Southwest-sentinel. [volume] (Silver City, N.M.) 1883-189?, 1896-02-04

opposed ila introduction and the
court rule. g out Why YES this
done, If respondent was innocent
and couried q fair, full and honest
inYestigation9
"Ihe respondents stands boforo
the court bot be- an ordinary per-
som.
HE Is learned ia the law and is
far In advanco-of tho ordinary
lawyer 10 the practice Of his pro
~fos8ion, and Ia such matters be
knows we'll that his conduct is at
tributable 10 his supposed knowl-
edge that the truth would mill
tate against him. The suppress
sion OF fabrication Of evidence
always raises q presumption
against the accused, in matters Of
fact before q jury, aud the maxim,
omnia praesumentur contra apo-
liatorem, applies here with great
force. / Green. Ev. 81. 2 =
There we're some questions
which arose daring the progress
Of the trial which / deem Of sufi-
cient importance, IN the due adj
ministration Of Justice, to notice
here, and from which j dissented
from the views Af the majority Of
the court a. the4ime, but owing
to the necessity q a speedy hear
ing, the members Of the court
could not then express their. views
in writing.
Il was of theppinion then, and
am Of the opinhn, that all evi-
denco offered t6Ading 10 show
completely of respAndent in any
way to intimidateAo influence
witnesses on the heSring or ia the
publication Of q newspaper article
or articles Rejecting npon the
court or any member Of it in con-
nection with this hearing then
pending before Il, sh0uld have
been admitted. The~tommitfee'
charged with prosecution
stated that they expected to con-
meet the respondent with these
acts The evidence was admiss-
,80le upon the plainest and most
fundamental principles of evil
dence. That is, that Gil acts done
for the fabrication or suppression
of evidence, for the intimidation
of witnesses, jurors or courts are
acts evincing a consciousness of
guilt, and therefore admissible.
Innocence trusts TO truth, and re-
lies on legal methods to have the
truth shown, and the judgment of
the court rendered according to
the demands Of justice. Nothing
was shown which should have
changed the rule on this hearing.
All the facts should have been
permitted to see the light of day.
The rules Of evidence are not in
tended for the suppression of
facts, if these facts tend to aid in
the determination Of the issues in-
volved, and so should they have
been applied. 1t is not necessary
to cite authorities to establish the
principle for the a,Imissibillty of
this evidence. I know of nothing
whatever which would justify its
exclusion.
II do believe that an attorney
is authorized to visit and talk to
Witnesses who are expected to tes-
tify on the opposite side of the
case, and learn from them what
they know and are expected to
swear to in the case; and / am
sure they should not do so under
any circumstances after the wit
ness has once testified in the case.
THIS principal is strongly illus
trated in the Borrego trial, in the
case Of the witness, Max Knodt,
whose testimony on the prelimi-
nary hearing was very damaging
to the clients Of respondent, but as
soon as he received the pass
through the influence Of the re-
spondent bis memory failed him
and his testimony became value
less to the prosecution, and, in SC
far as the testimony Of that wit
ness was pertinent, the due ad-
ministration Of justice was defeat
ed. I know Of no code of mora.
or legal ethics which would war.
rant any attorney in such conduct
and / think the attorney who per.
mits himself TO do so steps cleal
beyond the bounds Of his duties
and responsibilities in the le0a.
profession, and becomes guilty o.
q moral delinquency, at leas.
and subjects himself to disbar
ment The legal profession needl
no code of rules for it's guidance
it is composed Of too many honor
able aud illustrious men to require
any such restraints.
'The profession is composed O
law makers as we'll as administra
tors of the law, and the only rulI
that / know of for their guidancI
ia their profession is q clear an,
distinct knowledge Of the scope o
their professional duties aud
, conscientious belief ia the right
) frankuess and honesty in thei
acts"
Nj. Associate Justice Miller
t clear language regarding the dut.
B of Judges, lawyers aud other min
] listers Of justice, wherein il
! held that q lawyer who conscious