EMBARRASSMENT AND THE LAWYER.

Watson is a young barrister who is feeling rather pleased with himself.

I confess that he has deserved it.

The situation was as follows. Before the War he had had no briefs, but

had always had a conscience. A hopeless state of affairs. Then he went

to the War and shed his conscience somewhere in the Balkans. So far so

good. But, when he was demobilised and began to take stock of what had

been happening at home in the meanwhile, he found to his horror that a

conscience had again been thrust upon him by the General Council of the

Bar.

Such was the situation he had to face, and he has won through.

How, you ask, did the G.C.B. play this trick on him? It happened in

this way. Having nothing better to do during Watson's absence and at a

critical moment of the War, these idle elderly well-fed lawyers solemnly

deliberated upon the following fantastic problem:--

"What is the duty of counsel who is defending a prisoner on a plea of

Not Guilty when the prisoner confesses to counsel that he did commit the

offence charged?"

With a cynical disregard of their own past these sophists propounded the

following answer:--

"If the confession has been made before the proceedings have been

commenced it is most undesirable that an advocate to whom the confession

has been made should undertake the defence, as he would most certainly

be seriously embarrassed in the conduct of the case, and no harm can be

done to the accused by requesting him to retain another advocate."

The new Watson was unable to agree with this doctrine, so far as it

* * * * *

The legal conscience thus gratuitously thrust upon him was soon to

undergo its first ordeal. An acquaintance of his, in a moment of

absent-mindedness, murdered somebody, and asked Watson to persuade the

inevitable jury that he hadn't. The said acquaintance explained to

Watson that he simply did it when he wasn't thinking.

Watson was in a hole. Obviously this was a case to which the

embarrassment prescribed by the General Council of the Bar was

applicable. This legal embarrassment, which, strictly speaking, ought

now to be his, would not, however, have worried him in the least had

it not been for another consideration. Suppose, after Watson had

triumphantly got his client acquitted, it got about that the "innocent"

had confessed his crime to counsel beforehand? That would mean an end to

Watson's professional career. One does not thus slight the edicts of the

mighty with impunity.

Watson was too proud to ask his client to keep the deadly secret, or to

apply the famous wriggle of _Hippolytus_: "My tongue hath sworn, but my

heart remains unsworn."

Nevertheless Watson gave his mind to the problem. In the end he decided

on the following line of defence: "Not Guilty," and in the alternative

"Guilty under justifiable circumstances, without malice aforethought but

with intent to benefit the person murdered."

Happily the General Council of the Bar has not yet assigned any

moral embarrassment to a counsel who pleads "Not Guilty," and in the

alternative, "Guilty." Watson therefore reasoned that if the jury

returned a verdict of "Not Guilty," his client's alternative confession

could be written off as an obvious mistake; on the other hand, if he

were found "Guilty," the fact of confession would be an ethical asset

towards securing for him a lenient view of the case.

As I said, Watson behaved well. He proved to his own and the jury's

satisfaction (1) that his client did not commit the murder; (2) that

alternatively he did commit the murder, but that he did so for the good

of everybody concerned; and (3) that in either case he never meant to do

it.

In the event the prisoner was acquitted without a stain upon his

* * * * *

Watson is now well established as the last hope of abandoned causes. He

is a specialist in defence, and criminals of every shade throng to him.

When a new one swims into his ken Watson meets him on the threshold

and says, "Don't speak a word. Read this;" and he puts into his hand a

printed slip. The slip reads:--

"_ Conditions of Advocacy_.

"(1) If you put your case into my hands it ceases at once and from

that moment to be any concern of your own. You are not entitled, for

instance, to express any opinion as to whether you committed the

alleged crime or not. That is my affair exclusively.

"(2) If however there is anything which lies so heavily on your

conscience that it must out sooner or later, let it be later. I

am open to receive confessions at any time after proceedings have

begun.

"If you accept these conditions, good; if not, go."

Watson says they always accept them, so he never worries about the

General Council of the Bar.

* * * * *

[Illustration: THE NEW ISSUE.

OIL GENIE _(gushingly, to Coal-Owner and Mr. SMILLIE)._ "CAN I DO

ANYTHING TO ALLAY THE TROUBLED WATERS?"

[The discovery of oil in Derbyshire, which threatens the supremacy of

the mining industry, may affect the questions now in dispute before the

Coal Commission.]

* * * * *

[Illustration: _Harassed Mother (having distributed half of her

offspring on laps of passengers)._ "COME ON, 'ENERY. SQUEEZE IN

SOMEWHERE. 'TAIN'T EXAC'LY 'OW I LOIKES TO TRAVEL, BUT S'POSE WE'LL 'AVE

TO PUT UP WITH IT."]

* * * * *

Punch, or the London Charivari, Volume 156, June 11, 1919 · 第 9 / 44 题