Year: 1871

THE LICENSE or COUNSEL.


Judge Bedford yesterday sentenced William
McNevins to be hung on the same day hXed
for the execution of Foster. Aside from any
question of the Justice of the verdict rem
dered or the policy of the punishment to be
inflicted, this sentence, like that Of Foster,
will be accepted by the people with some
thing akin TO grim satisfaction. Tney are not
blood-thrsty, but they demand assurances like
this of the determination of officials promptly
and strictly to enforce the laws They were
adopted less for the punishment of the guilty
than the protection of the innocent. and un-
fortunately at present crime is so rampant
that it requires frequent warnings.


Public sentiment expressed through the
Press has undoubtedly had much to do with
bringing about this sudden reform i'll Judicial
administration and the Press, if faithful to Its
duty in this regard, will see that the Bench
does not relax its stern impartiality, nor again
permit the criminals which it is called upon
to try, to he surrounded with all the safe
guards of political influence and legal CHI
caneIy.


And this brings us to remark tat public SEN
timent Indignantly condemns also the corrupt
practices which the Bar has of late irequentlyre-
sorted to in the interest OF criminals. We nave
had within few weeks several fragrant illustra-
tons of attempts to thwart justice by legal
ouibbles of the most contemplate character.
This case of McNevins itself furnishes one
which the Bar should hasten to condemn and
the Bencn TO reject. Sentence was no sooner
pronounced, yesterday, than McNcvins's coun-
scl-whose name we do not know, and to
whom we therefore refer without personal
preiudce-secured stay of proceedings
in another court, on the ground, as
we understand, that the Indictment was
irregular because of the omission Of the
word "dayn after the date of the killing. We
are aware that there are plenty of preccdents
for the counsel's action, that there will be
numberless legal gentlemen to defend it on
the score of the lawyers duty to his client;
nevertheless it is contemplate technical
quibblo which we trust some day to see the
Bench and the Bar reject as emphatically as
public sentiment and common sense already
condemn it. The omission of the word may
invalidate the indictment and delay pun
ishment; but it cannot alter facts,
destroy evidence, or affect the justice OF the
decision. Tie action of this counsel, i'll spite
of precedent and practice, and legal hair
splitting, is as unjuStifiable and as unworthy
as the weak attempt of Fosters counsel TO
create sympathy for him by blacllcning the
character of the murdered man ana the lady
who accompanied him the fatal night.
Such practices, to our mind, are not one
whit less infamous than the doctrine enumerated
during the Mcfarland trial, that a counsel is
| justified i'll the interests of murderer i'll i'm
pugnng the character of witness whom un-
professionally, he declares msulIied and above
reproach. There are characterless wretches
in the profession who will insist on the pro-
priety of these practiceS-Messrs. DOdsOn ~
Fogg attorneys for plaintiff in Bardell agt.
Pickwick, for instance, would loudly proclaim
their support of such practices; but there IS
approaching we trust, an era in the history of
the Bar in NewYork when those who thus
profess will not be authorities and WELD in
fluence in all our courts of justice.


The right to browbeat and abuse witnesses
with the purpose of distorting their testimony;
to bewilder iuries with absurd technical
rulings, and to delay and sometimes finally to
cheat iustice through pleas of informally and
by legal fictions, are among the licenses of
counsel which we hope in the true interests of
law and the pure administration of justice, to
see abolished This can be done i'll time, but
only through the persistent efforts of the
Press and of the honest, conscientious men,
bers of the Bench and Bar proud of their pro-
fession, emulOus of its elevation and jealous
of its purity and honor. We at least shall not
cease to strive for such reform.