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
But how should we know even in such a case, that “the man was not beside
himself;” or that the homicide was not justifiable, or at least
excusable? He may have acknowledged his guilt. And what if he has? He
may have been mistaken; for such things have happened, and murders which
never took place—though intended—have been acknowledged, and the
missing parties have re-appeared after a long while, and explained the
mystery. Or he may have been deranged; or being accused, and as it were
enmeshed by a web of circumstances, he may have been led away like the
son, who charged himself and his aged father, in Vermont, with the
murder of a poor helpless creature, who was afterward found alive, by
the instinct of self-preservation; hoping to lengthen, if not to save
his life, at least until his innocence might be made to appear; and
believing his father guilty.
To prove all these things there must be a trial, and a public trial;
otherwise, whatever may be the result, he will not be _proved_ guilty,
according to the law and the evidence; nor could he be justly condemned;
and there would be no safety for others.
No matter how clear his guilt may be; nor how bad his character may be;
the greater his guilt in the judgment of those who decide against him
before trial, and without evidence upon oath, or sifting, or
cross-examination—the more precious to him and to all, is the privilege
of being put to death according to law. The fewer his rights, the more
sacred they are. The more decided and overwhelming the evidence against
him, the more necessary it is to wall him round about, as with a sword
that turneth every way, against the influence of public opinion. It was
in this way that the elder Adams reasoned, when he undertook the defense
of the British officer, charged with the murder of Boston citizens, at
the outbreak of the revolutionary war—and triumphed.
And how shall this be done without the help of a Lawyer? Law, living a
science, complicated, and full of mystery and fear, how is the poor
criminal to prepare himself? How is he to defend his few remaining
rights? And how is he to bear up against the ponderous and crushing
weight of public opinion? He cannot. The thing is impossible. He must
have help; and that help must be a lawyer; and that lawyer must be not
only faithful to him, but unable to take advantage of, or to betray him,
if he would; otherwise the culprit will never trust him, and his life
will be at the mercy of the prosecutor, generally chosen for his
knowledge of the law, and for his adroitness in making “the worse appear
the better reason.”
Well, then, a lawyer must be allowed to the greatest criminal—and the
greater criminal he is, the more lawyers he ought to be allowed—if able
to pay for them! or if the court, in consideration of his deplorable and
hopeless guilt, or the atrocious character of the charge against him, be
willing to assign them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account