The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-31
How 1t Is Treated in Different For
eign Countries.
THE PUNlSHMENTS PRESCRIBED.
French, Italian, Danish, Haytian, GreciaH
and Norwegian Law.
THE CODE In HOLLAND AND SPAIN
Interesting Opinions by Continen-
tai Counsel.

tai Counsel.
The civil suit for damages brought by Theodore
Tillon against Henr, Ward Beecher Tor the alleged
seduction Of his vile has not only attracted great
attention on the American Continent but a deep
interest has been manifested IN Its progress
abroad In view or this TACT IL IS interesting TO
know how such offences against the moral law
are treated in foreign countries. AS nearly every
civilized nation is represented mere by men
learnsd in the law OF heir native land several
HERALD reporters were instructed TO obtain rom
them taelr views ana a description OF the method
adopted IN SUCH cases rs TINS OF Illton Vs. Beecher
FRENCH LAW
The following interesting opinion is given by
Mr.. +. R. Coudert counsel for the French govern
ment in this country
Under the French law there seems 10 be no
uouot that the husband whose rlgats have been
invaded, as IS alleged to nave been The Case W
Mir. uton ia ms suit against Mr.. Beecner, 4
cause ol action IN damages. The french cede
PROVIDES tuat every man IS Responsible or the
damage thar ne mas accustomed 10 any person oy
his own act and that ne IS Obliged 70 make rep
araton Thereon. Under TINS PROVISION, which IS
10 be iound in the Frenca Coue civil, IL mas oeen
hel tnat the accompAce Of the adniterous we
might be sentenced 10 pay damages o the IN
Jured husband whenever the Judses decided tnat
the offence had resulted ~ pecunlary damage 10
such husband. THIS seems 10 be wei settled, al
though Carnot ana Que or two otner authorities
incline 10 dIOlHtr OplulOn. cuIH III pAGAGC 40 ~
Charged against al. Beecher, mgut give rise
unuer the French system 10 criulInal pruseeu-
ton as Wen ~ " clVH sctlou. indeed tue TWO
might be united into Que, the husband uelnE al
lowed to IN erlere IN the prosecution undertaken
hy the state-ne uelng what j. called the clvl
parry, ana claim the Ella MS damages. ~ mat
meapsa double procedure, wIth All us lacon-
veuience, delay aud expense, Is avoided.
Although the cflmlualty OF the VILE may be-
come i matter OF cOguiZauce 1T the nAnas d the
criminal tribunal the Complaint must DE made by
the husband, and even ne is prouiolted from max
Vi
offence, couped with the asgrayatInR clrcum-
stances specified IN tue code. n the vie Is con-
Nlcteu sue is llaUe Jo minimum lmprlsonmeut
o. three months, Whlch may, IN the discretion or
the JuGge. be increased 10 Two years. Tue accom-
plice OF the criminal vile - also aole TO the same
Imprisonment anu " y Hne u auuiblou W. loI
the purpose ol avoiding unlounaep yes and
cons pnaces (wulcn are not entirely unknown
even on tl4s sue " the Atlanticl, he code pro-
yides that tue only proof admissible against the
accomplce. mhen he Is not detected .Hd0fdlae
uellCt0 must result rom letters anu utner ducu
mems written ~ himself. Tue same limitation of
pIocl does not exist a. regards the vile wnen she
IS charged with the offence. IL should be Observed
however, that the laws ul evidence II tuey de-
serve 10 o. called laws OF evidence, are so much
moe simple IN france that such a trial nas
been gong on III Brooklyn iof the Last lew months
Is scarcely possible. Long arguments on the adj
MISS ntIIY ol testimony aud endless crosse xamlna-
lions are unknown, tue Judge being vested vita
almost unlimited authority IA the admissi II OF
proof, ana ne being Entrusted with the duty OF ex-
aiming the Witnesses. Whatever u ~ be the de-
lee Of tals sysGem-aud l believe That IL Is not
perfect Dy auy means-yet, al least, 1t saves great
zeal o. eApeuse " tue parties duu VI llllc
II should ae observed tnat under the French law
the offence above alluded 10 Is merely a mis-
demeanUr, triaole Dy u luage Wltnoni Jnry, nd
the theory IS that otter the evidence Is ali In
good bad aud lndlnerent-oelure making his ue-
cison ne Is aole to separate the cnan from the
waeal, u determine what properly DeaI IS upon the
case, 10 weIgh taAt ana that only, anu declue ia
though irrelevant and impr per testimony had
mo- been dmtLted into tue Case.
