The San Francisco call., 1895-11-06
LETTERS FROM THE PEOPLE
DURRANT's LAWYERS.

10 the Editor Of the San Francisco Call-SIR
from the statements IN the newspapers it
would seem that the attorneys for Durrant have
expressed their individual belief in his inno-
cehee. Those gentlemen are all reputable and
experienced attorneys, and, therefore, it is
scarcely possible that in this respect they have
peen truthfully represented. An underlying
and 1nexorable rule in respect to the relation
between attorney and client is that the indi-
'luual OPINION, or even the knowledge, of the
attorney derived from his client, has nothing
10 90 with the case in which he is retained.
his capacity is merely representative. AS we
i've under the law it is his duty to see that
his chent Is tried according to the law, which
experience has demonstrated to be the only
safety, ghke for the accused and the COM
munlty; 1t is his particular function, upon
the trlal, TO prevent the introduction of testi-
my ma y nU. relevant, material ana competent,
anu 10 olscuss the facts, received from the wit
nesses In the courtroom, unaffected by any
statements or opinions from the outside
WIllu' iicl9olng the press, ta1rly and clearly.
Mnen THIS duty is performed his work is done.
Wnether for the prosecution or for the defense,
ne III ust not even intimate his own belief OF
gum or innocence, or avail himself OF his posi-
lon 10 give evidence OF single TACT or circum-
stance bearing on the question. These propo-
sltlons are fundamental and controlling, and,
Wnen H,is thoroughly comprehended and, to use
Juuge Murphy's expression, "hyed up to- so
!ar as tne interests OF the State are concerned,
IL Is a matter OF no consequence, whether or
~, tpAouSl the c0nhQentlal intercourse which
the law allows ana jealousy protects, he be-
neVes or has been informed that his client is
innocent or guilty.
his client may have confessed to him, as in
the celebrated Palmer case, and yet, if he has
tne praln and knowledge to keep himself
WITHIN his privilege as already interpreted, no
oplgatl0n as citizen or man can be vio
lateo. But If, as alsoit appeared in the Palmer
case ana III some other cases, he should forget
HlmseH ana personally assert TACT or belief
IN Innocence or guilt, whether true or false,
ana especially If false, then he has violated his
professional obligations.
am quite sure that none of the attorneys
LOT Durrant have failed to recognize these dis
Nnctlons founded on integrity and on good
sense, but it is important also that they should
be comprehended and applied by intelligent
ana educated American citizens. When this is
done we Will have no such absurd suggestions,
consistent only with despotism and anarchy,
as those which fell from the lips of one of our
clergymen on Sunday last. Innocent men
nave frequently acknowledged guilt, and the
necessities of civilized society require that no
man should be acquitted or convicted except
upon the facts and the law as formally devel-
oped and applied in court of justice. If the
existing forms, as in the selection of jury,
are cumbrous and procrastinating the remedy
is by legislation. If jurors, Judges or lawyers
are frequently incompetent or corrupt the
remedy Is IN the adoption of better system
and of higher standard NJ
San Francisco, Nov 8, 1895.