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Yet much was saved, after all, as we see. Some professional rule it can be understood why it was of the worst parts of the prepared matter came that Mr. Phillips continued the defence of his into play, for want of other and better resources; client after confession of his guilt; but minds not but the first dismay at the derangement could not professional may yet marvel that abhorrence of the have been lessened by the anticipation of that beg-perpetrator of such an enormity did not somewhat garly makeshift. Mr. Phillips had two things to cool the fervor of his zeal for his client, and abate do, to save the confessed murderer, and to save the earnestness upon which he is so complimented his own innocent speech, and his exertions in be- by the contributors to his pamphlet-testimonial. half of both were strenuous. The only answer is that all his sympathies and I was to speak on the next morning. But what all his faculties were bought and paid for; that he a night preceded it! Fevered and horror-stricken, was hired for the job of effecting a cut-throat's I could find no repose. If I slumbered for a mo-escape; and that he belonged for the nonce, morment, the murderer's form arose before me, scaring ally and intellectually, out and out, to the assassin. sleep away; now muttering his awful crime, and With exactly this defence our contemporary now shrieking to me to save his life. I did try the Standard has for a third time advanced to the to save it. rescue of Mr. Phillips. Twice it made the atAnd remarkable it is that most of the profes-tempt since our article of the 24th, and twice fled sional testimonials which Mr. Phillips now pub-ignominiously. But on Thursday night it again
lishes, anxious as the writers are to exculpate their took heart, fairly came up to the ditch in which its friend, dwell instinctively with special praise upon the extraordinary zeal with which he defended the murderer. Mr. Garde, who deposes on his faith and word as a Christian, describes it as "a most powerful and eloquent appeal to the heart and judgment;" and Mr. Espinasse characterizes it
as earnest and energetic, and addressed to the jury with that zeal and eloquence which your duty as an advocate required, but beyond which you did not go."
friend lay, and plunged in beside him. To compare the Standard's article to anything but Mr. Phillips' speech would be an injustice. It is a defence à la Courvoisier, and no other epithet would describe it. It is a series of gross untruths.
The Standard begins by saying that we meditate a retreat from the charges we have made. This is untruth the first-staring and unblushing. The Standard proceeds to say that we have been To many minds this unabated zeal and energy signally exposed in our unjust charges. This is must seem very wonderful, owing their existence untruth the second; and moreover a mere brazen to the poor pelf of the fee. To minds unprofes-imitation of Mr. Phillips himself, when he told sional, perhaps the handsomest testimonial which the readers of his pamphlet that we have been Mr. Phillips could have produced would have been" effectually crushed," "that he has a profound one setting forth that some cooling of his usual sense of the generous and noble" response made zeal and earnestness had been detected upon the to his appeal, and that his case has been accepted occasion in question; but Mr. Garde and Mr. as "that of every man in the community out of Espinasse regard as admirable the manifestations whose character any anonymous defamer may carve of zeal on behalf of an assassin, which a knowl- a dinner." Both Mr. Phillips and the Standard edge of his guilt had not diminished a jot. know perfectly well that the partial verdict obtained upon a series of Old Bailey evasions has since been reversed. They have read that honorable reversal in the Spectator of last week. It has been echoed from every able or influential quarter in the provincial press. It has stung them in the sharp comments of Punch. It has been conveyed
And what is the essential difference, in point of sentiment, between aiding and assisting by such means in the escape of an assassin from the hands of justice, and aiding and assisting in his escape before he falls into the hands of justice? In respect of feeling, how is the advocate who uses all his powers without scruple to procure the acquit- to them in the name of the respectable part of tal of a murderer, distinguishable from an accom-the profession, and through the mouths of honorplice after the fact? We know how Mr. Phillips able practitioners, by the Law Times. And they would act if a wretch accosted him with the red have winced under it in the calm and able reasonhand, saying, "I have just cut my sleeping mas-ing of the Morning Post. ter's throat, help me to escape from the pursuit of The Standard states that we originated, for perjustice, and here are five blood-stained guineas for sonal motives, what it calls the libel on Mr. Philthe service" and in point of sentiment, how is lips. This is its third untruth. It knows well the case altered when the escape desired is from that Mr. Phillips' speech had been the subject of the verdict of a jury, instead of the hands of the general remark during the week succeeding the police? No one would pass a night of horror be-trial, and before the Examiner's remarks were cause an assassin had implored him to save him published. It cannot wholly have forgotten the from the punishment due to his crime. Humanity surprise and indignation excited, or that this found would turn from the appeal to the thought of the expression in the highest as well as humblest murdered victim; sympathy would be with the places. Even the Bishop of London denounced sufferer, not with the cut-throat. But the fee and what Mr. Phillips had done as inconsistent with professional rule, in the judgment of Mr. Phillips Christian morality, and was answered, in his place and his friends, reverse all this. According to in the House of Lords, by Lord Brougham.
