An Essay on Professional Ethics: Second EditionSharswood, George
Philosophy
An Essay on Professional Ethics: Second Edition
Sharswood, George
Legal ethics -- United States
[21] The civil law will not allow a man to be convicted on his bare
confession, not corroborated by evidence of his guilt; because there may
be circumstances which may induce an innocent man to accuse himself.
Bowyer's Commentaries, 355, note. Upon a simple and plain confession,
the court hath nothing to do but to award judgment; but it is usually
very backward in receiving and recording such confession out of
tenderness to the life of the subject; and will generally advise the
prisoner to retract it and plead to the indictment. 4 Blackst. Comm.
329. 2 Hale, P. C. 225.
[22] Per Story, J., in Williams _v._ Read, 3 Mason, 418.
[23] In enumerating the things to which every pleader of others' causes
ought to have a regard, the Mirror of Justices says, "That he put no
false dilatories into court, nor false witnesses, nor move or offer any
false corruptive deceits, leasings, or false lies, nor consent to any
such, but truly maintain his client's cause, so that it fail not by any
negligence or default in him, nor by any threatening, hurt, or villany,
disturb the judge, plaintiff, serjeant, or any other in court, whereby
he hinder the right or the hearing of the cause." Chap. 2, s. 5. This is
indeed in the very words of the serjeant's oath, and Lord Coke remarks
that it consists of four parts: "1. That he shall well and truly serve
the king's people, as one of the serjeants at law. 2. That he shall
truly counsel them that he shall be retained with, after his cunning. 3.
That he shall not defer, wait, or delay their causes willingly for
covetousness of money, or other thing that may tend to his profit. 4.
That he shall give due attendance accordingly." 2 Inst. 214.
[24] A pleader is suspendable when he is attainted to have received fees
of two adversaries, in one cause. Mirror of Justices, chap. 2, sect. 5.
[25] "It is impossible to state a case, in which a witness should be
treated roughly. If you attempt it, every one feels offended, in the
person of the witness. You make your work more difficult; the witness
shuts himself up, considers you as his enemy, and stands upon his
defence: whereas, an open countenance, and an easy insinuating address,
unlocks his breast, and disarms him of his caution, if he has any."
Deinology, 228. This admirable little work, which has been attributed to
the pen of Lord Erskine, cannot be too highly recommended to the student
of law. The postscript, which suggests considerations on the _viva voce_
examination of witnesses, is particularly worthy a very attentive
perusal.
[26] Preston on Estates, 2.
[27] Co. Litt. 71 _a._
[28] Ibid. 6 _a._
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