FREE BOOKS

Author's List




PREV.   NEXT  
|<   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132  
133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   >>   >|  
d twist the law--making it assume shapes never designed by its original makers. He gives his opinion as to the law, as he gave an opinion as to the fact. This is not necessarily his personal and actual, but only his official and assumed opinion--what he wishes the Jury to think is law in this particular case. 2. _The Testimony of the Defendant's Attorney._ The accused is his client. He is to do all he can to represent the law as favorable as possible to the man on trial. He gives an opinion of the law, not his personal and actual, but his official and assumed opinion--what he wishes the Jury to think is law in this particular case. 3. _The Testimony of the Judge on the Bench._ But in the English courts, and the Federal courts of the United States, he is commonly no more than a government attorney in disguise; I speak only of the general rule, not the exceptions to it. He has received his office as the reward for party services--was made a judge because he was one-sided as a lawyer. In all criminal cases he is expected to twist the law to the advantage of the hand that feeds him. Especially is this so in all Political trials--that is, prosecutions for opposition to the party which the judge represents. The judge may be impartial, or partial, just or unjust, ignorant or learned. He gives an opinion of the law,--not his personal and actual, but his official and assumed opinion--what he wishes the jury to think is law in this particular case. For the court also is a stage, and the judges, as well as the attorneys, may be players, "And one man in his time play many parts." Of these three classes of witnesses, no one gives evidence under special oath to tell the law, the whole law, and nothing but the law--or if it be so understood, then all these men are sometimes most grossly and notoriously perjured; but each allows himself large latitude in declaring the law. The examples I have already cited, show that the judge often takes quite as wide a range as the attorney-general, or the prisoner's counsel. As the jury hears the manifold evidence as to the facts, and then makes up its mind thereon and decides the Question of Fact, often rejecting the opinion of various witnesses, as ignorant, partial, prejudiced, or plainly false and forsworn; so will the jury hear the manifold and often discrepant evidence as to the law, and then make up their mind thereon and decide the Question of Law, often rejecting the opinion
PREV.   NEXT  
|<   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132  
133   134   135   136   137   138   139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   >>   >|  



Top keywords:
opinion
 

wishes

 

assumed

 

evidence

 

official

 
actual
 
personal
 

manifold

 
courts
 

attorney


general

 

ignorant

 
witnesses
 

Question

 
partial
 

rejecting

 
Testimony
 
thereon
 

attorneys

 

understood


special

 

classes

 

players

 

prisoner

 

prejudiced

 

decides

 

plainly

 

decide

 

discrepant

 

forsworn


counsel

 
judges
 

latitude

 

declaring

 

notoriously

 
perjured
 

examples

 
grossly
 

favorable

 
represent

commonly
 

States

 
United
 
English
 

Federal

 

client

 
accused
 

designed

 
shapes
 

assume