The Standard supports its imputation of a per-pamphlet of them,) "I saw her, pale, breathless, sonal motive, in our statements against Mr. Phil- and trembling in every fibre of her frame, though lips, by the assertion that we have shifted the I did not fail to mark, at the same time, her glance ground of our accusation. This is its fourth un- of conscious innocence and noble scorn, while the truth. We have sustained what is called our advocate was thundering forth denunciations against accusation in every respect. Inveterate habits of her." Of course Mr. Garde, Mr. Espinasse, and the Old Bailey cleave to Mr. Phillips, and in the the rest, saw nothing of this. They were busy statement of the charge in his letter ("The trial admiring the ingenuity of the rack, and had no terminated on Saturday. On Sunday I was shown leisure to notice the victim quivering beneath it. in a newspaper the passage imputed to me. IYet for even the well-practised nerves of Mr. took the paper to court on Monday," &c.) he Adolphus the torture by his fellow-practitioner very possibly intended a covert and false allusion was carried too far. He was an honorable and to the Examiner; but the Standard, when it re-kind-hearted, though an irritable, man; and his peated this sorry trick, had read the article which testimony in the case is not the less worth because exposed its falsehood, and knew that it was not he happened to hold the brief for the prosecution. till a week after the trial we adverted to the sub- His account of the trial was embodied in the terse ject in any way. remark, that the murder had been matter of inquiry against the prisoner, and of assertion against the witnesses.
The fifth untruth of the Standard is, that our "frightful charge" has dropped into a complaint;" but this notable averment must be set forth ipsissimis verbis, and with its own italics. For here, at last, we plainly see defendant and defender in the ditch together.
Driven from its first "fib," the Examiner resorted to another more venial ground of accusation, but one that is sufficiently absurd, namely, a complaint that in defending Courvoisier, Mr. Phillips labored to cast a suspicion upon the servants in Lord William Russell's house, and upon certain policemen. Now, if so instructed by his brief, Mr. Phillips was bound to take this line, and he might take it the more freely, because the injury to the parties transiently reflected on could be but temporary; a verdict of guilty against the prisoner, at once exonerating them, and even in case of an acquittal, when the life of his client should be no longer in jeopardy, a less high-minded and candid man than Mr. Phillips would be sure to do full justice to those whom, upon the authority of his brief, he for a moment misrepresented.
Such assertion, says the Standard at last, was perfectly right and allowable. Then why with such vehemence assail the Examiner? Our worst offence is to have branded Mr. Phillips ineffaceThe Standard, hopeless of clearing its client, ably, for having, without shame, resorted to it. covers itself with the same moral dirt, and protests it of excellent savor. Be it so-but there is still at issue the claim of a great profession to be esteemed honorable, as it is known to be intelligent and dignified; and it will behove its leading members, if they would not share the uncleanliness of Mr. Phillips and his friends, to disavow their doctrines and their practice.
To a man of ordinary and unprofessional common sense the rule of Lord Brougham, openly affirmed by the Standard to be the rule of every living "judge and lawyer," appears really much too absurd to be as wicked as it assumes to be. Mischief, as Mr. Jonathan Wild says, is a precious commodity to waste; and such a profligate waste as the blackening of a few innocent people for the clearance of every guilty one, would speedily put a purpose into the jury-box more than a match for the foulest tongue. But the artful introduction of distinguished names into Mr. Phillips' shabby evasion of the charge brought against him, has given a shock to the feeling of security on this head; and a suspicion is awakened which it will not be wise to disregard. It has never been doubted that the bar had its bravoes as well as its heroes, but never did the two classes run such danger of being confounded as at present. The proper administration of criminal justice concerns every individual nearly; and the public cannot safely be left with the impression, however erroneous or hastily formed, that a criminal in the dock may be defended by only less great a criminal out of it, and the presiding judge sit insensible to the new wrongs thus inflicted in addition to the old.
