Extracts From Notices of David Dudley Field

Cover Extracts From Notices of David Dudley Field
Extracts From Notices of David Dudley Field
Stearns Frank Preston
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* * On this subject the American Law Keview, in its May and June number of 1894, observes : " He was subjected to much criticism because of having been coun sel for William M. Tweed ; but we do not understand that in what he did in behalf of Tweed he stepped beyond the bounds of professional propriety. Tweed, though an enormous criminal, had a right to counsel and to be defended ; and it was the duty of Mr. Field, as his counsel, to see that he had his legal rights, and that, if punished, he sh...ould be punished only according to law. The right of the criminal to counsel is equal to the right of the innocent, and the criminal has in this right all the rights of the innocent. It cannot be certainly known in advance of a judicial inquiry whether a man accused of crime is guilty or innocent of that of which he stands accused. It is contrary to the genius of our law and unworthy of any civilized com munity, that he hould be punished without the opportunity of mak ing a competent defence ; and the privilege of counsel is one of the means of enabling him to make a competent defence and of making 30 The reconstruction policy of the Republican party after the war was opposed by Mr.

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