Lawyers -- Fiction; New York (N.Y.) -- Fiction; United States -- Social conditions -- 1865-1918 -- Fiction
Worse miscarriages of justice were, of course, common, even in
Leighton’s office, and sentences were often out of all proportion to the
crimes that incurred them. The editor of a radical paper in Paterson
was given an indeterminate term in prison of not less than one year and
not more than fifteen years for criticising the Paterson police. The
larger the scope of a swindler’s transactions, the better his chances of
immunity. One minor case long remained in Luke’s memory. A clerk in a
trust company disappeared with $25,000, and a fugitive bill of
indictment was returned against him; the runaway opened negotiations
with his former employers by means of advertisements in the Paris
newspapers and then used his wife as an intermediary until the trust
company promised to have the District-Attorney submit the indictment for
a verdict of not guilty if the clerk would return with the $15,000 still
in his hands; the careful fugitive hid $7,500 in Germany, and returned
with the rest; he refused to tell the hiding-place until he was safe;
the company found the District-Attorney willing to follow its
suggestion; the verdict of Not Guilty was accordingly recorded, and the
clerk, free from further harm, made over to the company the remaining
$7,500 that he had left in Europe as an anchor to windward.
There was probably no more laxity among lawyers than among men of other
professions, but to Luke’s mind it seemed imperative that traders in
justice should be especially just. He came across countless cases of
pettifogging among shyster practitioners, and nearly as many suspicious
actions in the ranks of their cleverer and, therefore, more successful
and eminent brethren.
Ever seeking remedies, he once drew up a list of such as he found. He
wanted more publicity and freedom of criticism; measures to curb the
bench’s power to declare laws unconstitutional, to force it to give
fuller reasons in support of its decisions; he wanted devices to end
"the law’s delays," simplified procedure and judges who were closer to
the people and farther from the corporations; he thought the courts of
appeal ought to be forced to decide every question in every case
appealed to them; and he advocated but one appeal in civil actions
together with the right of recall both in regard to judges and to their
decisions.
Public-domain text, read in full here on John Shaqi.
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