The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-02-08
PooR's RIGHT OF COUNSEL.


been surprised by the protests of a
prisoner named Adolph HirschkOpf,
who insisted OH his constitutional right
Of self-defense before Recorder Golf.
Hirschkopf had a counsel appointed
for him, as is the custom Of courts
where prisoners are 100 poor to hire
counsel The counsel and HirSchkopf
fell out On a point of law and Hirsch-
kopf demanded the discharge Of the
| counsel aud asks TO conduct his own
case This will not be accorded him.
/ Recorder Golf does not think that any
court viii allow a defendant at bar TO
/ deprive himself of legal counsel.
1t is pointed out that for centuries
| men strOVe for the very right which
/ Hirschkopf resists. Formerly defand-
ants could not hire lawyers except in
/ certain instances. In 1865, when
| Blackstone wrote his famous common
tary on English law, all defendants in
criminal cases, barring treason, were
compelled to stand trial and defend in
person, without the aid of counsel, ex
I cepting only those persons who were
exempted by special privilege of the
crown or by certain Suryiyals of the
Benefit of Clergy. The first emphatic
assertion of the privilege, indeed, goes
back no further than our federal con-
stitutiOn, where the right Of all citizens
TO be represented by counsel in both
civil and criminal cases is expressly
acknowledged in the bill Of rights.
! Thus, Sir FOrtunatus Divarris in his
famous Treatise on Statutes" while
commenting upon the differences of
law in England and America, thus re-
fers to the latter:
Another, and perhaps one of the most
important privileges of the accused,
and not only q privilege but a right,
constitutional right, is that he shall be
allowed defence by counsel on the
trial. when SO accused. When we COM
pare the humanity Of this right with
the barbarity Of the ancient criminal
law of England, which denied TO per-
sons accused of the crimes of treason
or felony the aid of counsel, il should
inspire a feeling Of pride in the Amer
lean citizen that he lives under the
protection Of such government.
One Of the most notable instances of
such barbarity of law in England, as it
happens, occurred in 1896, on the last
day before an act of parliament allow
ing counsel 20 prisoners attainted for
treason went into effect. One William
Perkins had been arrested and indicted
for treason against King William III.
On his arraignment, so it is reported
in the sixth volume of the English
state trials, he pleaded not guilty aud
asked permission TO speak word.
After begging in vain for Il delay of a
few days in which to summon wit
nesses, the prisoner addressed the lord
chief justice as follows:
My Lord, 1t is very hard; so humbIy
beg that l may have the favor that 1
have counsel allowed me; l have no
skill in indictments.
Lord Chief Justice-We cannot allow
counsel.
Parkins-NIy Lord, If have 10 coun-
SCI, / do not unders tand these matters,
nor what advantage 1t may be proper
for me 10 take in these cases
Lord Chief Justice-You are not ig-
norant that counsel has always been
refused when desired.
Parkins-Aiy Lord there IS a new act
of parliament lately made that allows
counsel.
Lord Chief Justice-But that does not
commence Yet. sir.
Parkins-AIy Lord. it wants but one
day.
Lord Chief Justice-That is as much
rs il II were fer a much longer time.
We are 10 proceed according 10 what
the law is. and not what IL viii be.
Perkins was of course convicted, and
executed the following day, but the
sentence OF his lordship should be APP
pended TO make the anecdote complete.
1t was as follows:
That you so back TO the place from
whence you came, and from thence be
drawn on a hurdle 10 the place OF ex-
ecutiOn, where you shall be hanged by
the neck, and cut down alive. your
body shall be ripped open: your bowels
taken out and burnt before your face;
your hands shall be severed 10 Be d.
ViGed into four quarters. and your head
and quarters TO be at the disposal OF
the king; and may the Lord have
mercy on your SOU.
On the day after Parkin's execution.
just 200 years ago, was established the
right OF counsel" which HirSchkopf
spurned last Wednesday.
In the city of New York poor defend
ants are furnished with attorneys who
are assigned TO defend. Young al
torneys 10 the number OF 300 hang
around the criminal courts hoping 10
be assigned for practice
There Is deep prejudice on the part
of the criminally accused against these
'practicing" attorneys all over the
country as we'll as in New York. A
need thau cannot now be furnished is
the best legal talent for the poor man.
Like tie poor creature. William Par
kins. the poor man cannot be skilled
in indictments. The masterful con
duct Of = case : the result Of years OF
study Possession is nine-tentbs OF
the isw in 4 quarrel over property: a
mssterful lawyer is nine-tenths Of the
law Ia a criminal ease. Thus the poor
man IS pracgiced upon 10y the ySunc a.
tcrney and probably hangs. while the
rich man finds the best legal protection
with his money.