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I like the rough English common-sense of this; but the Irishman in the dock had an inspired vision of the same truth when, in answer to the Clerk of the Crown, who called upon him with the familiar interrogatory, “Guilty or Not Guilty?” he replied with a winning smile, “And how can I tell till I hear the evidence?”
When Lord Brougham, at a dinner to M. Berryer, claimed in his speech that the advocate should reckon everything as subordinate to the interests of his client, Lord Chief Justice Cockburn, “feeling that our guest might leave us with a false impression of our ideals,” set forth his views of an advocate’s duty, concluding with these memorable words: “The arms which an advocate wields he ought to use as a warrior, not as an assassin. He ought to uphold the interests of his client per fas, and not per nefas. He ought to know how to reconcile the interests of his clients with the eternal interests of truth and justice.”
The best advocates of all generations have been devotees of honesty. Abraham Lincoln founded his fame and success in the profession on what some called his “perverse honesty.” On his first appearance in the Supreme Court of Illinois he addressed the court as follows: “This is the first case I have ever had in this court, and I have therefore examined it with great care. As the court will perceive by looking at the abstract of the record, the only question in the case is one of authority. I have not been able to find any authority to sustain my side of the case, but I have found several cases directly in point on the other side. I will now give these authorities to the court, and then submit the case.”