Okolona messenger. (Okolona, Miss.) 1900-current, 1903-04-29

prisoner. He was promptly convicted in lower
court and sentenced to be hanged. Then a great
lawyer was interested in the case by the family OF
the murderer. He appealed the case to the su-
preme court on the ground that the indictment bad
been improperly returned. He showed that the
word "With' had been left out OF one sentence,
making it read that eShay certain knife did beat,
stab, cut and wound said John Leary, and that the
said John Leary of said mortal wounds did die"
It was the contention Of the lawyer that the knie
not Shay, had been indicted. The supreme court
held with this contention and sent the case back for
new trial. Then, by arts we'll known to the pro-
iessOn the great lawyer delayed the hearing until
certain important witnesses we're wanting, and the
murderer finally went free. And the law journals
congratulated the great attorney on this achieve
ment, declaring that it added to his fame!
Mr.. Hill is mistaken, however, If he thinks that
the public quarres most seriously with the use OF
technicalties by the legal profession The real Of
Tense OF the laWyers-that Is, the cOmmOnest one
goes far beyond any question OF ethics, and halts
little short Of the commission OF crime. 1t Is sell
dom that law suit Of any character is tried with
out the commission OF perjury. "Evidence in re-
buttal' means usually the proof that some witness
has lied Aside from the chief parties to suit 1t is
doubtful IL false testimony would be given un'
less it was suggested by some one. And who sug-
gests this false testimony, as rule, save the law
yersi We all know the process, for it is common
enough. The lawyer assemblies his Witnesses, Os-
tensiby to learn what they know, but too often
only to arrange and systematic what they shall tell
''Think again." says the smooth attorney. "Can't
you remember that Brown hit the first blOwf he
must have hit the first blow, don't you see under
the circumstances and if you remember that he did
so it will win your friends case"
We all recognize the power of suggestion. Even
an honest witness can be made to see things which
never occurred. Often the lawyer builds full
structure Of manufactured evidence and does 1t &c
deity that be cannet be accused Of definite crime
And, when the opposing counsel is able to shatte
this manufactured tissue, upon whom does the Oblo
guy iallf Not upon the lawyer who coached hi'
Witnesses into trouble, but upon the witnessed
themselves.
district Judge in Kansas once said in public
that eight out OF every ten adavits for the cOntin
uance of cases were of peTured character. Thes'
afidavits are almost invariably suggested and pre-
pared by the attorneys In the Not one Glen
in hundred wants his to go over, and it is th'
lawyers who are hunting constantly for reasons o.
subteriuges for further delay.
1t would not be just to indict the legal profession
in such a wholesale fashion without noting the ex
istence of many lawyers who above such things
We have with as an occasional attorney who doe
not even practice the right accorded to him by th
ethics Of his profession and who will not defend
cause which he knows to be wrong. These are few
to be sure, but they do much in maintaining tn
dignity OF the bar and they form the material irOU
which good judges are made.