Short stories, American; United States -- Social life and customs -- Fiction
It would be very agreeable to the writer to be allowed to communicate
some of the hits and repartees which were tossed about the table, and
which are omitted because unnecessary to the question in hand. There
was, however, one other subject discussed which awakened a lively
interest and is appropriate to the sequence.
Mr. Malcolm started the inquiry whether it was consistent with the
highest virtue and religion for a lawyer to accept a retainer and to
act as counsel for a man accused of crime, when he knew or had
reasonable cause to believe his client guilty of the offence charged.
The lawyers, one and all, responded in the affirmative. Mr. Malcolm,
as if in doubt, contented himself with inquiries. The Right Reverend
and the Rabbin were decidedly opposed to the opinion of the bar. The
subject was well discussed, and the lawyers carried all before them.
All had given up the contest except the doctor, when Mr. Burchard
inquired of him if he believed in capital punishment, and, receiving
an affirmative nod, he proceeded: "You are aware that our laws require
of every practitioner before he becomes a member of the legal
profession that he shall take an oath that he will be faithful to his
client?"
"Yes."
"And that our statutes provide that the court shall assign counsel to
a criminal when he has not made that provision for himself?"
"Yes."
"And that the state at its own expense compels the attendance of the
witnesses for the accused; and you approve these laws?"
"Yes."
"And once more, would you prefer that the court should hang a man
accused of murder under a plea of guilty, or that the extreme penalty
of the law should be enforced after a full hearing, and proof to the
satisfaction of the jury beyond a reasonable doubt?"
After a moment's reflection the doctor replied that he should prefer
that the death penalty should be carried into effect _only_ after a
verdict of guilty and upon the fullest investigation, for, said he,
"it may be that the accused has a very imperfect knowledge as to what
constitutes the offence charged; or he may be mistaken as to his
duties and obligations; or, indeed, he may be laboring under a morbid
condition of mind, so as to desire that his life may be legally taken,
and I think I have known at least one such."
Public-domain text, read in full here on John Shaqi.
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