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DEFENDING A GUILTY CLIENT. Lawyer Face? Delicate Situation When He Knowe Accused Com* minted Crime. (Kansas City Star.) if a lawyer knows that his client is guilty of murder ought he to de fend him in court, and if so to what extent should he go in his defense? Many lawyers take the position that if the client pays a satisfactory fee for his defense it ls t'he duty of the lawyer to do everything possible to circumvent I <;e law and to obtain his acquittal, even to -the extent of Tobbing a safe. Others believe that a lawyer should not by a hair's breadth do anything to save the guilty from the consequences of crime or wrong do ing. Othors, again, believe that a law yer ls justified in undertaking the oefense of a person he knows is guil ty, but that in such a case the law yer does his whole duty if he sees that the forms prescribed by law are adhered to and the trial conducted according to the rules and practices of the court. Those hold to the opinion that a lawyer is not called upon to bully witnesses, deceive juries, play the mountebank or appeal with high sounding lieriods to the lowest mo tives of mankind to save any person who is obviously guilty. It has become recognized as part of the public prosecutor's duty first to satisfy himself of the defendant's guilt before he indicts. He must shield the innocent as well as pun ish the guilty. Has tho lawyer for the defense no like dutjy to the State? When the lawyer becomes the 'advocate for a guilty man does he lose his Individ ual moral responsibility for judg ment in the case as a man. The American Bar Association, in 1?I07, appointed a special commit tee, composed of the greatest law yers and juriots in America to draw up a code of ethics for the guidance of lawyers and in the code that was adopted were the following para graphs; "A lawyer may undertake with propriety the defense of a person ac cused of crime, although he knows or believes him guilty; and having undertaken lt, he ls bound by all fair and honorable means to present such defense as tho law of the land permits, to the end that no person may be deprived of life or liberty but by due process of law. "But the office of attorney does not permit, much less does it de mand, for any client violation of the law, or any manner or fraud of chi canery. No lawyer la Justified in substituting another's conscience for his own. A lawyer should not do for bis client what his sense of honor would forbid him to do for himself. He may counsel and maintain only such actions and proceedings as ap pear to him just." Col. L. ll. Walker, of this city, who practiced law on the same cir cuit in Illinois as Abraham Lincoln, tells the following story, which illus trated Lincoln's attitude on this mooted question of a lawyer's duty to a client he believes to be guilty: An atrocious murder had been committed, and a man. a stranger In the community, was arrested for the crime. The circumstances all point ed to the guilt of the man, and pub lic feeling was strong against him. He was without money or friends, and when the case was called for trial the judge appointed Lincoln to defend him. On the trial Lincoln drew from the witness full state ments of all circumstances. No ef fort was made to conceal one bit of evidence or to confuse the court or the Jury. At the close of the case Lincoln arose and reviewed the case and ended with this remark to the jury: '"I have reflected much on this ase, and, while it seems probable toat this man is guilty, I am not sure. Are you?" '.^he Jury acquitted th? man, and afttrward the real criminal was ar rested, convicted and confessed his guilt. In that case Lincoln acted in strict accord with the code of ethics later laid down by the American associa tion. So did the lawyers who were ap pointed by the court to defend the assassin of President McKinley. They went into court in a dignified way and produced every witness the as sassin desired and drew out all the facts of the homicide and stated the case to the Jury with fairness. They saw that no undue advantage was taken of the accused, but they cid ndt * try to put a straw Jn the way of the accomplishment of justice. In Kansas City in recent years there was a caso of two persons charged with murder, (both of them guilty beyc id the shadow of doubt) in which the lawyers adhered closely to this high plane of legal ethics pre scribed by tho American Bar Asso ciation That was tlffe case of Prank Hottman and Mrs. Agnes Myers, who together murdered Clarence Myers, husband of Agnes. Hottman con fessed to all the details ?f the crime immediately after his arrest, before he had retained a lawyer. Later Fred C. Urfer was retained by Hott man's relatives to defend him. When his case came to trial, Urfer simply saw that everything was done ac cording to law and that no unfair advantage was taken of his client, and at the close of the State's case he introduced no evidence, but made a plea to the Jury for mercy, basing it upon the theory that Hottman was a young man, that the Myers woman was much older and more experi enced than he, and that she had a great influence over him and that therefore he was entitled to some degree of pity. The Jury found him guilty of murder in the first degree and he was sentenced to be hanged. Joseph