Short stories, American; United States -- Social life and customs -- Fiction
"Then," said Mr. Burchard, "have you not admitted so much as to make
untenable your position, namely, that you approve the law which
requires an attorney to be faithful to his client, the law which
assigns counsel to the accused, the law which compels the attendance
of the witnesses for the criminal at the expense of the state, and
provides that the accused shall be executed _only_ after the fullest
investigation? What is the object of these enactments? Undoubtedly the
interest of the state and not primarily of the criminal. The state in
its wisdom requires for its own safety, and lest it should commit the
crime and the blunder of hanging an innocent man, that the whole truth
should be known. How greatly would the government and jurisprudence
suffer if a guiltless man should be executed? When, therefore, a
lawyer assumes the defence of a known murderer he is complying with
the commands of the statutes and is serving the best interests of the
government when he compels the prosecuting officer to the proof of the
offence; and not only so, he is serving justice itself and not the
criminal only. Even the judges have no authority to punish, except
these provisions of law are complied with and the offence be proved.
Who has not heard of the indictment of the two Bournes in Vermont, and
of their having pleaded guilty to the crime of murder, for which they
were on the eve of being executed, when the supposed murdered man put
in his appearance? How much better would justice have appeared had
the defence been conducted by a tenacious, faithful, and conscientious
lawyer instead of being conducted in such a bungling manner that the
bones of a horse did duty for the bones of the supposed murdered man!
That case has done better duty as a bugbear for a century than any
other legal decision."
Mr. Burchard became quite warm, and made the assertion that he would
never take a retainer, and afterwards, no matter what knowledge he
should subsequently acquire, desert a client; and he doubted if a
conscientious lawyer had a moral right to refuse to defend a brother
mortal accused of crime. "For the refusal," said he, "proceeds upon
the ground taken by the doctor, which substantially is that no defence
ought to be made, but that sentence should be passed upon a real
criminal whether the crime can be proved or not. And I am at a loss to
discover how my friend the doctor can approve of the requirements of
the statutes which have been referred to, and yet assert that honest,
conscientious lawyers alone cannot comply with them."
Mr. Burchard, feeling that he had been somewhat more enthusiastic than
the occasion demanded, changed the subject in this wise:
Public-domain text, read in full here on John Shaqi.
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