IL Is possiD.e tnut the auyan tages oil our system,
SO IorCloiy anu brilliantly Illustrated Oy tue IlIton-
Beecner SUIT, may, ii fully reported aud compre-
npn l4Irf Hlnf
cnauge IN tnelr system anu inluce The Runcn
Legislators and cou Is 70 adopt our ruies ol evI-
deuce anu our manner OF procedure. lear now
ever, fh4t II would De difficult IN tie whole Frencn
territory, even A.sace anu Lorraine included. TO
uud 4 magistrate VINO would be able to display the
Dnlnunt quantities oi patience aud ioroeardnce ex-
hiOlteu Judge Nelson. The French soil Is frutt-
Iul IN many virtues, but sucn patience mas never
cnaracterlzed tue French people, nor indeed the
Latin race.
HAYTIAS LAW.
In reply to questions put by HERALD reporter
His Exceuency S. r. Preston. the Hay tan Minis
Ter TO TINS country, stated:-"We have for tie
basis OF our laws IN Hayil the Code Napoleon,
with notifications. Our laws, therefore, are
similar TO those OF France. / never heard
OF husband like Mr.. Triton SUNG the alleged
educer OF his vile for damages. the anair would
be treated as a criminal matter with us. We have
no cross-examinatlon Of witnesses. The presd-
ing Judge ASKS tue witnesses what he thinks is
necessary and the Court decides the punisnment.n
RUSSIAN LAW.
At the Russian Consulate, In the absence OF
Consul General Bodisgo, HERALD reporter W as
told by his representative "that cases ike that OF
Tliton vs.. Beecner would never be made
public, on account OF public decency as tney
woiid be considered deeterious 70 the morals or
the people. These matters are sett ed as quietly
as possible. Duels, though forbidden by the laws,
often result IRON them. man whose wiIe il IN
iaitniul gene any discards ner. | have never
heara 81 sucn law SUITS as TtUn's taking place in
Paris, Vienna or Beriln.n
Is HOLLAND.
Consul General Ruel q. Burlage and his notary,
Mr. w. J. 4. L. Kramer, stated
IN Holland our laws are based since 1888 upon
the Cole Napoleon anu our ancient laws.
We nave no Jury system. Divorces (aD-
solutel are granted flr adultery, deserttOn.
and becoming convict The aduIteress
or adulterer IS not allowed 10 marry the person
with whom they nave committed the offence
after the divorce Is granted. The Offenders are
llaDle 10 mprlsOnmenL as IN France, for the
ragged husband cannot claim pecunlary damages
a nu. band committing adultery IN MS own house
- lab 10 fine varying irom 200 70 1900 francs,
and dlvorce can be Obtained by his wife lsec-
ton i article $50 OF the penal cOdel. These cases
are RED ~ the tribunal ana when Appealed can
~ carried 70 toe provincial, aad 70 tue supreme
courts we nave no cross-quesuoning anu the
Judge examines the witnesses.
rHE LAW IN GREECE.
Consul General Botassi made the following
statement:-
Unaer the laws OF Greece the case OF a husband
claiming damages for his WEES adultery Is
knOvn. Cur laws are manly based the Code
Napoleon. we nave tue jury system since the adj
vent Ol ktng Otno To the throne 1885, Inc idea or
pu,ed rucKod husband trying % OBTAIN money
Tor his WEES shame ~ legal interference would
be secuted BY all sei-thinklng Greeks .AnpIy
fur money, siTlr SAID Mr.. Bo:assi warming III win
ms subject; mo never We nave no cross quas.
a TAtp tIUN "a. YfN.A