The defendant, whether he be an ex-convict or thirty-year-old professional thief, is always “this poor boy,” and, as he is not compelled by law to testify, and as his failure to do so must not be weighed against him by the jury, he frequently walks out of court a free man, because the jury believe from the lawyer’s remarks that he is in fact a mere youthful offender of hitherto good reputation and deserves another chance.

By all odds the greatest abuse in criminal trials lies in the open disregard of professional ethics on the part of lawyers who deliberately supply of themselves, in their opening and closing addresses to the jury, what incompetent bits of evidence, true or false, they have not been able to establish by their witnesses.  There is no complete cure for this, for even if the judge rebukes the lawyer and directs the jury to disregard what he has said as “not being in the evidence,” the damage has been done, the statement still lingering in the jury’s mind without any opportunity on the part of the prosecutor to disprove it.  There is no antidote for such jury-poison.  A shyster lawyer need but to keep his client off the stand and he can saturate the jury’s mind with any facts concerning the defendant’s respectability and history which his imagination is powerful enough to supply.  On such occasions an ex-convict with no relatives may become a “noble fellow, who, rather than have his family name tainted by being connected with a criminal trial, is willing to risk even conviction”—­“a veteran of the glorious war which knocked the shackles from the slave”—­“the father of nine children”—­“a man hounded by the police.”  The district attorney may shout himself hoarse, the judge may pound his gavel in righteous indignation, the lawyer may apologize because in the zeal with which he feels inspired for his client’s cause he perhaps (which only makes matters worse) has overstepped the mark—­but some juryman may suppose that, after all, the prisoner is a hero or nine times a father.

There is one notorious attorney who poses as a philanthropist and who invariably promises the jury that if they acquit his client he will personally give him employment.  If he has kept half of his promises he must by this time have several hundred clerks, gardeners, coachmen, choremen and valets.

In like manner attorneys of this feather will deliberately state to the jury that if the defendant had taken the stand he would have testified thus and so; or that if certain witnesses who have not appeared (and who perhaps in reality do not exist at all) had testified they would have established various facts.  Such lawyers should be locked up or disbarred; courts are powerless to negative entirely their dishonesty in individual cases.