Virginia citizen. (Irvington, Va.) 1891-1921, 1903-05-08

believe in the innocence or the DEFEND
ant. He never believes IL honest to be
dishonest or TO tell a falsebood. no mat
ter how good the cause may be for
which that falsehood has been told.
The Lawyers Many Temptations.
But. though this may be all true. the
lawyers are Very great. Believing in
the innocence of their clients, they
know as no other class of men how
many innocent victims have been sent
to the penitentiary or the galiows
through an unbreakable chain OF false
circumstantial evidence. In one OF our
large cities of the east man was
aroused one night by noise. With
lighted candle and cooked revolver, he
descended the stairs and was shot
dead. An ex-convict was arrested and
charged with the crime. His lawyer
believed him to be innocent. He did
all in his power to save him. He was
hanged. Some years after the execu.
ton n dying convict confessed to that
crime and thus proved that an limo
cent man had his life choked out by
false circumstantial evidence. In the
same way n few years ago n woman
in the far west was murdered. An in
nocent man. proved so by later devel
opments. was found to have suffered
for that crime. l once said to the
warden of Sing Sing penitentiary,
warden. do you believe there are any
innocent men i'm this prison who have
been sent here unjustly by circumstan-
tial evidenceT' Lots of Them" he an
swered. Il believe there are lots Of
them" "Now," says the honest law
yer. 81 believe my client is innocent,
and yet this false chain of circumstan-
tial evidence will convict him unless
break il. Is ii not right to fight fraud
by fraud? Am not justified in using
any means TO deliver this innocent
man?" In such a crisis the tempta ton
is overwhelming TO present any evil
dence available. even though II Is
known to be false. He argues himself
into this position because he believes
he is justified in doing wrong 10 win
a right.
But, my legal friend. two wrongs
never make a right. No lawyer in any
capacity is called upon to lie. A false
hood is n falsehood, no matter how Il
Is told. If you believe in Justice. your
own hands must be clean when they
touch hers. nor must you contaminate
your own lips when you would WOO her
to protect the life of your client. If a
lawyer is willing to lie for a good
cause, the time will not be very far
distant when he will be willing to tell
q falsehood TO win bad cause.
The righteous lawyer tries to keep
his client out of litigation IL possible
That means he does for his client ex-
actiy what the honest doctor would do
for his patient. The family physician.
coming 20 the bedside OF an invalid,
does not say. "How long can ] keep
this man sick, so l can make as much
money out of him as possible?" He
says: How soon can make this man
Wen? The sooner the better Better
for me; better for the patient" Mel
Their does the honest lawyer try to force
his client into litigation. He knows
that often the best way to settle a
legal difficulty is outside the court, in
stead OF inside.
Some Illustrations.
Practical illustrations: A man comes
to his lawyer and says: II have been
unjustly treated. and want $1,000
damages. / want you to bring suit
right away" What does that honest
lawyer do? He looks all over the de-
tails OF the case. Then, IL he Is con-
scientious, ne says to his client: my
friend, you have sufficient grounds for
damages; but. as your lawyer. 1 am
going to advise you as would my own
son. Do not get mixed up in this case
unless you must The lawyers fees
may in the end cost more than you
would make. Then there Is no telling
what a jury may do. You might lose
everything. ! would compromise.
would take what l could get and let
the rest 20. 1t will be cheaper In the
end. That is my advice" This is the
same kind OF advice which John n.
Porter, for many years the leader OF
the New York bar, once gave to my
father. My father determined on one
occasion 10 appeal to the courts for
vindication. He had conclusive evil
dence TO support his case. He took
this evidence to Mr.. Porter's office and
read it to him. After reading IL. John
IA Porter, as a conscientious lawyer.
turned and said: "Dr. Talmage, upon
that evidence i can win the suit for
you, but i am going TO tell you what
told Horace Greeley, who last week
came on the same kind of an GRAND
and sat in the same chair OH which you
are now sitting. Go home and mind
your business. You have n work 10 do.
Life is too short for you to spend any
OF that time fighting in court of law
unless your woris is menaced." Ny IA
Their went home. The suit was never
brought.
But" says some young lawyer, 'that
may be all right for we'll established
attorney like John *. Porter to do. He
had all the business he could carry.
He could afford in his position TO turn
down n Greeley. But that is not the
way young man can build up prac-
tice. 1t is what he does In the court.
and not outside OF it. that wins him
fame, No, my friend, you are wrong.
The public is not as stupid as you
think. If that public once hears n
whispering that you are trying to keep
clients out OF trouble instead OF push
Ing them in, you will have all the eli
ents you want. Study the history of
Mayor Jones OF Toledo, O., who has
just been reelected for his fourth con-
secutive term. He is generally called
Golden Rule" Jones. ] know nothing
about Mr.. Jones' private life, nothing
about his politics, but this do know
the people. the common people of that
city. believe that Mr.. Jones is their
friend and is trying to help them as far
as Is able to do. Every newspaper I'm
that city was against him. During the
campaign they would not even print
his name. The Republican and the
Democratic organizations were against
him. Each party had its separate can
didate. Yet Golden Rule" Jones went
quietly ahead. At the public ballot
boxes he received an overwhelming
majority, his vote being 20 per cent of
all the votes cast. Why? The people.