Brooks defended Mrs. My ers, and bis every act in her trial was dignified and in accord with the high est code of professional ethics, and yet he did everything that he could honorably do in her defense. He ob tained a chango of venue, his exami nation of witnesses penetrated every avenue that might lead to doubt of her guilt, and after her conviction he appealed her case to the Supreme Court, and railing there he went to the Governor and obtained a com mutation of her death sentence to Imprisonment for life, on the ground that lt would be inhuman to hang a woman. Urfer aided justice by producing his client Hottman as a witness against Mrs. Myers, and after her sentence had been commuted he per suade'', the Governor to do the same for his client. Here was a case in which two lawyers did all possible for their clients, and yet they did ft without resorting to quibble or chicanery. In marked contrast to the con duct of those cases was the defense of John Henry Collins, who murder ed his father in Topeka. There was no doubt of his guilt, either, but. in his defense witnesses were put upon the stand before the close of the case and stated under oath that they had been induced to swear falsely. In spite of all the quibbling and the efforts to defeat Justice in his case the Jury convicted him, but his de fense was long a subject of adverse comment by high-minded lawyers. In marked contrast to the conduct of the Myers and Hottman case is that more recent case of Rico rd, the young man who lured the Chamber lain girl to a lonely spot near Shady Bend, Kan., and tarred her. The lawyer defending the guilty men in that affair quibbled and dodged and threw dust in an effort to blind jus tice. Benjamine Butler, once Governor of Massachusetts, set an example to lawyers that followed after him that has been condemned by lawyers of high Ideals and Imitated by the other class. He took the position that a lawyer had a right to take the case of any person, no matter how guilty, and to do everything possible within the law to clear him. At one time he was retained for a large fee to defend a burglar named Record, -who 'had been guilty of a series of amazingly daring burglar ies, and, who after escaping arrest for a long time, was captured in thc very act of taking a key out of a door. The key had been left In thc keyhole by the house owner during the daytime, and the evident inten tion of the burglar was to carry away the key and return at night whik the household was asleep and entei by the means of the same key. The only charge that could be pul against him was one of larceny of th< key as he had not entered the dwell lng. In his defense Butler pleadec that a key was part of a door, a dooi wa? part of a house, a house wa! real estate, auld therefore no convie tion was possible because larceny covered only the stealing of persona property, and the key was certainl: real estate. The prisoner was dis charged under this plea. Another timo Butler was retainet to defend one Hey ward, a noted bur glar, who was seen by a constabh forcibly to enter a railroad depot The constable followed to arrest him and the burglar seeing no means o escape, deliberately shot and kille( tho constable. Butler discoveret that almost the only kind c' bu ?Min; not. covered by statute making bur glary entries felony wa? a railwa] depot, therefore he pleaded In de fense of the r.iurderer that In enter lng thc depot he had not committee an offense for which he might hav< been arrested without a wan ant and that, as the constable had n< warrant for his arrest, he had TH right to make the arrest, and that ii resisting him Heywa^d was not re slating legal arrest, but had a rlgh In law to shoot in his own defense This plea saved the accused. It ls this sort of sharp practice moro prevalent to-day than in th< time of Butler, that has brought dis repute to the legal profession as i class. Frederick Trevor Hill salt recently: "The lawyers are very much ii need to eee themselves as the public sees them, as legal Jugglers, defeat ers of the law and mockers of its majesty. " There has been a great deal of vir tuous denunciation by the legal pro fession recently in Kansas City of the legal "snitch" or "ambulance chaser." The snitch is an adjunct to the business of th/ lawyer who makes a practice or taking personal injury suits against co rpo rations. But many corporation lawyers are equally unethical in their practice as the snitch. He is -trained in hts side of the law until he knows every decision pertaining to his business. He goes into the trial with but one definite purpose, to trick the court into some error which will upset the verdict on appeal. Equipped as he is, he generally succeeds In luring the judge Into some technical mis take in passing hurriedly on the mul titude of objections, requests, mo tions and exceptions which he makes, and if the verdict is against him he can sit back and laugh in his sleeve as it IB rendered, knowing that it will be reversed in the appellate court. It ls Interesting to observe one of these professional "exceptloners" at work during a trial of a murder case or damage suit against a large cor poration. Tho professional "exceptloner" en gaged in tobe case for no other reason except his nose for errors and his deftness in luring the court Into technical