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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 dn, to save the confessed murderer, and to save the carnestness upon which he is so complimented his own innocent speech, and his exertions in be- hy 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, 10 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 friend lay, and plunged in beside him. To comthe extraordinary zeal with which he defended the pare the Standard's article to anything but Mr. murderer. Mr. Garde, who deposes on his faith Phillips' speech would be an injustice. It is a and word as a Christian, describes it as a most defence à la Courvoisier, and no other epithet powerful and eloquent appeal to the heart and would describe it. It is a series of gross unjudgment;" and Mr. Espinasse characterizes it truths.
as earnest and energetic, and addressed to the The Standard begins by saying that we medijury with that zeal and eloquence which your duty tate a retreat from the charges we have made. as an advocate required, but beyond which you did This is untruth the first-slaring and unblushing. not go."
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
And what is the essential difference, in point upon a series of Old Bailey evasions has since of sentiment, between aiding and assisting by such been reversed. They have read that honorable means in the escape of an assassin from the hands reversal in the Speclator of last week. It has of justice, and aiding and assisting in his escape been echoed from every able or influential quarter before he falls into the hands of justice? In re- in the provincial press. It has stung them in the spect of feeling, how is the advocate who uses all sharp comments of Punch. It has been conveyed 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 masing 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 wero 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 iroputed to me. I'Yet for even the well-practised nerves of Mr. look 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 testiinony 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 inThe fifth untruth of the Standard is, that our quiry against the prisoner, and of assertion against
frightful charge” has dropped into a com- the witnesses. plaint ;'! but this notable averment must be set Such assertion, says the Standard at last, was forth ipsissimis verbis, and with its own italics. perfectly right and allowable. Then why with For here, at last, we plainly see defendant and such vehemence assail the Examiner ? Our worst defender in the ditch together.
offence is to have branded Mr. Phillips ineffaceDriven from its first “fib,” the Examiner re- The Standard, hopeless of clearing its client,
ably, for having, without shame, resorted to it. sorted to another more venial ground of accusation, but one that is sufficiently absurd, namely,
covers itself with the same moral dirt, and proa complaint that in defending Courvoisier, Mr. rests it of excellent savor. Be it so--but there is Phillips labored to cast a suspicion upon the ser- still at issue the claim of a great profession to be vants in Lord William Russell's house, and upon esteemed honorable, as it is known to be intellicertain policemen. Now, if so instructed by his gent and dignified; and it will behove its leadbrief, Mr. Phillips was bound to take this line, and he ing members, if they would not share the unmight take it the more freely, because the injury to cleanliness of Mr. Phillips and his friends, to disthe parties transiently reflected on could be but temporary; a verdict of guilty against the prisoner, at avow their doctrines and their practice. once exonerating them, and even in case of an
To a man of ordinary and unprofessional comacquittal, when the life of his client should be no mon sense the rule of Lord Brougham, openly longer in jeopardy, a less high-minded and candid affirmed by the Standard to be the rule of every man than Mr. Phillips would be sure to do full living “judge and lawyer," appears really much justice to those whom, upon the authority of his too absurd to be as wicked as it assumes to be. brief, he for a moment misrepresented.
