FREE BOOKS

Author's List




PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   >>   >|  
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
PREV.   NEXT  
|<   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61  
62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   >>   >|  



Top keywords:

Phillips

 

counsel

 
professional
 

proportion

 
character
 

belief

 

England

 

impress

 

opinion

 

testimony


retiring

 

client

 

innocence

 

prisoner

 

personal

 

accusations

 

subject

 

accused

 

evidence

 

manufacture


notwithstanding

 

suspicion

 

fasten

 

confession

 
agreed
 
public
 

servants

 

lively

 

conspired

 

police


induce

 

endeavored

 

newspapers

 

falsehood

 
presenting
 
appeared
 

report

 

witness

 

Justice

 
Tindal

conclusive
 

charge

 
acting
 
position
 
confirmed
 
printed
 

scanned

 

language

 

periodicals

 
occasions