mistakes sits beneath the shadow of the judge's bench and ap parently sleeps. Birt he never Bleeps. He sits with closed eyes, but he is listening, listening with every sense alert. Suddenly he pops up with an exception, and when ho has made it. he drops down again and sinks into apparent somnolence. He objects to everytliing. Half the time of the court is taken up in noting his exceptions. And he often defeats the verdict of the jury after weeks and even months of costly litigation, lt was so in the last trial of Dr. Hyde. Justice David Drewer used to tell a story of ono of these "exceptlon ers." During the trial of an import ant case the question was asked of a witness: "And what did Mary say?" Tho head of the "exceptloner" shot up above the judge's bench with the exclamation: "We except, your honor." A long argument followed as to whether it would be right In law for the witness to answer the question and tell what Mary said. The court ruled that the question was Improper and an exception was saved. After the verdict was rendered the other side appealed and the Supreme Court reversed the case and remanded lt for new trial, with the Instructions to the court to permit the witness to tell what. Mary said. On the second trial the same question was 'assed, and tho witness answered: "Mary didn't say nothln'." Justice Brewer used to say that a lawyer was a disgrace to the profes sion who did ali things for the sake of an acquittal, who went Into court for his client and delayed the trial by strategy until public feeling had died down, or witnesses had disap peared or their memories became un certain, who strove to get a friendly jury on tho panel, or who sought to get Into the record some techlncal error to reverse the case, or who did anything to weary Justice and ena ble the guilty to escape. That, he said, was not the province of a law yer. On the other hand, Jeremiah Ev arts, one of the groatest lawyers thie country ever had, was greatly dis turbed when he was considering en tering the profession of law, whethet ho could honestly engage In a pursuit in which half the timo he would bc struggling to maintain Justice. H< finally came to this decision: Thal any cause that was flt for any cou ri to hear was flt for any lawyer to pre sent on either side, and that nelthei the judge nor counsel had the rlglv to prejudice the case until both sidei had been heard. Opposed to this opinion was tha of Beverly Johnson, a leader of th< American Bar, who discovering in tin midst of a trial that the man he wa! defending was guilty, when he ha< assured him he was innocent, aros? and 'Walked out of the court and re fused to touch the case again. And there was the action of Henr; Clay Dean, a famous Missouri law yer of the early days, who was calle? on by a man accused of a crime am who asked Dean to defend him. "But did you do this thing?" Deai asked him. The man said he was guilty. "Then," said Dean, "I shall not dc fend you. You ought to be shot ou of a red-hot cannon through a barbe wire fence straight into hell " Along this same line was the ac tlon of C. O. Tlchenor, one of th deans of the legal profession in Kan sae City. A man went to him one and stated that he had contracted t sell a certain piece of real estate fo a certain price, but now ho could se it to another person for a much lat ger price If he could only break th contract of sale he had made. H asked Tlchenor if he could brea that contract. "I have no doubt it might b done," answered Tlchenor. "Will you do it for me?" atfke the man. "Well," said Tlchenor, in his p< culiar drawling method of speaklnj "1 could do it, but to tell you th truth 1 would not dare to touch it. "Why not?" "Well, there's an old fellow In th! town who watches everything I d< He Just keeps on my trail all th time, and If I should do a dlshonort ble thing like that the old felhv wouldn't give me any rest at al He'd just keep Jabbing and Jabbin me until I couldn't even sleep. "Who is that old fellow?" aske the man. "C. O. Tlchenor ls his name," ar swered Tlchenor. A lawyer who ls now defending person accused of a serious crlm ?aid of hto action In that case: "Lawyers are ex-officle mern bei of the court, and they have no rlgr in law to refuse to defend a perso accused of crime when directed b the court to represent him. In sue cases a lawyer often defends a cliei WHAT IF 1 SHOULD DIE TO-NIQHT? Harry lt. Hughs. What if I should dio io-night?-Well, if 1 should die, What part of the world, if any, would sigh? A few dear hearts would grieve for a while, But Time and the World would teach them to smile, And when my form shall Intangible be My face will fade from their memory: - So what if I should die to-night? Well, let me die. What if I should die to-night?-Well, if 1 should die, Can any reveal what Yonder doth lie? Is it waking, or sleeping, or do we e'en be In the great Unknown of Eternity? Millions have gone there, and never a sigh Have any returned from there, and neither shall I: - So what if I should die to-night? Well, let me die. What if I should die to-night?