d twist the law--making it assume shapes never
designed by its original makers. He gives his opinion as to the law,
as he gave an opinion as to the fact. This is not necessarily his
personal and actual, but only his official and assumed opinion--what
he wishes the Jury to think is law in this particular case.

2. _The Testimony of the Defendant's Attorney._ The accused is his
client. He is to do all he can to represent the law as favorable as
possible to the man on trial. He gives an opinion of the law, not his
personal and actual, but his official and assumed opinion--what he
wishes the Jury to think is law in this particular case.

3. _The Testimony of the Judge on the Bench._ But in the English
courts, and the Federal courts of the United States, he is commonly no
more than a government attorney in disguise; I speak only of the
general rule, not the exceptions to it. He has received his office as
the reward for party services--was made a judge because he was
one-sided as a lawyer. In all criminal cases he is expected to twist
the law to the advantage of the hand that feeds him. Especially is
this so in all Political trials--that is, prosecutions for opposition
to the party which the judge represents. The judge may be impartial,
or partial, just or unjust, ignorant or learned. He gives an opinion
of the law,--not his personal and actual, but his official and assumed
opinion--what he wishes the jury to think is law in this particular
case. For the court also is a stage, and the judges, as well as the
attorneys, may be players,

"And one man in his time play many parts."

Of these three classes of witnesses, no one gives evidence under
special oath to tell the law, the whole law, and nothing but the
law--or if it be so understood, then all these men are sometimes most
grossly and notoriously perjured; but each allows himself large
latitude in declaring the law. The examples I have already cited, show
that the judge often takes quite as wide a range as the
attorney-general, or the prisoner's counsel.

As the jury hears the manifold evidence as to the facts, and then
makes up its mind thereon and decides the Question of Fact, often
rejecting the opinion of various witnesses, as ignorant, partial,
prejudiced, or plainly false and forsworn; so will the jury hear the
manifold and often discrepant evidence as to the law, and then make up
their mind thereon and decide the Question of Law, often rejecting the
opinion