Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-12-24

The lawyers for the Allen outlaws In
Virginia are still fighting desperately
to save their clients. An effort now Is
to be made to secure new trial for
Floyd and Claude on the grounds of
after discovered evidence. This will of
ther the sentence of death. Following
the refusal Of the state courts to grant
the new trial asked, the case will prob
ably go to the United States supreme
court which would result in stay Of
at least year longer. All of this Is
possible because of the fact that the
Aliens have the money.
This suggests the possibility that
sometimes the members Of the bar go
too far In their efforts to protect guilty
clients In this connection 1t Is inter-
esting to note that the criminal court
Of appeals of Oklahoma has, in deci-
sion recently filed, taken cognizance of
this fact. In this decision an under
tone of impatience as well as a note of
warning, directed at the lawyers, Is
found.
The Oklahoma court In passing upon
q question presented by counsel for de-
fendant upon appeal from a conviction
was awarded, said: without disre-
spect to counsel for appellant, there is
absolutely nothing in their contention.
1t simply shows to what desperate ex-
tremities lawyers are sometimes reduc-
ed in attempting to save and protect
guilty men. 1t also shows how neces-
sary 1t is for courts to go to the bot
tom Of all questions presented. If law
yers would seriously consider the
questions they present and examine
the authorities upon which they
rely and would brief them carefully
before their cases are submitted, they
would relieve this court Of vast
amount of unnecessary labor and great
ly aid the court in disposing Of the
business before 1t. We do not object to
doing the work, and always take great
pleasure In the investigation of any
legal question submitted to us for de-
cision; but owing to the crowded con-
dition Of our docket and the further
fact that we are already worked to the
limit Of human endurance in deciding
questions properly briefed, we feel
that justice to the state requires that
our time should not be taken up in in
vestigating questions which have not
been properly briefed."
If a lawyer believes his client inno-
cent 1t is impossible to fight too long
or too strenuously to save him. But
when he knows he Is guilty he should
content himself with having made an
honestly effort before jury to secure
a light sentence for him.-Greenville
Piedmont.
There Is little to be added to that and
about the only comment we care to Of
fer is that 1t furnishes a very clear ex-
position of the difference between the
professional view and the lay view. The
office of attorney had its origin in the
idea Of allowing a litigant the most
expert and learned assistance in the
presentation Of the justice of his plea.
In the early days of legal practice in
Virginia and other states, public opin-
ion he'd 1t a crime for an attorney to
procure the release of a guilty client
and during two or three generations,
there was the strongest sentiment
against allowing attorneys to appear
before courts at all. This sentiment
was based mainly on the idea that at
torneys were able to say and do things
that would be impracticable and i'm
possible for the client, even If he knew
how. because of the shifting of respon-
sibility. And it is also possible that
some of the objection arose out Of
foresight Of present conditions. Popu-
lar sentiment still holds to the idea as
expressed in the observation of the
Piedmont, that the lawyer is warranted
in going any length to secure the ac-
quittal of a client he knows to be inno-
cent, while he is not warranted in CIV
ing further assistance for a guilty cli-
ent; but that doctrine is not nearly so
strong in the profession as 1t is among
the laity. There is no getting around
the fact that defeat of law and justice
by lawyers is as subversive of order as
the same offence by the laity, and 1t is
quite probable that If the legal profess
sion, as a whole, was more loyal to the
integrity of the law in letter and spirit,
the confidence respect, and even vener-
alton Of the laity would be strengthen
ed in proportion.