The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-04-01
Court Courtesies,

we are pleased TO see IN some OF our eX-
changes remarks in depreciation OF the
liberty permitted to members of the bar
of badgering witnesses, exaggerating
facts and testimony, and abusing accused
PERSONS. 1t ought to be checked if not
abolished.
The custom is cowardly as we'll as I'M
fair and improper. The language used
occasionally is libellous and vituperative,
and such as if spoken out of court would
be provocative of a breach of the peace.
But when used against a defendant at bar
retaliation is impossible. The attorney is
under the shelter of his position before
the court. and it Is very rare indeed, that
a judge thinks enough of his own dignity
and what is due to the accused, who
should be under his protection, to call an
abusive attorney to account.
In a breach of promise case, for in
stance, the unfortunate man who has
failed to commit matrimony, as expected
by the charmer, the wrongs to whose al
fections must be assuaged with cash, is
usually pictured as one of the most de-
PRAYED wretches that ever breathed the
breath of life. After person on trial for
his life is held up before the jury as the
very incarnation OF natural depravity,
and the evidence against him is SO tor
tured and highly colored as to amount to
absolute misrepresentation. All that is
wrong and in some instances it is crirni-
nal
Abuse of witnesses may be placed in the
same category. The attempts so fire.
quently made to confuse and brighten a
witness whose evident desire is to tell the
truth according to the terms of his oath
are no less shameful and despica-
bic. When a witness has given
doubtful or palpably false tes-
timony, and counsel confuse him
for the purpose OF exposing his du-
plicities. that is an entirely different
thing. It is efforts to make truth appear
a lie and to damage candid but timid
witness in the eyes of a jury that we de-
nounce, and also the practice of assailing
worthy persons as if they were the vilest
of the vile.
1t seems as though the bench
and the bar might unite in purg-
ing the courts Of the country of these
fragrant evils. Attorneys who indulge in
vituperat1on, abuse and practices which
should be beneath every honorable and
high-minded man, ought to be made to
understand that they are viewed with dis
favor. And the judges should maintain
that respect which naturally attaches 60
honorable courts by rebuking counsel
when the truth is clearly overstepped,
and when defendant or witness or op-
posing counsel is assailed improperly.
Contempt is often felt for both court aud
counsel when rank abuse is allowed to 90
unchecked. With the march OF inteII-
gence and the advance of civilization the
backwoods style Of forensic oratory is
losing its force. The license allowed in
new regions is not looked upon as the
proper thing among gentlemen and thor
ough lawyers, and, as a rule, it will be
found that practising attorneys who re-
frain from the gross exaggerations, per-
sonal attacks and cowardly abuses herein
mentioned, not only have greater weight
before judges and juries but grow in the
esteem of the public. Let us have fair
ness and courtesy in all the courts of the
land.