Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1889-07-26
TYLER on,rrorsns nnooks
Address before the Bnr Association
nj ruf lin .HnY.

MIR. EDITORIALS an old member OF
the Ohio Bar, desire TO say few
words in reply to the speech OF j. T.
Brooks, Esq, made Mt Put-in-Bay ut
the late meeting Of the Bar Associa-
tion. AS is said in the Blade Of the
18th inst, "Mr. Brooks is counsel for
one of largest corporations in the
country, the Pennsylvania company"
Really his entire experience at the Bar
is confined TO acting for railroads. l
never heard Of his being engaged in
the defense of his fellow man when
charged with Grim OF course he
cannot Judge correctly OF the RESPONSE
bility or duties OF an attorney defend
ing poor unfortunate charged with
crime. Mr.. Brooks said in his remarks s:
"The object of all law is to secure the pro
dee9n on Gl iiie, person, properly and good nSme
is secured. He drafts the law interprets It
enforces 1t. Each act should be done with con
stage the scheme fails the fault is with the
| lawyer, for the business Is wholly his"
Part Of this is true and part is not
true. The scheme he speaks of often fails
after tho wiscst counscls most earnest
work and jealous appeals by reason OF
the fallibility Of courts, and jurors who
Mt best are but men, usually of limited
knowledge or experience in the law,
and frequently very poor judges OF men
and things, and the best lawyer with
his best endeavor, is often unable to
work out justice before them. All he
can do, to use homely phrase, is to
lead the horse to water, he cannot
make him drink" l don't criticise Mr..
Brooks personally but do say that of
all men who seem careless of the rights
of common people, who procrastinate
law suits and thwart justice by tech
nicalities, the railroad lawyer stands
at the head. 1t is n common saying
that to sue n railroad or any powerful
corporation, is to entor upon life long
contest, with money and power and
talent against you. Railroads do not,
asa usual thing, seek justice from our
Courts. They employ lawyers to win
cases, no matter how; to make litiga-
tion so expensive and prolonged as to
wear out poor client who has lost
limb or become permanently disabled
in any way, and to discourage widows
and orphans from seeking their rights
against these soul-less corporations.
If Mr.. Brooks had turned n little of
his attention to this class of lawyers,
rather than to those who, by trying TO
see that the innocent are set free, and
to the guilty justice is tempered with
mercy, he would in my judgment have
done full rs much as he did do toward
correcting the morals of the Bar. He
says again:
"The sole object OF the law being to protect
man, by means OF !, gal procedure of the lawyers
purpose, they and their profession stand wei.
il they prevent the law and delay or finally
deny protection, they and their profession are
In disrepute."
This he tries to apply specially to
trial lawyers who defend criminals.
If he will turn his eyes inward and
look at his brethren who are the hired
attorneys of railroads, he can apply his
sentiment as aptly and with much more
profit to himself, or to them. Again
he says:
"If lawyer aids in preventing law, In pro-
tccting the guilty rather than the innocent, he
is like doctor who would, practice to kill
rather than cure, or priest who would destroy
the soul rather than save. Every client is
right or wrong, innocent or guilty. Hence the
lawyer who knowingly defends him Il wrong or
an enemy of society"
This passage alone shows how utterly
ignorant he is either Of the duty of n
criminal lawyer or the manner in
which he performs it.
No good lawyer ever began the de-
Tense of criminal KNOWING he was
guilty. If he did so, he started into
his case half defeated. ] have tried as
many criminal cases perhaps as most
men, and never yet has client ad-
mitted his guilt to me. The exculpa-
tory facts, not the inculpatory, are
sufficient for the criminal at
torney to start in with. The State will |
bring out the damaging evidence fully
as fast and as strongly as he can wish.
And have known men put on trial |
soon after confession of guilt proven
innocent. Who is to say when |
a man is charged with crime that he is
guiltyp The law in its wisdom pre-
sumes him innocent. But Mr.. Brooks |
in his sapient and more holy notions,
would. in some cases nresume him |
guilty and refuse to defend him. l will |
venture to say that Mr.. Brooks, were
the fee made large enough, would under
lake the defense of any client, and |
the more money he received the more
would he believe him inno-
cent.
Mr.. Brooks says further:
"a few years ago, great advocate was n great |
rooms were crowded when he rose to speak. |
Now mark the change. Agriculture is no more
the chief employment. It's quiet ways are sue
ceeded by the stunning roar oi trade and man |
uiacture. Where Il thousand dollars were once |
Invested are now million Capital and labor |
have become organized and vast corporations
have become organized to gain, save and insure |
Money, and not philanthropy is the
aim OF these great institutions. They have no
ase ase for & lawyer who can only guess talk or
by thinking and writing: he Is wanted TO keep
hem out OF trouble; not pleader, but ad-
wiser; IN the Office, not in the court room"
This is simply taffy for those who
cannot rise in the forum and clearly
and forcibly express themselves. This
office practice is all well enough. 1t
has its place and is valuable in case