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
That our leading Advocates will not relish this doctrine, I know. In
theory, they may approve—but in practice, when they and their interest,
and their professional pride are once engaged, they will never yield.
Always taking it for granted that their client tells the truth—in
proportion to the fee; and always determined to prevail, if they can,
right or wrong, their reformation will depend, not upon themselves, but
upon others—upon the People at large; for whenever the People say that
a professional acquaintance with law shall be a disqualification for the
business of law-making, and no great recommendation for office, then
will the lawyers of our country begin to mind their own business, and
cease to be mere politicians, clamoring, open-mouthed, for office all
their lives long.
And here, lest I may forget them in the proper place, allow me to
illustrate the disposition of the People to see fair play, by two or
three—Joe Millers, which I never lose an opportunity of telling under
this head. They show that my brethren of the bar sometimes get their
“come ups” where they least expect it—and very much to the satisfaction
of the multitude.
It is told of Jere. Mason, and of some forty others at home and abroad,
that on being assigned for counsel to a sad wretch whose case he found
to be hopeless, he went to his cell, and after hearing his story, became
satisfied that the poor fellow would swing for it, if tried; and so,
seeing a sort of window open, high up and far above the prisoner’s reach
if unhelped, he suggested to him that there was a beautiful prospect to
be seen from that window—perhaps “the high-road to England,” which the
amiable Dr. Johnson said was the finest prospect a Scotchman ever
sees—and then, seeing the prisoner’s eyes begin to sparkle, he offered
himself as a sort of ladder or look out, and standing with his back to
the wall, and letting the man climb over him, he never looked up till it
was too late, and the man had disappeared—whereupon he returned to the
court-room, and on being questioned, acknowledged that he had given the
fellow the best advice he could—which advice must be a secret from
everybody, since it was the privilege, not of the counsel, but of the
client.
All this, you see, was according to law, if not in fact, at least in
principle. A Lawyer might do this—and escape scot-free, as if it were
only a good joke: while a brother of the prisoner, or a father, might
have been sent to the scaffold.
Public-domain text, read in full here on John Shaqi.
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