Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-09-22

Cileu III Ire NIUE 1f0 L. "a. "A. Or.
No evidence was offered to sustain
these statements made by the attor-
ney after he had brought them IL
the attention of the jury. and yet he
ought to have been we'll aware that
no fact and especially one SO vital
to the defendant, should be stated,
unless it was his intention to supper.
it by evidence. 1t was his duty to
seek conviction only on facts proved
or earnestly sought to be presenter
by proper evidence. and not by refer
ence to any others in his opening
staten ent in the presence Of the jury
The use Ct every fair and honor
able means is commendable in the ef-
fer. 20 win cases but in the heat AMI
anxiety of trials even eminent coun-
sci have too often so far forgotten
their duty to. themselves, to a worthy
profession ard to the court as to
seek to prejudice or influence juries
by bringing to their attention facts
which they are well aware could not
be proven or presented under proper
practice and the ordinary rules Of
evidence. Every high minded atto--
ney should scorn and rise above sucn
petty and reprehensibie methods
Closing an ELOQUENT dissertation re-
garding the improperly Of statements
!. made By counsel. which were not sup
ported by the evidence. the Supreme
Court of Georgia said: ''But let moth
ing tempt them to peryert the testi-
naony CIR surreptiticnsiy array before
the jury, facts which, whether true or
not. have not been proven"
10 Georgia. 523.
The right of discussing thetmerits
Of the cause both as to the law AMI
the facts, is unabridged. The range
in discussion is wide He may he
heard in argument upon every ques-
ton Of law IN his address to the
jury it is his privilege to descant up-
on the facts proved or admitted in the
pieadings. to arraign the conduct OF
the parties: to impugn. excuse justify
or condemn motives. so far as thew
are developed in evidence, assail the
creditahility of witnesses when it is
impeached by direct evidence or by
the inconsistent or incOherence CT
their testimony, their manner of ties
tifylng, their appearance upon the
stand or by circum stances. His II
Illustrations may De as various as the
} resources of his genius; his argu-
mentation as full and profound As
: learning can make it: and he NAV
) if he will. give PLAY to his wit, u
; wings to his imagination. 10 this
freedom Of speech. however, there i:
{ some limitations His manner mus
: be decorus. All courts have power
/, to protect themselves from contempt
r and indecency in words or sentences
: is contempt. This is matter Of
) course in courts Of civilized communi
e ties but not OF form merely N
court can command from an enlight
1 ened public that respect necessary
!, TO an even administration of the Law
= without maintaining in its bushes;
$ proceedings that courtesy. dignit,
and purity which characterize the
intercourse of gentlemen in privat
= life. So. too, what a counsel does o
says in his argument of a cause mus
: be. pertinent to the matter on tria
e before the jury, and he takes the haz
;. ard OF its not being SO. Now, state
It ments Of facts not proved and con,
n ments thereon are outside of the cas-
b ,1ney stand legally irrelevant to tn
|. matter in question and are therefor
4 not pertinent. If not pertinent, the
>. are not within the privilege of coul
n SELL
u(ACt v I1CAuCk1I. II Il. OSS.
ia Hatch ' State. 80 Tex. App 423
h. Thompson on Trials, $50.
y State Berry, 10 Ga. 522
THE profession of the law is i;
Il stituted for the administration of jul
:. tice. The duties OF the bench an
e bar, differ in kind, not in purpose. tt
he duty of both alike is to establish Il,
2 truth and to apply the law to it,
le 1t is essential to the proper az
ID ministraticn of Justice. frail and III
~ certain at best. that all that can
Is said for each party, in the determin
as ton of fact and law should be hear
FL Forensic strife is but the method, an
IL mighty one, to ascertain the trut
and the law governing the truth.
De- is the duty of the counsel to make II
at most of the case which his client
ed able to give him; but counsel is o
AT of his duty and the right, and OF
nj side of the principal object Of his pr
AS fessicn, when he travels ont of h
en- clients case and assumes to supply
MI deficiencies. Therefore, it is that tt
ID. nice sense of the profession regar,
eg with such distrust and aversion Il
ef testimony Of lawyer in favor of h
", client The very fullest freedom
sion, should be accrued to counse
re- but it is license, not freedom
iii. speech, to travel out of the reccr
he hasing his argument on facts not q
,r., pearing. and appealing to prejudic
ny irrelevant to the case and outside
-es the proof. 1t is the duty of the cour
in in jury trials, to interfere in all pl
he per cases, of their own motion tt
.ks IS Cue to truth and Justice And
ex- counsel persevere in arguing up
to pertinent facts net before the jury
OF. appealing to preiudices foreign to t
de case in evidence. exception may
Of taken by the other side. which m
de- be good grounds for another trial
he for reversal in this court"
the Brown Swineford, "A Wis 293
lev Thompson, Sec. 965
the In Coleman State. III Ind. 5
de- it was held that when the prosecute
for attorney in his opening statement
70 guilty of misconduct prejudicial to I
ion substantiated rights of the defends