Graham's Magazine, Vol. XL, No. 3, March 1852Various
Science
Graham's Magazine, Vol. XL, No. 3, March 1852
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
Just observe how this affair is managed. If a father should give aid and
comfort to a child, after she had been guilty of murder; if a husband
should open his doors to a wife, or a daughter to her father, at dead of
night; or furnish a horse, or money, or a mouthful of bread, or a cup of
cold water, or the means of escape to a beloved brother, hunted for his
life, with the avenger of blood at his heels, time was, when they were
all accessories after the fact, and were treated as murderers or
principals, whatever might be the offense, and put to death accordingly;
and even yet, although that most barbarous law has undergone a few
changes, so that in some portions of our country, they who stand in the
relation of husband and wife, or parent and child, may help one another
when fleeing for their lives; yet no other man, woman, or child can do
it, in the whole community, but at the risk of death or imprisonment for
life—_except he be a lawyer_, and the prisoner’s counsel. And then he
may, and he not only may, but he is expected and required to do so: in
other words, to aid and comfort, counsel and help the prisoner, heedless
of all consequences, here and hereafter. And for this, he may receive
the very gold which has been wrenched from the grasp of the murdered
man; or the bank bills that are glued together by his heart’s blood; and
nobody shall dare to question his integrity, or to have any secret
misgivings about his honesty or conscientiousness—if it can be helped.
Let me not be misunderstood. I do not deny that the worst of criminals
are to be tried fairly. I acknowledge, moreover, that they cannot be
tried fairly with men of the law against them, unless they have lawyers
to help them: and that it is as much a part of the law that they shall
be tried in a certain way, and proved guilty in a certain way, for the
satisfaction of the world, as that they shall be punished at all; and
that, if it were enough to be satisfied of another’s guilt as a
murderer, to justify us in putting him to death, without going through
the regular forms of law, then might we run him up at the next yard-arm,
or tree branch, or lamp-post; on happening to see the bloody act
perpetrated with our own eyes.
Public-domain text, read in full here on John Shaqi.
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