them.
All had given up the contest except the doctor, when Mr. Burchard
inquired of him if he believed in capital punishment, and, receiving
an affirmative nod, he proceeded: "You are aware that our laws require
of every practitioner before he becomes a member of the legal
profession that he shall take an oath that he will be faithful to his
client?"

"Yes."

"And that our statutes provide that the court shall assign counsel to
a criminal when he has not made that provision for himself?"

"Yes."

"And that the state at its own expense compels the attendance of the
witnesses for the accused; and you approve these laws?"

"Yes."

"And once more, would you prefer that the court should hang a man
accused of murder under a plea of guilty, or that the extreme penalty
of the law should be enforced after a full hearing, and proof to the
satisfaction of the jury beyond a reasonable doubt?"

After a moment's reflection the doctor replied that he should prefer
that the death penalty should be carried into effect _only_ after a
verdict of guilty and upon the fullest investigation, for, said he,
"it may be that the accused has a very imperfect knowledge as to what
constitutes the offence charged; or he may be mistaken as to his
duties and obligations; or, indeed, he may be laboring under a morbid
condition of mind, so as to desire that his life may be legally taken,
and I think I have known at least one such."

"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
o