12 Mo. App. 93 | Mo. Ct. App. | 1882
delivered the opinion of the court.
The defendant was convicted of murder in the first degree and sentenced to death. It is not satisfactorily shown to us that any error was committed by the court in the conduct of the trial, but our attention is strongly called to its refusal to sustain a motion for a new trial, based upon
Such a claim for reversal must be considered with great caution. The law has provided means whereby only persons qualified by learning, intellectual capacity, and good moral character, may be permitted to defend, in a court of justice, the reputation, property, or life of a fellow-citizen. This being done, the presumption necessarily follows that one who, by such means, has become armed with the proper credentials, will be competent to judge and faithful to adopt the best methods for securing a vindication of his client’s rights ; with the further presumption that the client, in selecting him, has elected to abide by the results of his skill and fidelity. It would be difficult to state with too much' emphasis how the stern severity of the courts has generally compelled parties to stand by the consequence of negligent omission, blundering, or improper management by their attornej-s in legal proceedings. This severity is generally justified by the most important considerations of public policy, as well as by the plain demands of justice, as between the parties to the cause. In civil cases the rule is broadly laid down that “ neither the ignorance, blunders, nor misapprehension of counsel, not occasioned by the adverse party, is a ground for vacating a judgment or decree.” Boston v. Haynes, 33 Cal. 31; Farmers’ Co. v. Bank, 23 Wis. 249; Burton v. Hynson, 14 Ark. 32; Burton v. Wiley, 26 Vt. 430; Quinn v. Wetherbee, 41 Cal. 247.
But must there be absolutely no limit to the operation of this rule, even where a human life is at stake? If an attorney should become insane during the progress of a trial, and should thereupon take such steps as should insure the conviction of an innocent client, would no relief be possible? To say so, would be a libel on the law. In looking over this record, we find, in the performance of the counsel for the defendant, an exhibition of ignorance, stupidity, and
No witness saw the fatal shooting. The prisoner, in aid of his application for a new trial, filed an affidavit, stating, in effect, that several weeks before the trial he had informed his attorney that he could prove by three several witnesses, naming them, that the deceased had repeatedly threatened to kill the affiant on sight; but the said attorney, “ by reason of his iucompetency and imbecility, refused and neglected to bring said facts before the court.” That the facts, as to
Considering the existing exigencies, it may be doubted whether the reason given by the attorney for keeping his client off the stand was any more creditable to his professional discrimination than the one stated by the prisoner. But waiving that, and also the seeming impropriety of an attorney’s volunteering an affidavit to prevent his convicted client from getting a new trial, we think that the general aspect of the record so far corroborates the affidavit of the prisoner as to entitle him to the benefit of the doubt. We feel constrained to act upon the supposition that the attorney* ignorantly or otherwise, advised his client against going upon the stand, on the ground that under a charge of murder, he could not lawfully testify in his own behalf.
Of course, we cannot assume that the jury wo.uld have believed the prisoner’s testimony, if it had been given. But if it could have been considered in connection with the proofs of threats from the deceased by three other witnesses, as is alleged, there is at least a reasonable proba
While it is true, as was held in Bowman v. Field (9 Mo. App. 576), that there can be no relief against a mere negligent omission of an attorney presumably competent, and notwithstanding the rigid rule in ordinary civil cases, as before stated, yet there is high authority for the granting of relief in extreme cases, where the client’s loss results, not merely from negligence, but from the gross ignorance, incompetence, or misconduct of the attorney. In Sharp v. Mayor (31 Barb. 578), a judgment was obtained against the city of New York for over $40,000.. The corporation counsel failed to prove facts in defence which were known to him, and which it was his plain duty to prove. After the judgment, although urged by the proper city authorities to take an appeal, he refused to do so. The .supreme court, in general term, set aside- the judgment. Said the court: “ Courts of law are not to be used by parties ,in effecting, through the forms of law, the ruin of a party who has employed an incompetent, negligent, or unworthy attorney.”
If such considerations can prevail, where only money or property is concerned, how much weightier should they be, in every rightly constituted mind, when a human life is in the balance. Modern civilization stands aghast at the barbarity of the ancient law which denied to a prisoner the aid of counsel “ learned in the law,” when on trial for his life. The wisdom and humanity of the present age demand that the maxim, “ every man is presumed to know the law,” shall be reversed, both in theory and in practice, when applied to the legal methods of conducting a defence against a charge of felony. Our state constitution (Art.
The judgment is reversed and the cause remanded.