-Well, if 1 should die, Should 1 be quaking that Death ls so nigh? What boote it me that a few days more May be spent ere I leave for that Unknown Shore? Death leads-I must follow, be lt soon or late; It profits me nothing to cry against Fate: - So If 1 MiUST die to-night, Then, let me die! THIRD VICTIM OF PELLAGRA. Mother and lier Two Children in One Family Dead. (Anderson Mail, AUK. 29.) Gertrude Gordon, aged eight years, daughter of W. A. Gordon, who lives on G street, Anderson Mills village, died Thursday afternoon of pellagra, the third victim of the diesase in the family since June 10th, Custer, a son, aged ll years, having died on that date, and the mother on Mon day afternoon of this week. Ano ther of the four surviving children of Mr. Gordon has had the disease, but is now getting along very weh and lt is thought will recover. The child who died Thursday was the first to contract the disease, but until a short time ago had been do ing very well. The little boy (Cus ter) had one of the most typical cases that has been seen here. When the mother died Monday af ternoon no funeral service was held at the home on account of the criti cal condition of the little girl. With the death of little Gertrude Gordon, following so closely on the deaths of her little brother and mo ther, there aTe now left but the fa ther and four little children. The funeral of the little girl was held at the home at 10 o'clock this morning, followed by interine: ? at Silver Brook cemetery. Beware of Oin tinenta for Catarrh that Contain Mercury, as mercury will surely destroy the sense of smell nnd completely de range the whole system when enter ing it through the mucous surfaces. Such articles should never be used except on prescriptions from reputa- I hie physicians, as the damage they I will do is ten-told to the good you can possibly derive from them. Hall's Catarrh Cure, manufactured by F. J. Cheney & Co., Toledo, Ohio, contains no mercury, and is taken internally, acting directly upon the blood and mucous surfaces of the system. In buying Hail's Catarrh Cure be sure you get the genuine. It is taken in ternally and made in Toledo, Ohio, by F. J. Cheney & Co. Testimonials free. Sold by druggists. Price 75c. per bottle. Take Hall's family Pills for consti pation. adv. Give a loafer his choice of diver sions and he will take out a permit to watch buoy men at their work. for whom he has no sympathy. In the same way it is the duty of a law yer to take the defense of a client who i?iy? him a fee for lt, no matter if he does 'know that the accused is guilty, even of murder. The princi ple at atake is the uniform and or derly administration of justice, which ls far more important than the con viction of any particular person or the punishment of any particular of fense. Tho law presumes every person ac cused of crime to be innocent until he is proved guilty, and it is as much the duty of a lawyer to defend to the utmost of his ability a person he knows lo be guilty as one he knows to be innocent. If any other course were followed it would result in great injustice. Look, for instance, at the case of Mrs. Maybrick, who waa con victed of the murder of her husband in England. The verdict of the jury In the case, although lt decided 'her. fate, merely recorded the opinions of the twelve men who rendered lt and did not decide tho question of her guilt or innocence, because 'that crime ls as much of a mystery now as lt was when done, and the British government Itself admitted that there was doubt when it paroled Mrs. May brick a few years ago after she had served 'many years In prison. "Look at the Beecher-Tilton con troversy, too. Tho long trial In that case did not locate the full truth to tho satisfaction of the public. And the Jury that convicted tho assassin >f Garfield and declared that he was jane did not tell the truth. Every >ne knows now that 'he was Insane. "And so I say that for tho sake of the general principio Involved a law ler should give every effort in the lefenso of an accused person, whe ther he knows or not that be ls ?ullty." HUSBAND DIOAD; WI FF, ACCl S10D Now Orleans Man's Throat Cut and Woman Slashc<l. New York, Aug. 27.-Joseph Sharp, who had been employed ns a steward in a restaurant here pending the settlement of the estate left by his parents in New Orleans, was found dead with his throat cut last night. Although Mrs. Sharp insisted that her husband had killed himself after slashing her with a razo;', the wo man was placed under arrest charg ed with murder. Mrs. Sharp was badly injured. The couple had quarreled, declar ed the wife, and in- a flt. of temper Sharp attacked her as she lay in bed. She telephoned for aid before collapsing from weakness duo to loss of blood. The charge against the woman, the police said, was prompt ed by contradictory stories she told and by her statement that Sharp af ter he cut his throat, exclaimed: "Well, I did lt." This, a physician who examined the body for the authorities declar ed, was an impossibility, as death from the throat gash had been prac tically instantaneous. Oreen Will Fly nt Chattanooga, Chattanooga, Aug. 23.