Boston College Law School Digital Commons @ Boston College Law School Sui Juris Law School Archive 12-1-1962 Sui Juris, volume 07, number 02 Boston College Law School. Student Bar Association Follow this and additional works at: http://lawdigitalcommons.bc.edu/suijuris Part of the Legal Education Commons, and the Legal History, Theory and Process Commons Recommended Citation Boston College Law School. Student Bar Association, "Sui Juris, volume 07, number 02" (1962). Sui Juris. Book 24. http://lawdigitalcommons.bc.edu/suijuris/24 This Article is brought to you for free and open access by the Law School Archive at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Sui Juris by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. Vol. 7, No.2 BOSTON COLLEGE LAW SCHOOL Winter, 1962 I{ATANGA and the UN­ MOOT COURT TEAM WINS Story of Struggle REGIONAL COMPETITION By M. Donald Cardwell The Boston College Law School Moot nied Due Process by reason of the fact Court Team recently defeated Suffolk, that he was not assigned counsel at his Yale and Boston University and won arraignment. The writ was granted and EDITOR'S NOTE.-M. Donald Cardwell, President of the Boston College Law the 1'-~e -vv England Regional title in the the Slate appealed. School Forum, went to the Congo and Katanga this past summer on a fact National Moot Court Competition. This The Circuit Court reversed, one judge finding mission at the invitation of the Jefferson Society of the University of team, composed of Lewis Rosenberg, dissenting. However, one of the two Virginia. The B .C. Law School Forum had emphasized African affairs in its Brian Moran and Wayne Judge, will members of the majority of the Court program last spring, as illustrated by tlte engagements of G. Mennen Williams represent New England in the National was an interim appointee appointed by and Michel St1'uelens. This interest by tlte Forum prompted the invitation Moot Court Finals which will be held the President to fill a vacancy which of a B.C. student by the Jefferson Society, and the Forum members selected in New York City on December 18th, arose five days before the Senate ad­ Cardwell to accept the invitation. 19th and 20th. journed. While in the Congo Cardwell talked to Moise Tshombe and other influential The case which was argued by the The Boston College Team wrote a leaders of both the Congolese and Katangese governments. Upon his return team involves some interesting legal brief for the Petitioner but lost the toss he was called to appear before the Department of Central African Affairs problems. An indigent migrant laborer and had to argue against Suffolk on be­ of the Department of State. This experience along with extended conferences was arrested and accused of stabbing half of the Respondent, the State. After with Edmond Gullion, U.S. Ambassador to the Congo, Robert Gardner, Chief a small child. Immediately after arrest that round the Boston College team of U.N. Congo Operations and Senator Thomas Dodd have given Cardwell the accused was arraigned without coun­ again lost the toss and again had to an uniquely voluminous knowledge of his subject. Cardwell is co-author of sel. However, the arraignment proceed­ argue against Yale on behalf of the a recently published book, Congo-Katanga Quest, having written the legal ing in the mystical State of Nowhere Respondent, the State. section. The book, registered with the Library of Congress, is published by did not require the taking of a plea By agreement with the Boston Uni­ the Federal Letter Co. of N. Y. and sells for $1.00. Over 5,000 copies have but only a determination of "reason­ versity team the Boston College team already been ordered, and copies will be made available for sale to the students able cause." argued the final round on behalf of the here in December. Twelve days after this arraignment Respondent. the accused's only favorable witness Brian Moran's masterful performance died and his testimony was lost thereby in the final round merited him the I journeyed to Africa, to the Congo, problems and perils not less but far notwithstanding the fact that a State Outstanding Speaker Award which con­ as a represent.ative of this Law School more formidable than those through statute provided that if his testimony sisted of a sterling silver cup presented and I write this report to inform you which we have so narrowly made our had been taken at the arraignment it to him by the American College of Trial of what I saw there and what I heard way." The forces were joined in what would have been admissible at the trial. Lawyers. Each member of the team was there. It is my purpose here to put came to be known as the Cold War. The accused was assigned counsel awarded an unfamiliar treatise on the the account of this trek into the larger And in Africa, the Dark Continent, fourteen days after arraignment, entered Law of Evidence, donated by the Bos­ framework of recent Congolese history, the first Winds of Change began to his plea, was tried by jury, found guilty ton Book Company. United Nations activity in the Congo blow. The hold of the colonialists, firm and sentenced to five years. After ex­ The Boston College team will now and United States policy in this general for centuries, began to loosen. From hausting all State remedies the accused compete against the winners from the area. among the Africans the cry for in­ applied for habeas corpus in the Federal other seven regions of the Country for The twentieth century, no different dependence was raised. True it was District Court alleging that he was de- the National Moot Court Championship. from those centuries which have pre­ that many of these did not know what ceded it, has been host to the struggles independence was. In Leopoldville the of men against themselves. The first native residents were heard to shout FALL FORUM PROGRAM half of this century provided an arena in unison, "Le dependence, de depend­ of time in which men fought two wars ence." African leaders. however, knew HAILED AS, SUCCESS whose destructive consequences have the meaning of independence and they One of the most valuable extra-cur­ thorough preparation and hard work, no equal in the long annals of recorded strove mightily to achieve it for their ricular activities presented at the law even though a case might appear to be history. In the wake of these wars, on countries. So successful were they that school this year has been the Thursday "easy" at first glance. the ashes of torn and broken countries, the United States representative to the Morning Series of the Boston College A week later, William P. Homans, over the bodies of countless dead, men General Assembly of the UN in a Law School Forum. Under the chair­ Jr. Esq., former COl..llsel for the Civil began to build anew. From among this speech before that body in September manship of Don Quinn, the morning Liberties Union, addressed his remarks building an edifice arose over which of 1960 referred to 1960 as "this year Forum program has brought to the at­ to "Representing the Unpopular Client." shone the brightest of all men's stars of Africa." tention of the students many outstand­ Mr. Homans, who has represented both of hope. It was named the United Na­ The Congo story had its first major ing members of the bar from all sectors alleged Communists and alleged mem­ tions and its preamble recited, "We occurrence in 1959 when, at a Round ,of the Commonwealth. When asked to bers of the American Nazi Party, the peoples of the United Nations de­ Table discussion in Brussels, the Bel­ comment upon the value and purpose of pointed out the necessary distinction termined to save succeeding generations gians agreed to give the Congo its in­ the Thursday Morning lectures, Mr. between representing an unpopular client from the scourge of war . and to dependence the following year. The . Quinn remarked, "I feel that continued and representing an unpopular cause. reaffirm faith in fundamental human Congolese with no top echelon adminis­ exposure to distinguished men and Thomas E. Dwyer, Esq., noted Bos­ rights, in the dignity and worth of trators, with no lawyers and no doctors women from the legal profession is of ton attorney who has recently been the human person . do hereby estab­ and with their foremost university but great benefit to all law students. It is counsel in several of the so-called public lish an international organization to six years old were to begin the ex­ my belief that law students have already corruption cases, directed his emphasis be known as the United Nations." periment of self-government. Reason entered the legal profession; the Forum toward the role a criminal defense at­ Even as men built again, the first half would have dictated an interim period provides an opportunity for them to torney should assume within the frame­ of the century slipped into the past and during which the Congolese would be learn from experienced practitioners work of the Anglo-American legal sys­ the second half came upon them. In educated for their new role. This was many things which they will encounter tem. this brief period of time a giant aggres­ not. however. to be. When the experi­ when they become practitioners them­ Mr. Dwyer was followed by Edmund sor, veiled by prior events, broke of a ment of self -government would begin selves.