It was a point of professional pride with a lawyer to get his client
free. Indeed, to fail would be equivalent to losing a very easy game.
The whole battery of technical delays, demurrers, etc., was at his
command; a much larger battery than even the absurd criminal courts of
our present day can muster. Delays to allow the dispersal of witnesses
were easily arranged for, as were changes of venue to courts either
prejudiced in favour of the strict interpretation of "law" or frankly
venal. Of shadier expedients, such as packing juries, there seemed no
end.
Your honourable, high-minded lawyers--which meant the well-dressed and
prosperous--had nothing to do with such dirty work; that is, directly.
There were plenty of lawyers not so honourable and high minded called
in as "counsel." These little lawyers, shoulder strikers, bribe givers
and takers, were held in good-humoured contempt by the legal stars--who
employed them! Actual dishonesty was diluted through a number of men.
Packing a jury was a fine art. Initially was needed connivance at the
sheriff's office. Hence lawyers, as a class, were in politics. Neither
the stellar lawyer nor the sheriff knew any of the details of the
transaction. A sum of money went to the former's "counsel" as expenses,
and emerged, considerably diminished, in the sheriff's office as
"perquisites." It had gone from the counsel to somebody like Mex Ryan,
from him to various plug-uglies, ward heelers, shoulder strikers, from
them to one or another of the professional jurymen, and then on the
upward curve through the sheriff's underlings who made out the jury
lists to Webb himself. The thing was done.
In this tortuous way many influences were needed. The most honest
lawyer's limit as to the queer things he would do depended on his
individual conscience. It is extraordinary what long training and the
moral support of a whole profession will do toward educating a
conscience. Do not despise unduly the lawyers of that day. We have all
of us good friends in the legal profession who will defend in court a
criminal they know to be guilty as charged. They will urge that no man
should go undefended; and will argue themselves into a belief that in
such a case "defence" means not merely fair play, but a desperate
effort to get him off anyhow--trained conscience. If such sophistries
are sincerely believed by honest men nowadays, it cannot be wondered at
that queerer sophistries passed current in a community not five years
old. It was difficult to draw the line between the men who mistakenly
believed themselves honest and those who knew themselves dishonest.
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