Mr. Phillips received his brief before the confession; and if, after the confession, he was bound to take the same line of defence for a guilty client which had been prescribed in behalf of a client supposed to be innocent, there is an end of the whole matter in dispute. We assert that the obligation is specifically the other way; and it is for the profession itself to give authority to that assertion, and to stigmatize as the Standard's worst untruth, the averment that the general body of that profession has any other "recognized rule." Our contemporary makes light of a few damaged reputations of the innocent in the scale against acquittal of the guilty. Forsooth it is "a quickly passing cloud over the character of two or three persons." Where character and conscience have been seared at the Old Bailey, it is very possible that such clouds pass lightly away; but there are exceptions, and Sarah Mancer was one. The cloud was heavy over her, and it passed so slowly that her life never more escaped from it. In our belief advocacy exists for nobler uses She died in a madhouse. "I saw this poor than this, and its generally beneficial exercise is woman," says a correspondent who was present secured by the high character of our judges; but during the trial, (for we, too, have had our writ-not the less, since certain questions have been ten testimonials, though we have not yet made a raised, is it fitting that they should be met explic
itly, and not be suffered to let drop till the answer | nicety in all fine qualities, as well as he is proved is fairly given.
to be in his choice of company.
There is, indeed, but one fault to be found in WARREN'S WHITING.
Mr. Warren's account of how he was moved to Time was when the name of Warren was in- put Mr. Phillips on his new trial, and that is a dissolubly associated with blacking. Every dead matter of fact. Mr. Warren says, “Some time wall presented in huge letters the counsel, “ Try ago I was dining with Lord Denman." The nonWarren.” The same name is now connected with chalance, the ease of the mention is graceful, but a very opposite business to that of blacking, and there is something not so pleasant in the “ the words “ Try Warren” will be understood as time ago”—why some time ago? why not as Ham recommending recourse to the ingenious reviver of let has it, rather, “his custom in the afternoon ?' the ancient experiment of washing the blackamoor He might almost as well or as ill have said, “ Once while. The association is no longer Warren and upon a time I was dining with Lord Denman." jet black, or japan, but Warren and snow white, What we wish to impress is, that as this dinner Warren and Phillips. The blacking-man is ut- with Lord Denman was so pregnant with conseterly eclipsed. His name is gone, merged forever quences to the honor of the bar, such dinners in that of the professor of the whitewashing line ought to be of more frequency to enable Mr. Warof business, whose work, the very antithesis to ren to make the right profit of them. Mr. Philthat of his celebrated predecessor, is utterly boot-lips talks of carving a dinner out of a character, less.
