The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1933-01-24
Mw m M wm Dramatic Incidents in the Struggle
WMI - Against Russian TSdrisnt.
3 OLSHEVIKS
O ~ L K IAL
USES OF LAWYERS
. BY I. TCHERNoMORDIK

USES OF LAWYERS
Only o few words remain to be
said about the role of counsel at
the trials of Bolsehviks.
Some may ask; if the Bolsehviks
did not defend" themselves in
court why was it necessary to en-
gage counsel? Was that not incon-
sistent?
1t was very useful, however, to
have counsel at political trials. In
the first place, through him the
revolutionary prisoner, who was cut
off for a long time from society,
was able to establish contact with
the outside world and with the
representatives of his party. The
lawyers sympathetic to the revolu-
tionary movement did not refuse to
act in this capacity. This contact
was made easier by the fact that
the lawyer was able TO visit the
prisoner alone in his cell both be-
fore as we'll as during the trial. A
person sitting in solitary confine-
ment knows the Importance of con-
nectionS with the outside world, it
keeps up the spirit of the comrade
who is torn away from the active
revolutionary ranks, it often en-
ableS him to continue to work for
the movement by correspondence
and literary activity. Connection
with the outside" world was often
essential for the revolutionary pris-
oner in preparing his escape from
prison.
Secondly, it was important that
the Tevolutionist on trial whose
punishment the government was
preparing behind closed doors,
should have in the court room a
man who had the right TO inter-
fere in the case, to speak and COM
pei the court to adhere TO the rules
of court procedure formulated by
the government itself, but which
where Systematically violated by the
agents of the court when revolu-
tionistS were involved. Very often
these rules of procedure, With
which usually the revolutionist was
not familiar, made it easier for him
to expose the crimes of Tsarism
and put the position of his Party,
TASK OF LAWYERS
Finally, in view of the absence Of
public control at the trial, since
political cases were tried behind
closed doors, counsel for the de-
Tense acted, as it were, as the rep
resentative of the public, who in
formed the latter about everything
that took place at the trial. The
government did not succeed in
keeping the secrets Of the court
torture chamber and all the Cir
cumstances and details of the case.
Through the lawyer, they became
public property.
However, while inviting the SER
vices of the lawyer the BolsheYik
restricted his sphere of activity.
The lawyer had to concern him
self only with the juridicial as
poets of the case. He was not to en-
gage in the political defense of the
accused or to analyze the view
points of the Bolshevik Party for
the purpose Of shielding his client
and mitigating the penalty. His
task was more modest. During the
trial he had 10 weaken the evil
dence juridicially refute the evi-
dence of the police officials and
spies and show up the flimsiness of
the charges. In his speech for the
defense he had to make an estima-
ton of the case from the legal point
of view, to compromise it juridi-
cially. Of course he had to bring
forward all the juridical arguments
at his command in order to try to
secure an acquittal, or at least a
light sentence for his client.
Regarding the political aspects of
the case he was permitted by his
client to sketch in his speech the
political conditions of the country,
against the background of which
the case may have arisen, but I'M
der no circumstances to touch upon
the viewpoint of the Bolshevik Par
ty. The Bolshevik could not trust