Mischief, as Mr. Jonathan Wild says, is a precious Mr. Phillips received his brief before the con- commodity to waste ; and such a profligate waste fession; and if, after the confession, he was bound as the blackening of a few innocent people for the to take the same line of defence for a guilty client clearance of every guilty one, would speedily put which had been prescribed in behalf of a client a purpose into the jury-box more than a match for supposed to be innocent, there is an end of the the foulest tongue. But the artful introduction of whole matter in dispute. We assert that the distinguished names into Mr. Phillips' shabby evaobligation is specifically the other way; and it is sion of the charge brought against him, has given for the profession itself to give authority to that a shock to the feeling of security on this head ; assertion, and to stigmatize as the Standard's worst and a suspicion is awakened which it will not be untruth, the averment that the general body of wise to disregard. It has never been doubted that that profession has any other “recognized rule."' the bar had its bravoes as well as its heroes, but
Our contemporary makes light of a few dam- never did the two classes run such danger of being aged reputations of the innocent in the scale confounded as at present. The proper adminisagainst acquittal of the guilty. Forsooth it is "a tration of criminal justice concerns every individquickly passing cloud over the character of two ual nearly; and the public cannot safely be left or three persons." Where character and con- with the impression, however erroneous or hastily science have been seared at the Old Bailey, it is formed, that a criminal in the dock may be devery possible that such clouds pass lightly away : fended by only less great a criminal out of it, and but there are exceptions, and Sarah Mancer was the presiding judge sit insensible to the new one. The cloud was heavy over her, and it passed wrongs thus inflicted in addition to the old. 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 lraised, 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 white. 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. Cabet, 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 to 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 Jate 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 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 hie 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 have also a view of the lowest, in order to take persevering solicitude of friendship—the friend- the altitude of the professional morality. What ship which, so long as it was harassed more than must be the depths when such are the heights ! he was by the attacks, he stoically left to its sym- A gibbet should serve as the standard of measurepathetic pains for nine long years.
ment. Its proud summit must be level with the The pamphlet before us is composed of the heights defended. Warren intervention induced by the Denman din- We are sorry that Mr. Phillips has vowed in ner some time ago, the epistle of Mr. Phillips to make no rejoinder to any reply to his letters--nol the Times, and an appendix of testimonials to but that we commend the prudence of his resoluthe completeness of the cure of reputation, such tion, proceeding on the discreet maxim in such as we are in the habit of seeing quoted in proof cases, “ The least said the soonest mended,” but as of the marvels of Holloway's Ointment, or the it deprives us of certain explanations or interpretavirtues of Rowland's Macassar Oil. Few corn tions we require at his hands. The truth is, that doctors can produce more worshipful names in we are not very well skilled in the Irish tongue certification of what they have done. Nay, the in which Mr. Phillips writes, and we have engreat Hudson testimonial itself is rivalled. It is deavored in vain to construe the very third sena pity, however, that Mr. Phillips was not able tence in his preface. We quote it with the conto number amongst them some opinions from text, in the hope that some friend may be able to unprofessional minds, as the question is not explain to us what the writer means to say. simply whether his conduct accorded with prosessional ideas of an advocate's license, but further,
Nothing but the persevering solicitude of friendif so, whether professional ideas of an advocate's ship could have induced me to set, as I fear I have license accord with morality. It is very possible calumnies inflicted upon them in respect of their
done, a bad precedent to the bar in replying to that Mr. Garde, Mr. Mahon, Mr. Espinasse, Mr. public professional conduct
. It seems to me intolMellor, Mr. Fortescue, Mr. Clarkson, and Mr. erable that the sanction of an honorable profession Flower, would do all that Mr. Phillips did to must be required to recognize the existence of such a procure a murderer's acquittal ; that they would right as is contended for. endeavor to shift the suspicion of the guilt on the
To put this into intelligible sense will be no bad innocent, and protest that none but the Almighty Christmas puzzle. God knew who had perpetrated the murder, with
And there is another matter that perplexes us the knowledge in their own minds of the false- much. It is a small point to be sure, but in lookhood of the profane asseveration. That they ing at evidence small points are often of much would do what they approve is to be inferred, and
significance. 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 Hement of the real question a jot, whether such had appealed to Heaven as to his client's innopractice is accordant with morality.
Mr. Phillips lakes as motto to his pamphlet Lord Brougham's statement of the duties of an
“ You certainly did not, Phillips," was the reply advocate, but strangely omits the part which of the late lamented lord chief justice, " and I will makes it so applicable to his own conduct. He " And I," said Mr. Baron Parke, happily still
vouchee whenever you choose to call me." quotes it thus :
spared to us, “ had a reason which the lord chief jus
tice did not know for watching you narrowly, and he An advocate, by the sacred duty which he owes will remember my saying to him, when you sat his client, knows in the discharge of that office but down, Brother Tindal, did you observe how careone person in the world, that client and none other. fully Phillips abstained from giving any persona! To save that client by all expedient means—to pro- opinion in the case?' To this the learned chief tect that client at all hazards and cost to all others, justice instantly assented.” This is my answer to and among others to himself—is the highest and the second charge. most unquestioned of his duties.—Lord Brougham.