but his friend Mr. Warren has performed the opTry Warren, say we, with all our hearts. Try posite operation of carving a character out of Warren, M. Cabel, on the Red River ; try War- dinner ; but this can only be done out of such dinren, M. Louis Blanc ; try Warren, Mr. Feargus ners as chief justices, chancellors, and the like, O'Connor ; try Warren, Mr. George Hudson ; try give to deserving lawyers. As they say in the Warren, Mr. Joseph Ady. Let no one in the dirt East, may they never be less ! despair. See what the artist has done for Mr. The end of all this is that Mr. C. Phillips has Courvoisier Phillips, who has been nine long years published, in the shape of a pamphlet, an account in the mire, and who is now, according his own of the process by which he has been washed white account, made clean, and not only content but as wool, in his own view, through the agency of self glorious. What disinfecting or deodorizing Mr. Warren, under that lucky dinner of Lord Denfluids are to be compared with Warren's match- man. It is not for us in this place to sit in judgless specific ? Upon this matter we must needs ment whether Mr. Phillips has or has not reason take Mr. Phillips' own evidence. If he is satis- for his entire content and measureless satisfaction. fied with Warren's treatment, and its results, who We shall not inquire here whether there has not else has reason to complain? Certainly we have been some mangling as well as washing, nor scrunot. We feel to Warren as Boniface did to the tinize the complexion with which the article comes gentleman who presented his wife with a dozen of from the scrubber's hands. The blackamoor in the usquehaugh, of which the good woman in due fable, under the hands of the first Warren, did course died,“ but,” says mine host, “ I thank the complain before he died of the kindness; Mr. gentleman for what he did all the same.” Phillips does not complain, but we are not to place
Foreigners observe that nothing is done in Eng- him in the class described by Junius as infamous land without a dinner, and in the history of the and contented. When the Duke of A. and the late expurgation of Mr. Courvoisier Phillips we Marquis of B. write letters testifying to the cure have a remarkable exemplification of this truth. of their corns, it is not our habit to dispute their All comes of Mr. Warren's having dined with testimony or controvert their pretensions 10 pedal Lord Denman. If Mr. Warren had not dined ease. Mr. Phillips advertises himself as cured with Lord Denman, he would not have had the by Warren of a bad repute of nine years' standopportunity of mentioning to Lord Denman the ing. As the sick Frenchman said to a friend, report to the discredit of Mr. Phillips, and he complimenting him on his healthy appearance, would not have heard from Lord Denman that the “ Mais, vous n'êtes pas difficile, mon ami.” But charge was unfounded, as he, Lord Denman, had that is not our affair in this place, where we take spoken on the subject to Mr. Baron Parke, &c., the counsellor at his own showing. &c., &c.
Fault has been found with his not sooner So that Warren’s whiting all comes out of this attempting his vindication ; but to this in candor dinner, and the moral is that great men should it must be observed that the period is precisely ask Mr. Warren to dine with them, that out of that which according to critical rule is held his dining with them good may come, for so it is requisite for the gestation of the greatest work of that out of evil cometh good. We say, there invention ; and besides, as Mr. Phillips ingenfore, to chief justices and such like, try Warren, uously explains, the calumny has harassed his as well as to Louis Blancs and Hudsons. They friends far more than himself, which was a reason will not throw their bread vainly on the waters; for not minding it; for surely a gentleman may it will come back to them after many days, and command philosophy enough to bear the vexation they will see the dinner handsomely proclaimed to of his friends for nine years, provided the annoythe whole world, and the host duly commended for ance to himself is comparatively small. Why at
last Mr. Phillips consented to put his friends out This doubtless is referable to modesty, Mr. of their pain does not after all very clearly appear, Phillips shrinking from displaying how comthe malignant libels having been circulated against pletely the highest duties of an advocate as him only by an obscure journalist, and Mr. Phil-defined were discharged by him in the case of lips, as he explains in his preface, having the fear Courvoisier," to the suffering, the torment, the that he has set a bad precedent to the bar in destruction" of the innocent. As we learn from replying to calumnies inflicted upon them in so eminent an authority what are the advocate's respect of their public professional conduct.highest duties, it would be extremely desirable to But this bad precedent he has set through the persevering solicitude of friendship-the friendship which, so long as it was harassed more than he was by the attacks, he stoically left to its sympathetic pains for nine long years.
The pamphlet before us is composed of the Warren intervention induced by the Denman dinner some time ago, the epistle of Mr. Phillips to the Times, and an appendix of testimonials to the completeness of the cure of reputation, such as we are in the habit of seeing quoted in proof of the marvels of Holloway's Ointment, or the virtues of Rowland's Macassar Oil. Few corn doctors can produce more worshipful names in certification of what they have done. Nay, the great Hudson testimonial itself is rivalled. It is a pity, however, that Mr. Phillips was not able to number amongst them some opinions from unprofessional minds, as the question is not simply whether his conduct accorded with professional ideas of an advocate's license, but further,
have also a view of the lowest, in order to take the altitude of the professional morality. What must be the depths when such are the heights! A gibbet should serve as the standard of measurement. Its proud summit must be level with the heights defended.
