The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-03-04
Make LAWYER AND
CLIENT TELL TRUTH
Is Valuable Advice Lecturer
Gives-False Swearing
Is Frequent.

4
was the subject of talk By William
A. burlington, of 80 Wall street, be-
fore the Educational Alliance, at 1877
East Broadway. Mr.. burlington said:
The whole evening might be pass
ed In quoting prophets, poets, philoso-
piers and law givers OF all nations in
scorn of liars. Notwithstanding all
this condemnation of and expressed
all ages as thick as flcas in Mexican
sheep ranch. King David confessos to
having said in his haste, All men arc
liars; today lawyers are tempted to
say the same thing at their leisure.
Now, what is that hateful, general
ly contemplate and cowardly thing.
a lie? II is not every misstatement
of fact. We are not called upon to
be as strict as that rectangular per.
son Epaminondas. woh so loved the
truth that he would not exaggerate
even in jest. Such strictness would
Obliterate the works of imagination
that charm but do not deceive. Nor
is IL false to say unntentionally even
on the witness stand what is not true.
The most honest witness with neither
intent nor motive to falsify may be led
into misstatements through defect of
memory or suggestion by his exami-
ners.
| Is q Lie Eyer Justifiable?
| "A lie is false statement knowing
ly made with intent to deceive and
mislead. Whether it is ever justfi-
able, and If so when, are questions in
morals that have been disputed for
ages. They open wide door of cas-
upitry through which we will not pass
tonight. The sort of lying with which
we have to do here is the conscious.
deliberate. willful expression of false
hood or suppression of truth by a
person under oath or affirmation with
intent to deceive and mislead court,
judge, jury. officer sitting to make in
quiry or any other person entitled to
know the truth in an action or pro-
| ceedings or on an occasion when an
oath is required or allowed by law, the
purpose of such ialsehood being to de-
feat the ends of public justice or to
/
fiant or some one in whom he is in
terested
| "A stale and very cheap jest, turn
ing up in many forms, is to treat the
words lawyer and liar as synonymous
ind to pronounce them alike. There
are undoubtedly some attorneys whose
word is not to be taken, whom neither
| hn l,Asr 10 4; 4 In
crs trust. To the credit of the SUI.
Dreme court and the bar association,
nearly one hundred of these men have
been dsbarred from practice in the
last few years. To attribute their
misconduct to lawyers as a class is
as false and foolish as is all other con.
demnation of a race or of a class be-
cause of its unworthy members.
Clients Often to Blame.
when it comes to this matter Of
false swearing it Is the client more
than the attorney who is responsible
II any of you chance to be clients, lay
this to heart. DO not be false to your
attorney. DO not permit him to make
you appear false TO the court or your
adversary.
"A man with 4 sense of wrong goes
to an attorney with grievance. He
states the case as he sees it through
the distorted medium of self.interest
He is willing to verify any pleading
or make any affidavit that is drawn
up for him, and does not care to read
or study ii. But when he gets into
court and is sworn he changes. On
direct examination by his own attor.
ney he adheres fairly well to hist
statements in the office. But on
cross-examination doubts arise. He
begins to realize that he is under oath
His memory becomes less vivid: he
qualities his story or even breaks
down. II requires IA fine artist with
a strong memory to lie successfully
Herein is the value of cross-examina
) ton.
False swearing is just as great an
technical perjury. Only the other day
an attorney with hitherto unblem
ished reputation was severely disci
; plined for making to the court in eN
cessive zeal for his client false state
ments that would not have sustained
an indictment for perjury. and this
although the referee to take evidence
! acquitted him of intent to deceive. II
is a cause for rejoicing that the SUI
J preme court is today holding attor
neys TO high standards of honorable
conduct mere severely than ever be
. fore.
Perjury is the greatest offense
against the administration OF Justice
II is punishable by Imprisonment OF
not over twenty years IL committed
} on trial of felony and OF not over ter
in other cases. How many realize this
in taking oath" How often has the
punishment been inflicted? From 1906
TO 1906 in this country only fifty con
} victions we're obtained out of l73 cas-
es. Men who handle dynamite every
day become utterly reckless in it.
use"
TOOTH OF SIX-DAY