poses additional duties. let US inquire what
formed
Does fidelity to the court under any cir
cumstances, imply inideIty to his client? We
cannot suppose that the terms of his oath i'm
ply incompatiblilty. Sill he may apparently
have divided duty From his client he
may obtain confessions which. justly or un-
justly. might esablish his guilt. Shall he
give knowledge thereof" Happily for the
attorney in this dilemma. neither counsel or
attorneys are permitted to discover the secrets
or their clients, though they offer Themselves
~ witnesses for that purpose THIS is the
privilege of the client and not of the ator-
ney, and 10 founded on the policy of the law.
which will not permit any person TO betrsy
secret with which the law has thus instrasted
him." To admit the attorney to give evil
dence in such case, says Viner, would be "a
manifest hindrsnce to all society commerce
and con versatiop.' The policy of the law
having enjoined this confidence between
attorney and client, how far. and when. is the
former justified in defending the latter who
10 guilty
Although no rule can. perhaps, be pre-
scribed and every ease must necessarily be
decided upon its o~ merits, or dement's, by
the attorney himself, under the oath he has
taken, there are undoubtedly cases in which
the attorney would not only be justified in
defending . man known to be z lily, but 1t
would become his duty to do A man may
be guilty but it becomes important 10 know
of what he il guilty, and whether there are
or are not paliisting circumstances For IN
stance. he may be charged with the crime of
murder. The attorney may become satsf
that the sceused is guilty of IN ,nslaugh,er or
of lesser crime, or although technically
guilty Of me crime. that there are clrcum
stances possibly amounting t. justifi ,be
homicide Shall he refuse his professional
aid Certainly not.
Again the nature of the crime. whether
NAHUM proh,bttnm or NAHUM IN Sc. may be
come important. Attorney u. may hone stly
believe that the welfare of society rsqnires
the strict enforcement Of the prohibitory Law,
and the punishment of the rumselIer for
a violation thereof to the extent of the law,
and that his oath of ofh.e will not allow
him to defend . client known to him
to be guilty of that crime Attorney W on
the other hand may believe that such q Law
10 unjust, oppressive, and subyersive of the
constitutional rights of the citizen, And that
his client although guilty under the statute,
10 innocent in the forum of conscience and
that justice to his client requires his escape
from punishment by any and ALL means
which his professional skill can honorably
devise; and that q refusal to convict, may
bring the Law into disrepute. and cause its
repeal or essential modification. BY the
constitution of the United States in all Grim
insl prosecution the accused is entitled to .
trial by Jury and to have the ASSISTANCE of
counsel for his defence In cases of doubt
ought not this provision to have its leglti
mate influence, in favor of the prisoner.
haI tba
assistance?
In times of unusual excitement in a com
munity. on account of the commission. or
supposed commission Of crime when an
excited populsce demands the speedy punish
ment Of the accused believed to be guilty
at such times especially, should the assist
ance of counsel be rendered in behalf of
the prisoner.
In l74l in the City of New York when
the Negro slaves. Qusck and Cuffee were
without counsel, convicted on a charge OF 4
conspiracy TO murder the inhabitants OF that
city, and burned at the stake: the excite
ment continuing. over $50 arrests were
made. of whom four white persons were
hanged, eleven negroes burnt. eighteen
hanged. and ff,y we're transported and sold
And upon a careful review of the whole
evidence. Mr. Chandler pronounces the
whole thing to have been complete de-
Iusion.''
The prisoners had no counsel and almost
every member of the bar appeared against
them.
But let US turn from these disgracsful
proceedings to the conduct of another bar
under some what simiiar circumstances
On the 9Th of Narch. l7s0. in the town OF
Boston. q party Of British soldiers fred
upon crowd Of citizens and killed Ave of
them. As N ght be expected this tragedy
wrought the whole people of Mss.a
chusetts and especially the inhab- |
pitch of rage and indignation. The popuiace
breathed only vengeance The people we're
loud in their indignation. and ctamorous for |
that justice which declares that blood shall be |
the penalty of blood.
No prominent patriots of that dav sympa |
thixed more deeply With the mas Of their |
fellow citi1ens in their hatred of the instru-
meuts Of their oppressors, and in their de-
test.tion Of the principles they had been sent |
hither to maintain that John Adams and /
Josiah Quincy, Junior. After delibera-ion /
and consultation. at the solicitation OF Cap.
Preston in behalf of the British soldiers rho
were to be tried for their lives, they consent
ed to defend them. Quincys father ~ soon
- he heard the ramor tina. his son had con
sented to act for the prisoners wrote him a.
folloss: MY dear son. | am under great
affection 1t hearing the bitterest reproachs.
uttered against you for having become an ID
vecaie for those criminals, Who are charge
with the murder of their fellow citiz ms
Good God 10 it possible viIl not believe
it. I must own to you, It has filed the bosom
Of your aged and irdrm parent With anxiety
true, bat destructive of your reputation and
and repeat. will not believe il,
anless it be confirmed by your own mouth.
Or under your own hand. Your anxious and
distressed parent
This letter elicised this reply,
ITO josiah Quincy. Esq.,, Brainsree.
Boston, March %. l.70
"HoxoRkp SIn-f have little leisure, and