The times. [volume] (Richmond, Va.) 1890-1903, 1902-04-04
DELICATE POINT
OF LEGAL ETHICS.
Matter TO Be Settled BY Eminent
Board Of Arbitrators.
FIRST PRINCIPLE OF LIBERTY.
Mr.. Harry smitl, Makes Point That
Court Has no Right to Note Which,
ills Alleged. is Forgey-of
Far-Reaching importance

From the r. NJ. Lamb case, one of al
legged forgery, there have arisen questions
of vast legal Importance IN Virginia. j.!
The final settlement Of these question
there may be established a precedent
which will wcil-nigii upset accepted con-
ditions as to the administration Oh JUS
lice. These questions are just what may
he termed conG dea9ai communications
between Client and counsel. and whether
or not documy mt which may be 1ncalInl-
mating. transferred by Client 70 counsel
through an agent. is n confidential COM
inunication. within the m aiming OF the
law and, therefore, beyond the power OF
a court OF law to produce.
These have arisen as result of the
effort made BIZ J stCe CrUtcl1iail to c M
pei Mr. Harry NJ Smith and NJ. IL w.
GOODWIN, counsel for Lamb in the for
gerry charges. 10 produce o:c - tie do"-
lments on VIII ch is a. signatGrs-t at OF
A. Marchetti e Bro ailcSc4 to have been
forged Mr.. Smith and Mr.. Good wvn
maintain that the document. no matter
of what nature it may iiaItpea to be, caro-
TO them from their client. and as such
duce it. The fat tat it is the q Hcunent
on which the charge OF forgery is based
they hold of secondary imp ertarce.
SUSTAINED By OTHERS.
Mr.. Smith and Mr.. Co dwyn who rep
resent Lamb in the three charges 1'i'de
against him, two of these being Chs; fes
of forgery, appea CT be ore Justice
Ciutchfield in the Police Court yesterday
in proceedings against them to compel
them to produce the note. Meanwhile.
Mr. Smith and Mt. Goodwin had con-
suited with eminent jurists of the cit',
among them Judre George J.. Shristihn
formerly of the Husti rs Court: Judge L..
l.. Lewis, ex-president of the Sri"'t:ne
Court of Appeals; M. Hill Carter, who Is
recognized as one of the authorities on
criminal law in Virginia. and Mr.. Beverly
CruInp prominent member Of the par
All Of these gentlemen. said Mr.. Smith
starday. had agreed with him and MT
Goodwin that they were perfectly right
in refusing to surrender the not for sou
on VIII oh the alleged rged signature was
written. On an agreement hets e coun-
sci for the defense and commemorative
Attorney Richardson. the entire matter
will go before board Of arbitrators for
final solution, these arbitrator consist
ing probably of Judges Christian and
Lewis and MeSsrs. Carter. Crlllnp and one
or two others to be named.
In his. address to the court in this mat
ter. Mr.. Smith recited several noted cases
and declared that if Lamb had been
searched when arrested and the alleged
forged note found on him it could not
have been used against him. Evidence
OF guilt found on prisoners every day is
illegally used against them. he declared.
and he further said that evidence OF guilt
found by means Of a search warrant was
not legally correct when used by the pros
ecution.
PRINCIPLE OF LIBERTY.
This is the principle OF liberty" he de-
clarcd. THAT principle Of individual lib
erty is what has made England and the
United States the great nations they are
day, and its absence in Spain, Italy and
Russia is what is causing them 10 sink
every day in the scale of liberty. This
is a question which affects every man
in Virginia
Further, he said that il the court could
make MIR. Goodwin give up the note
which is nominally in his possession 1t
could make him give up anything. He
declared also that, rather than insist upon
the note being given up the court should
not permit Mr.. GOODWIN to give il up
because it would be the betrayal of the
confidence of the prisoner. he said that
The most eminent lawyers of this city
had agreed with him on this point.
MR. RICHARDSON'S VIEW.
Against this argument Mr.. Richardson
said that he had teen making some in
auirics and had found considerable diver
sity of opinion. He he'd that the note
differed from a conf Dental communal
ton because it had been traced through
independent sources and so far as the
evidence went there was nothing to show
that he had ever seen it. He
had spoken to three or four members of
The Constitutional Convention about the
matter and only one had said that the
lawyers for the defense Should hold the
note.
lie then suggested the plan of with
drawing the matter from court with an
agreement to lace it before board of
arbitration composed Of tie most eminent
lawyers in this city. the defense to abide
by their decision in the matter. Mr.