Of course Mr. Phillips speaks by the card in -leaving out the very conditions of professional his recollection of so remarkable conversation ; conduct he himself so signally illustrated," he but how strange it is that Mr. Baron Parke should must not regard the alarm, the suffering, the tor have addressed a chief justice as Brother Tindal. ment, the destruction, which he may bring upon What can account for this most unusual deviation any other."
from etiquette? It is as if the colonel of a regi
ment addressed Field Marshal the Duke of Wel-1 and justice often do. The principle of the canon lington as comrade, or the captain of a ship cited above holds equally good in civil as in crimaccosted the adıniral of the fleet as mate. Dues
inal courts ; it enables the counsel to do his duty Baron Parke remeinber his strange familiarity to
by a client without disgracing his own honor and the chief justice ? and if he does not remember enable him, if the canon really regulated the prac
dignity by subserving falsehood—or rather it would that, does he remember the rest that is put into tice of the courts. his mouth by the same accurate, faithful, and impartial reporter ?
From Punch, 8 Dec. We should, we repeat, have been glad of an Mr. Phillips is one in authority. We are sorry explanation of these little points from Mr. Phillips for it. He--the defender of the confessed Courhimself, but we cannot gainsay the prudence of voisier and the justifier of a wrongful defence-sits his silence, though our curiosity is balked by it,
in judgment upon the imprudent and the unfortu
nate. A word of his falls crushingly upon the im Turpiter obticuit, sublato jure nocendi. provident and the helpless. Such is his power. Perhaps nine years hence he may resume his assuming for a brief space the bench of justice,
We say, we are sorry for it. For public opinion vindication ; but alas, the paper of the Times is and addressing the commissioner in his own daily of tough and durable fabric, and will survive that phrase, says date, and that is the file which the viper bites “ Charles Phillips, after a careful reading of against worse than in vain.
your petition, it does not appear that you have any
standing in court. Charles Phillips, your petition (The Examiner reprints a host of notices, we copy
is dismissed." (wo.) From the Spectator, 1 Dec.
From Burrill's Citizen. The judge decided that Mr. Phillips was bound
THE PENNY POST OF ENGLAND. to continue the defence after he had heard the con- The penny post not only serves to develop and fession of the prisoner; the Examiner convicts him expand the social affections of families and friends, of endeavoring, after he had heard that defence, to but it is an educational agency, of inestimable suggest a suspicion of guilt against others that he value to all enterprises of associated benevolence, knew to be innocent. The practical question then Christian philanthropy, and domestic commerce. is, how a counsel can comply with his duty to set If it unite individuals and communities in social forth the case on one side, and yet not commit an intercourse, that union is strength as well as enjoyoutrage on truth and justice? The appropriate ment, or ability to concentrate their activities and canon, in our view of the subject, has been laid sympathies upon any great object, worthy of the down, and has recently been expounded by the Ez- adhesion of the public mind. Is it some vast aminer. The counsel is bound, not to establish the scheme of Christian benevolence that appeals to innocence of his client, but to see that the trial is these sympathies and activities?—the penny post conducted according to law-that his client is not threads the kingdom, from centre to circumference, convicted through some violation of the law. In with netted veins of living thought, through which the case of Courvoisier, for instance, it was the part the silent suffrages of a million minds circulate to of the counsel to show in what the evidence failed; and from the heart of the enterprise, or the central but not to suggest, to originate and create, sus- committee of a religious or philanthropic society. picions against an innocent person. The rule for Is money, as well as sympathy, wanted to scatter a barrister in such a position would seem to be, to the choicest leaves of the gospel of salvation conceive his arguments as if they were addressed to among the heathen of pagan lands; to break the the judge rather than to the jury.
bonds of the African slave abroad ; to elevate the Here, then, rises a second question—that of man- depressed masses at home ; to bring up, from the ner. In the case now discussed, much of the of- dark lanes and by-ways of rice and inisery, the 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 w 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 July 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