-The chair man of the Grand Army entertain ment committee has closed a contract with Johnny Green, famous birdman and waterfowl, to make three flights in Chattanooga during the G. A. It. reunion, to be held in Chattanooga September 15-20. Green's Flying Machine. Green is the man who made the record flight over Lookout Mountain during the U. C. V. reunion last May. He was the first man to attempt that dangerous flight, refused by so many other prominent aviators. A feature of his exhibition next month will be a flight in his new machine, equipped with hydroplanes, up tho Tennessee river. This will be the first hydro plane flight ever made by any South ern aviator. Visitors to the G. A. R. reunion will do well not to miss these flights by the famous aviator, free to all, and iihould look out for the dollar bills, which he will drop among the crowds below as he goes hurtling through the air. Climbs Pole to Keach Heaven. Chambersburg, Pa., Aug. 22.-His mind affected by the Intense heat of yesterday, Mack Shearer, .' 0 year* old, was found this morning sitting on the big gilt ball on the top of the 45-foot flagpole In front of the Friendship engine house. He was praying at tho top of his voice. Per sons aroused from their sleep hur ried from their homes scantily clad. In spite of their coaxing Shearor would not descend. Asked where he was from hd answered: "From hell." "Where are you going?" "To heaven." It was learned that the man had wandered about town all of last night. When he was finally persuad ed to descend he was put in the car of a physician. To Prevent Blood Poisoning inply ?t once the wonderful o!.l reliable DR. PORTER'S ANTI8RW1C HEALING OIL. ? tur gical dreitins; that reltarea pain and heul? at I the same time. Not a liniment. 25c. 50c,. fl 00. j CHARIA>TTK MOB LYNCH NEGRO Drags Unfortunate from Hospital. Official H on Alert. Charlotte, Aug. 26.-Joe McNee ley, the negro, who Bhot Policeman L. L. Wilson, of the Charlotte force, last Friday and who was himself badly injured, was taken from a local hospital, where he was under guard of policemen, nnd shot earljr this morning. The negro died at po lice headquarters shortly after S o'clock tins morning. City officials to-day nspfl every ef fort to uncloak the Identity of mom b' t of the mob. At a special ses sion the board of aldermen offered a reward of $1,000 each for apprehen sion of men who comprised the mob. A coroner's Jury rendered a verdict that the negro "came to his death by pistol shot wounds In the hands of a mob unknown to the jury." Judge Shaw, In Superior Court, from the bench to-day delivered a charge to tho grand Jury Instructing them lo make a searching investiga tion. Tho salo of firearms and ammuni tion to-day was prohibited. Talk waB heard of attempts at re taliation by negroes, but lt ls be lieved the police department has the situation well In band. A number of special officers arco? duty. The crime for which McNec ley forfeited his life was thc shoot ing of Policeman Wilson on the streets here Friday. McNooley was shooting his pistol in tho street. When Cte olflcer appeared ho shot him. Wilson In turn shot the negro. Wilson still is in a precarious condi tion, but it is believed he will re cover. .MISS WILSON 18 INJURED. Daughter of President, Out Hiding, is Rendered Unconscious. Plainfield, N. H., Aug. 28.-Miss Jessie Wilson, daughter of President Wilson, while riding near here late yesterday, was thrown from her horse and lay unconscious for more than half an hour on tho roadside. She was found there hy Dr. Chat,. W. Worthen, of White River Junct.'on, who applied- remedies and restoied her to consciousness. Later Milli Wilson was taken to a homo nearbj and the ComlBh home of President Wilson was notified by telephone. Her injuries are not believed to be serious. ?Miss Wilson's fiance, Francis B. Sayre, with whom she had started for a ride, had gone ahead ot her and knew nothing of the accident until the riderless horse dashed past him. Helped Hold Up and Rob Train. Birmingham, Ala., Aug. 28.-Har ry Raines, with several aliases, al leged to be a safe-blower, arrested hjre during the week, has confessed that he is one of the men who held up and robbed tho mall car on the north-bound Louisville and Nashville railroad, between Catera and Birm ingham, on tho night of August tfth. Raines was held for the grand Jury this afternoon. He ls said to have admitted that he got $100 as his share of the robbery. The arrest was made by two deputy sheriffs. A reward of $1,000 will be paid to the officers. Former Consul Caugbey Dead. Richmond, Va., Aug. 27.-Chas. M. Caughey, former United States consul to Messina and Milan, Italy, died here to-day after protracted Ill ness. Mr. Caughey was first ap pointed by President Cleveland. Since that time he had served under succeeding administrations. His connection with tho consular service covered a period of twenty-five years. (Mr. Caughey was stricken here several months ago, and since the first attack had been unable to leave his bed. He was a newspaper man in Baltimore for many years. CJovernor's Next Meeting. Colorado Springs, Aug. 28.-Mad ison, Wis., was selected as the con vention city for tho next conference of Governors of the States at their session late Wednesday night. The entire executive staff, consisting of Governors McGovern, of Wisconsin; O'Neal, of Alabama, and Ammons, of Colorado, was re-elected. Family Pride. (Fliegende Blaetter.) Prisoner (to Jailer): "Put me In Cell 38." "What for?" "It's the one father used to have." The coal bill for one of the largest Atlantic liners for one trip was $25, 000, or more than $15 each pass enger. they are. A laugh does more good than a The play that is tried on the dog isn't always a howling auoeess.