New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-13
Legal "ADVICE."

1t would be interesting to know just what Mr..
L. Latin Kellogg counsel for Gaynor and
Greene, meant in his remarks at the time those
distinguished travellers were passing through
New-YOrk He is quoted as saying: "In the
preliminary examination before United States
commissioner Shields the innocence Of these
two men was clearly proved. Their flight
ito Canada was contrary to my advice, and
was due to Greene's pride, as he could not
bear to face a charge Of conspirtng to rob the
government" He added Concerning the
matter Of ball. my clients are willing to give
ANY reasonable amount, but I do not know
whether they Will be admitted to BAIL" and
'botb men are now sorry they went away"
This last statement may be accepted without
question, for the men have doubtless spent a
vast sum Of money and had much worry in their
fruitless attempts to elude justice. AS recov-
cred fugitives the probability of their being
kept in custody is quite inadequately fore
Swallowed by Mr. Keogg's mild doubts Of their
being admitted TO bail. They may be sorry they
went away to such poor purpose, but the gov
eminent, which has been working for years to
get them back, will hardly take chances on their
going away again. Their sorrow did not over
come them until the last resource OF the
Canadian lawyers had been exhausted.
1t is Mr.. KelIoggs privilege, perhaps his duty.
to proclaim his clients innocence even if Com
missioner Shields. the various judges concerned
in the preliminary proceedings and the general
public failed to discover those clear proofs of
which he speaks His Interpretation of the
record is professional, if not convincing When,
however, he comes to explain the reason for his
clients soiourn outside the jurisdiction of the
tribunal in which alone they could finally estab-
lish that innocence he suggests a new problem
in psychology. Messrs. Gaynor and Greene be-
frO Fr0U haoo
Greene's pride Pride is certainly a strange
passion. Because of it men have done queer
things, things which seemed to the spectator
better calculated to disgrace than to ennoble
them But we never until now saw man adver-
tise himself before the whole civilized world for
years as an accused robber strenuously fighting
to avoid answering his accusers because he was
too proud to let his innocence be established II
was pride that prompted these innocent men to
avoid a verdict of not guilty by jury of their
peers, to forfeit the bail which friends had
given for them and TO remain as long as posi-
bic unvindicated. The dictionary makers will
need TO furnish a new definition of pride" for
their next editions.
But the most serious part of Mr. kellogg's
apology is the reputed statement Their flight
to Canada was contrary to my advice" IT, as
the word advice seems to imply, Mr.. Kellogg
a lawyer, an officer of the court, had advance
knowledge or his clients intentions, a grave
question of professional ethics is raised \ law
yer is bound to protect the professional conf
dences Of his client and guard his legal rights,
but he is distinctly bound not TO be party to
anv attempt to get the better OF the law. II
Mr.. Kellogg knew that his clients intended to
fee from Justice. 1t his duty as an officer of
the court to warn the authorities. lawyer Is
not a licensed assistant either in jail breaking
or bail skipping and If the standards of the
profession had so fallen that its members con-
gdsred adVtcs about tie deslrgbLity OF such