The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1890-02-18

lection the judge sagely informs him
that the lawyer is much privileged
person, who must be allowe to
choose his own methods of examina.
tion. There are cases, no doubt.
where the bulldozing of men on the
witness stand is justifable, but they
are certainly not so numerous that the
attorneys should be permitted to as
sumo as a general rule that witnesses
are always ready to perjure them
selves, and can only be prevented
from doing so by system attic rudeness
on the part of the questioner.
A still wider and harsher license of
insult is practiced toward litigants in
the speeches of the lawyers to Judges
and juries. The most pronounced
SANDERS are frequently uttere3; mems
motives are impugned and their acts
misrepresented quite as a mater of
course. 1t happens far oftener that
the parties to suit are treated with
violent injustice than that they are
dealt with in spirit Of even tolerable
fairness. The lawyer must make a
vigorous and stinging address, and if
the material is lacking he proceeds to
invent it, regardless Of the rights or
feelings of the person concerned. In
short, it is held that what a private
citizen may not do without being
knocked down or compelled to pay
damages for a lawyer may do with
the approval of the court, and be ac-
counted model of professional force
and skill. It is dificnlt for the aver
d Sc observer to understand why black
guardism should be tolerated as an
agency in the enforcement of the laws
under any circumstances; but there
can be no doubt about the fact that it
is so recognized, and that all protests
against it are met with the assurance
simply that it is a privilege custom
and precedent in the legal pro tession.
We are also taught that lawyer
may with perfect propriety accept a
fee for acting as lobbyist and help
ing to pass or defeat given schemes
of legislation. If an editor, a minister,
a physician, or a merchant takes
money in that way, we say he is
bribed, and the community distrusts
and denounces him accordingly. But
a man having license to practice law
may go into a legislature or ,. city
council, and, upon the pretext of being
employed as an attorney, do every
thing in his power to embarrass the
proper course of business and to
thwart the will of the people, and we
are estopped from saying that his be-
havior is dishonest and mischievous,
The courts will not even require him
to appear as witness and tell what
he knows about the corrupt appliances
which may have been used by himself
or others to bring about particular
result. He has only to say that he
cannot give such testimony without
divulging facts posed in his capacity
as lawyer, and he is at once excused.
The shield of professional privilege
protects him in ali con
bingencies of that sort. No matter
how important his testimony may be
TO the promotion of the public inter.
ests, or the detection of actual and
monstrous crime, he is allowed %
withhold it by merely pleading that
be has a client in the case who has
paid him retainer, and whose secrets
be is bound to keep. This is called
professional honor, and learned Judges
and solemnly uphold it as
such. Possibly it is necessary to grant
% a special class so much in the way
, privilege to pervert the principles
Al I methods of justice, morality and
which are rigidIy applied to
Ill other classes; but if so, it has yetto
De satisfactorily demonstrated and
he average observer may, therefore,
De pardoned for entertaining some
loubt upon the subject, to say the
east