Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1875-05-13
Courts In SaxOny.

In the Kingdom of Saxony, instead of
An indictment there is an accusation
piece" which covers great deal more
ground and includes anything, however
remote, which may help to explain the
case or the acts of the prisoner. 1.-The
defendant does not plead" and issue is
Joined as of course. The trial usually
begins with his examination by the
Judge. The prisoner is not sworn, but
is cautioned to tell the truth" and is
therefore exposed to no penalty for per-
jury. The witnesses are examined by
the Court and then counsel on either
side may put questions. There Is no
discussion of the admissibility of evil
dence.
"Whec the Court asks question it
has decided that it is proper one to
ask. But there appears to be In no
quarter any thought of those limitations
which give US so much trouble. Any
thing in the way of evidence that to the
natural mind seems to be connected
with the case is put without objection;
and, although it goes here and there be-
You'd what is allowed by our rules, it
takes less rather than more time"
The case is submitted to the jury in
the form of questions. The verdict is
an answer eyes" or "no" to the oues
tons "by more than seven votes" There
is cross examination of witnesses. On
this the Revaeao remarks:
1.-The best way to tell story is such
an art that not much approach to it is to
be expected from the ordinary run of
witnesses. But telling story is what
the witness has to do, and the examina-
ton is for the purpose of aiding and
guiding him in it. That the best method
which helps him best to set out the cir
cumstances or event described, so that
the hearers may get the clearest idea of
the facts as they occurred. In many
cases no recital can do this SO well as
picture or series Of pictures, would do;
and the nearer it approaches to produc-
ing this effect he better In a picture
the strong points, with their qualiiica-
TONS the lights and shadows-that is to
say, the main facts and the less impor-
tant ones-are brought before the eye
and the mind at the same moment; and
the impression produced is of a whole in
which all the parts appear in their actual
and proper relation. In our system of
direct and cross-eXamination, where the
main facts which make for one side are
put in first and the qualifying circum-
stances are brought out afterward, there
is frequently such distance Of time be-
tween the two, and such difference in
the handling of the Witness that the
proper connection is destroyed. The
impression produced, where there is not
an extraordinary power of recollection
and combination, is disjointed and in
piecemeal, and even when nothing but
the truth has been told, contradictory;
and the decision. instead of being reached
by harmonious comprehension Of the
whole, is obtained by weighing two
statements against each other.
add to this that certain facts may be
and constantly are unduly dwelt on, and
distorted out Of their natural signi-
ficance, even against the effort Of the
witness, by the art of the examiner.
Still further then is this the case when,
neither party caring or daring to present
the whole truth, but only what is for his
own interest it happens that what
would be main features are left out, or
witness who knows the most, but know
ing too much, is not examined las in the
Sickles case). Cross examination is un-
doubleday the most tremendous instru.
ment ever invented for extracting the
truth in difficult cases it suits our in
dependent and combative disposition so
well and has been so long in use that
nothing else could take its place. But
the fact that it has not extended more
widely indicates an artificial side. In
hearing an examination as here con-
Quoted, it appeared to me that the jury
got as fair an idea Of the course of events
as in our own courts ~
Sentences are lighter there than here.
Capital punishment is practically abol-
ished, though nominally existing IN cases
of murder and high treason.-N. Y. Oh
serrer