The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-07-21
A SEVERE ARRAIeNmENT.

]. j. Mccarthy president Of the Iowa State Bar as
ISOLATION and one of the most brilliant of the younger
generation OF lawyers in Iowa, has been struck with
the prevalence of perjury and bribery in American
courts Of justice and told about 1t in forcibe way in
his annual address to the association a few days ago
Among other things he quoted from letters received
from learned judges who assert that is their opinion
derived from cases coming continuously under their
notice that from so to rs per cent OF the evidence Of
fered behalf of the uefense in criminal is false
Relying upon his own observations, as well as upon
those of his auditors Mr. Mccarthy asked; What one
of but has the rights Of persons and OF proper
ty sacrificed and tramped under root presumably
under due form of law hut really and truly by the
Of corrupt, false and sometimes purchased testimony?
''Who can blame poor outcast Of society for false
swearing when presumably reputable citizens do the
same thing? Why do we expend time and money in
prosecuting poor tramp for stealing oyercoat
to keep from freezing when the wrecor of bank, the
despoter Of home, the taker of human life the
bezzler Of thousands goes unwhpped Of justice?
Why should a Nation or State cry out against
Determinations. trusts combinations and 'watered
stocks when the very crime that makes them possible
is passed unnouced? Why does the press OF country
write volumes the constitutions following the flag
when the aancty Of any oath that gives both the nag
and the constitution their real significance 10 almost
iguored?"
Mr. Mccarthy talks well enough, and shows plainly
that he has discovered the rotten spot in our judicial
system. but he should have had the courage so on
and point out the remedy for the evil he clearly pic
lures 1t must certainly have occurred to of his
keen perception that ,hs perjury and subornatlou OF
testimony which has become the everlasting disgrace
OF American courts of Justice could obtain without
receiving oountenance from the lawyers practciug i'm
those courts Mr. Mccarthy does not undertake TO say
that the lawyers ignorant OF tho conditions he dc
plores. On the contrary he appeals them for proof
OF their existence with Che confidence Of a man who is
sure OF his witness Why dI ho not therefore have
the courage to denounce the practice so common
among lawyers of bolstoins up questionable testimony
with worse?
Why did IT not strike him that the best way to de.
popularize perjury is TO refuse make of the per
jurer in fighting out a case2
Was it because very often there would be no case
to fight out without manufactured testimony to sup.
port it?
Tlue, as Mr.. Mccarthy says These are the things
that beget distust and dsrespect for the courts and
for verdets, and noasted forms of law These
are the things that produce anarchy ynchng and in
yite Just contempt well lack OF confidence in
those tribunals called courts OF Justice
But who is most responsible for all this if not the
lawyer who takes little pains to inquire into the char
acter OF the Testimony furnished him by his client just
SO It promises to the rendering OF favorable
verdict?
Whenever the law schools begin teaching that truth
triumphant is more glorious than verdict obtained
through its observation and their graduates cease tax
ing pride in winning except on their merits the
ground OF Mr. MeCarthys complaint win disappear