ty in the advocate, is a
proper end for a good man who is a lawyer; a purpose on which he may
well and worthily employ his efforts and influence."[19]
Nothing need be added to enforce what has been so well said. The remark,
however, may be permitted, that the expression of private opinion as to
the merits of a controversy often puts the counsel at fearful odds. A
young man, unknown to the court or the jury, is trying his first case
against a veteran of standing and character: what will the asseveration
of the former weigh against that of the latter? In proportion, then, to
the age, experience, maturity of judgment, and professional character of
the man, who falsely endeavors to impress the court and jury with the
opinion of his confidence in the justice of his case, in that proportion
is there danger that injury will be done and wrong inflicted--in that
proportion is there moral delinquency in him who resorts to it.
Much interest was excited some years ago in England, by the
circumstances attending the defence of Courvoisier, indicted for the
murder of Lord William Russell. The crime was one of great atrocity. It
came out after his conviction, that during the trial he had confessed
his guilt to his counsel, of whom the eminent barrister Charles
Phillips, Esq., was one. Mr. Phillips was accused of having endeavored,
notwithstanding this confession, to fasten suspicion on the other
servants in the house, to induce the belief that the police had
conspired with them to manufacture evidence against the prisoner, and to
impress the jury with his own personal belief in the innocence of his
client. How far these accusations were just in point of fact was the
subject of lively discussion in the newspapers and periodicals of the
time.[20]
The language of counsel, on such occasions, during the excitement of the
trial, in the fervor of an address to the jury, is not to be calmly and
nicely scanned in the printed report. The testimony of such a witness as
Baron Parke, at the time and on the spot,--he, too, aware of the exact
position of Mr. Phillips--and that confirmed by Chief Justice Tindal,
is conclusive. To charge him with _acting falsehood_, that is, with
presenting the case as it appeared upon the testimony, earnestly and
confidently, means that he did not do that, which would have been worse
than retiring from his post.
The non-professional, as well as professional public in England,
however, agreed in saying that he
|