We are sorry that Mr. Phillips has vowed to make no rejoinder to any reply to his letters-not but that we commend the prudence of his resolution, proceeding on the discreet maxim in such cases, "The least said the soonest mended," but as it deprives us of certain explanations or interpretations we require at his hands. The truth is, that we are not very well skilled in the Irish tongue in which Mr. Phillips writes, and we have endeavored in vain to construe the very third sentence in his preface. We quote it with the context, in the hope that some friend may be able to explain to us what the writer means to say.
Nothing but the persevering solicitude of friendship could have induced me to set, as I fear I have done, a bad precedent to the bar in replying to calumnies inflicted upon them in respect of their public professional conduct. It seems to me intolerable that the sanction of an honorable profession must be required to recognize the existence of such a right as is contended for.
To put this into intelligible sense will be no bad Christmas puzzle.
if so, whether professional ideas of an advocate's license accord with morality. It is very possible that Mr. Garde, Mr. Mahon, Mr. Espinasse, Mr. Mellor, Mr. Fortescue, Mr. Clarkson, and Mr. Flower, would do all that Mr. Phillips did to procure a murderer's acquittal; that they would endeavor to shift the suspicion of the guilt on the innocent, and protest that none but the Almighty God knew who had perpetrated the murder, with the knowledge in their own minds of the falsehood of the profane asseveration. That they would do what they approve is to be inferred, and the conduct they approve is to be seen in the Mr. Phillips gives this account of a conversareport of the Times, admitted to be faithful by tion that passed upon his putting the question to Mr. Phillips. But this does not advance the set-the judges who presided at the trial, whether he tlement of the real question a jot, whether such had appealed to Heaven as to his client's innopractice is accordant with morality.
Mr. Phillips takes as motto to his pamphlet Lord Brougham's statement of the duties of an advocate, but strangely omits the part which makes it so applicable to his own conduct. quotes it thus:
An advocate, by the sacred duty which he owes his client, knows in the discharge of that office but one person in the world, that client and none other. To save that client by all expedient means-to protect that client at all hazards and cost to all others, and among others to himself-is the highest and most unquestioned of his duties.-Lord Brougham.
-leaving out the very conditions of professional conduct he himself so signally illustrated," he must not regard the alarm, the suffering, the torment, the destruction, which he may bring upon any other."
And there is another matter that perplexes us much. It is a small point to be sure, but in looking at evidence small points are often of much significance.
"You certainly did not, Phillips," was the reply of the late lamented lord chief justice," and I will be your vouchee whenever you choose to call me. "And I," said Mr. Baron Parke, happily still spared to us," had a reason which the lord chief justice did not know for watching you narrowly, and he will remember my saying to him, when you sat down, Brother Tindal, did you observe how carefully Phillips abstained from giving any persona! opinion in the case?' To this the learned chief justice instantly assented." This is my answer to the second charge.
Of course Mr. Phillips speaks by the card in his recollection of so remarkable a conversation; but how strange it is that Mr. Baron Parke should have addressed a chief justice as Brother Tindal. What can account for this most unusual deviation from etiquette? It is as if the colonel of a regi
ment addressed Field Marshal the Duke of Wellington as comrade, or the captain of a ship accosted the adiniral of the fleet as mate. Does Baron Parke remember his strange familiarity to the chief justice and if he does not remember that, does he remember the rest that is put into his mouth by the same accurate, faithful, and impartial reporter?
We should, we repeat, have been glad of an explanation of these little points from Mr. Phillips himself, but we cannot gainsay the prudence of his silence, though our curiosity is balked by it,
Turpiter obticuit, sublato jure nocendi.
Perhaps nine years hence he may resume his vindication; but alas, the paper of the Times is of tough and durable fabric, and will survive that date, and that is the file which the viper bites against worse than in vain.
[The Examiner reprints a host of notices-we copy two.]
From the Spectator, 1 Dec.
and justice often do. The principle of the canon cited above holds equally good in civil as in criminal courts; it enables the counsel to do his duty by a client without disgracing his own honor and dignity by subserving falsehood-or rather it would enable him, if the canon really regulated the practice of the courts.
From Punch, 8 Dec.
