Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-08
BAR ASSOCIATION.
PRESIDENT wnIEY'S ADDRESS AND ITS
DISCUSSION.
That Anonymous Pamphlet-Hon. John A. Hutchin-
sons Able Retaliation Of Charges Officers
Elected and Other Business Attended
ia Good Meeting.
sn.onL 1sLarn,n o the RseIster.


ers room in the U. S, court building
Among the new arrivals were Judge
Okey johnson and Senator Flournoy'
The room was we'll filled with members
of the Association, visiting attorneys
and citizens. President Wiley began
his address on "The Unlawful lawyer,
promptly at s o'clock. His address
was an excellent specimen OF legal acu-
men and ability and logical deductions
from the premises (as his view OF tne
question involved.
One of the subjects especially referred
to was the present status OF the legal
profession. In brief, President Wiley
was of the opinion land he finds few OPP
Uonents) that the legal profession OF to-
day does not occupy that high standard
in the eyes of the public as the same
profession did years ago. That IL stood
upon a much lower plane, etc. 1t had
become the target of witicisms, animal
versions and adverse criticisms. 1t
had lost to great extent its high
standing as the champion OF the
weak aud the oppressed. He be-
lieved that courts should again be-
come models OF legal dignity, and that
attorneys should be men as we'll as law
yers; loyal to the law as we'll as to their
clients; exalted above meressordld mo-
tive of gain. He believed that the AS
sociatlon should be used TO improve the
legal machinery and to place the probes
sion upon that higher moral plane oc:
cupied by it in times past. He appeared
TO have lost faith in the Legislature as
means of correcting bad law, aud re-
flected to some extent on the granger
element of that body as the cause OF the
late failure to pass certain law asked
for by the Association.
Another lobbyist which the President
referred to especially was that of trial
by Jury. Mr.. Wiley did not believe
that the jury law as it stands was
Just. In fact, he said, the man who
went before jury to have a claim ad-
juSted, had twelve chances against him
to one in his favor, and adversely the
guilty man when before jury had
twelve chances to escape TO one against
him. In some cases-where life or lib
erty was at stake-the President was OF
opinion that the decision OF the whole
number should be required to find him
guilty. Briefly, the President was OF
opinion that in all matters OF dollars
and cents and adjustment of civil differ
ences a majority OF a jury ought to be
sufficient TO decide.
Ii was, said the President, like asking
twelve men to sit down and agree upon
subject upon which two men could not
agree. 1t was making methods to put
power in the corrupt hands OF one jury
man to nullify and override the honest
opinion of the entire body. 1t often
left juries subject to suspicion, and left
it a temptation for the bribery OF sim
gle man, or more, to override and evade
justice.
This question, as anticipated by the
president, was lodged by the whole
Association. Not single speaker re-
ferred to it in any manner. IL was
delicate question and nobody appeared
anxious to commit himself.
Another subject was the matter OF
exhorbitant costs and long unneces-
sary delays in the trial Of causes.
The president gave as an example
several cases in litigation in which the
amount of the claims were the least
possible to bring before court in which
the amount of costs were as much or
more than the claims. He also cited
instances of cases begun generations
since and yet on the docket.
The morale Of the legal profession
was ably handled by the President,
He did not believe that an attorney
ought to try TO acquit client known to
be guilty. "No lawyer" said he, 'who
has made dishonest brief, is as good
lawyer as before" He thought that
the Apiau Way, for the profession, was
not the perversion of truth, but that
the profession should stand, in the eyes
Of the people, as representatives of
truth, morality and justice.
This, in brief, was the address by the
able, eloquent and analytical gentle
man, the President Of the Bar Assocla-
ton.
Following the president came Mr.. j.
Dallas Ewing, OF Wheeling, with an
eloquent address on the subject Trial
by Court" Mr.. Ewing opened his ad-
dress at the beginning Of all things -the
pater familias OF law and justice, tribal
aud family adjustment of wrongs,
and DEGREES by the fathers of the wrong
doors. From that period he reached
the ancient manner Of trials by the fire
ordeal, in which the man who was
charged with crime was adjudged guilty
If after plunging his hand in fire he was
burned. or If after dipping his arm in
boiling water he was Scalded, or burned
his feet in walking over a red hot
plough share. He finally dropped down
through cycles of time and ancient his
tory and tradition to the enlightened
period OF English history, when trial
by a jury of twelve honest men proved
check upon crime. Mr.. Ewing
touched upon the arbitrary power Of
the Judiciary, and said that the jury
was strong check upon il. He was in
favor Of a carefully selected jury as the
best means of attaining justice.
Col. Robert White, of Wheeling, diff
fered with the President on the question
of the law delays, and referring to the
allegation of the President that the bill
above referred to by him had been de-
feated by Granger Legislature, proved
conclusively that the President was no,
only mistaken in his opinion of the
granger element, as the Lower House
composed almost altogether OF that ee-
ment, had passed the bill by majority
of twelve votes: whereas, the Senate,
body of lawyers, had defeated it. Col.
White bravely, logically, and in burst
Of oratorical eloQuence, defended the
agricultural element from the Presi-
dents attack.
Judge 0key Johnson brought down
the house by differing with the Presi-
dent, who was OF the opinion that no
attorney should use bis talents and legal
acumen in defending guilty person.