Mr. Phillips is one in authority. We are sorry for it. He-the defender of the confessed Courvoisier and the justifier of a wrongful defence-sits in judgment upon the imprudent and the unfortunate. A word of his falls crushingly upon the improvident and the helpless. Such is his power. We say, we are sorry for it. For public opinion -assuming for a brief space the bench of justice, and addressing the commissioner in his own daily phrase, says
"Charles Phillips, after a careful reading of your petition, it does not appear that you have any standing in court. Charles Phillips, your petition
From Burritt's Citizen.
THE PENNY POST OF ENGLAND.
THE penny post not only serves to develop and expand the social affections of families and friends, but it is an educational agency, of inestimable value to all enterprises of associated benevolence, Christian philanthropy, and domestic commerce. If it unite individuals and communities in social intercourse, that union is strength as well as enjoyment, or ability to concentrate their activities and sympathies upon any great object, worthy of the
The judge decided that Mr. Phillips was bound to continue the defence after he had heard the confession of the prisoner; the Examiner convicts him of endeavoring, after he had heard that defence, to suggest a suspicion of guilt against others that he knew to be innocent. The practical question then is, how a counsel can comply with his duty to set forth the case on one side, and yet not commit an outrage on truth and justice? The appropriate canon, in our view of the subject, has been laid down, and has recently been expounded by the Ex-adhesion of the public mind. Is it some vast aminer. The counsel is bound, not to establish the innocence of his client, but to see that the trial is conducted according to law-that his client is not convicted through some violation of the law. In the case of Courvoisier, for instance, it was the part of the counsel to show in what the evidence failed; but not to suggest, to originate and create, suspicions against an innocent person. The rule for a barrister in such a position would seem to be, to conceive his arguments as if they were addressed to the judge rather than to the jury.
scheme of Christian benevolence that appeals to these sympathies and activities?-the penny post threads the kingdom, from centre to circumference, with netted veins of living thought, through which the silent suffrages of a million minds circulate to and from the heart of the enterprise, or the central committee of a religious or philanthropic society. Is money, as well as sympathy, wanted to scatter the choicest leaves of the gospel of salvation among the heathen of pagan lands; to break the bonds of the African slave abroad; to elevate the depressed masses at home; to bring up, from the dark lanes and by-ways of vice and misery, the
Here, then, rises a second question-that of manner. In the case now discussed, much of the of fence against propriety belonged to the manner-fallen inebriate; to teach the doctrines of peace the style of rhetoric-what the Examiner calls the and brotherhood to all nations of men; to take the acting" of the advocate. The suggestio falsi was fiery element of revenge from human law, and seat enforced by an appeal to the Supreme Being-the Justice upon a diviner throne than the hangman's Almighty was called on by name to back the counsel scaffold; to transform the penitentiary into an adin bearing false witness against his neighbor; but ministration of mercy, and to restore the criminal this is the" eloquence" of the criminal bar-a thing to society a better man than it lost by his fall; to which barristers applaud and attorneys pay. Hence send bread to the starving peasants in Ireland, we say that there is no real wish, in those most inter- clothes half-worn, and books almost as good as ested, to reform these abuses; barristers do not care new, to the needy emigrants bound to Australia or to have their "honorable profession" cleared of New Zealand; to found some new institution of the charge that it will support falsehood as readily charity for a class overlooked in preceding years as truth, and desecrate the most exalted subjects by of benevolence; to try an experiment of good-will using them in the service of any client who has upon the feeble, fragmentary intellects of idiots, or duly retained his wigged and gowned servant. of the law of kindness upon the madness of maniacs, Nec Deus intersit," says the critical poet; but or of science touched with compassionate sensibilithe attempt to get off a known murderer is thought ties upon hopeless diseases; to buy brown bread, worthy occasion for dragging in the Deity as the soup, brogans and clogs, and turn stables into reci. champion of the guilty. Mr. Charles Phillips used tation rooms for Ragged Schools-the penny post to be praised for eloquence, even more than Mr. swarms with light-winged appeals, fleet as bees in Charles Wilkins is now; and it is the profession summer, which, like them, gather the honey of that upholds such eloquence. Nor say that it is human sympathy from every heart that opens to only "Old Bailey" rhetoric; for if life and death the silent necessities of humanity; like bees singdo not hang upon similar arts in civil courts, truth [ing their pathetic importunities, not in flower-cups