New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-09-27
THE GAMBETTA TRIAL.
,,-crrcp OPENLY DISREGARDED.

Utterly GROUND Ess-GAMBETTA CALM AND
REsoLUrR-A REPUBLICAN VICTORY Al HAND
JFRoM TIRE REGULAR CORRESPONDENT OF rPs rhi'uSAi
PANS Sent 12-Ever since it became knownthat
tbeGovernment had resolved TO prosecute M.Gainuet
IA on account Of his speech at Lille. there has been
universal curiosity TO know in what NJ Gambeua
offence consisted and what could be the object oil
the Government in prosecuting him. Inc mo'cV-
mont has now been made known, trial has been
had. NJ. Gambetta has been condemned by DEFAULT
the Judgment Of the court has been given. countless
articles on the whole subject have been published
nv the press Of every shade and of all countries in
cluding the official and semi-of1cial organs of the
Ministry in France vet the mystery is as great as
ever He who reads the indictment and the iudg-
ment must still conclude by asking, But what then.
was NJ Gambefta's offence He who has eNtrcated
himself successfully from the labyrinth of phrases
in which the apologsts of the Ministry involve their
meaning is still at loss to conjecture the motive OF
the performance. The reasons against prosecution
are numerous and cOgent-sO decisive, indeed that
all Europe save the clerical press, rs at one Ii pro-
nouncng his prosecution an act of incomprehenS'oie
folly If IL be not that it must be piece Of state
craft 50 subtle that the secret Of it has escaped
everybody and will only come to light in the sequel.
That = possible; every one may judge for himself
how probable it Is. Pending the solution OF the
puzzle. let MS see what has happened this week at
what is called the trial of NJ. Gambctta.
NJ Gambetta was summoned TO appear before a
police court His offence, whatever else II may De-
Is at any rate q press offence. He is not prose-
cutcd for making a speech. The speech was
made nj private dinner and could not itself be the
object of prosecution. He is prosecuted FOR direct
ing the publication Of it in the RCpHbiqae F'dnea''e
and the manager Of that paper goes into the dock
with him. But there is law that press offences
hat
Gambctta can he dragged before police court
where there is no juryi Wen, it happens in this
way. TIE law in question does not in terms eX-
pressy repeal the old law Of 1852. the law OF the
conn II ctat. and the Due de Broge, who is Minister
of Justice, does not think it beneath him to take
advantage Of this technical defect. For the hun
dredth time since the 10th May, the letter OF the
law is made to violate IFS spirit. This is what Is
called maintaining "moral order"
Araip il is the law that reports Of press trials may
be published their publication cannot legally be
prohibited. But there is a law prohibiting IN GER
tain cases, the publication OF tnas OF persons
charged with insulting and slandcrng other por-
SONS Now NJ. Gamhetta is charged with insulting
the Marshal and his Ministers and though ms is
press offence and press trials must be open as well
rs before jury this other statute, relating to DIFF
ferent class of offences, and passed for different
purpose rs seized ON rs prctcXt for prohibiting re-
norris Of the trial This does not appear 90 have been
contemplated in the beginning. BIT directly the
prosecution was ordered, il was pointed ont that IT
afforded NJ. Gambetta SIMPLY another opportunity
for making "a speech which al, France aud all Europe
would read. SO obvious a consideration would have
occurred to anybody else hut occurring too late 10
the Ministers Of the 10th May, they could do moth
ing better than invoke once more law which had
nothing 10 do with the case. and issue futile pro
81 fi.l fa .rts.t la
they viii not De able to suppress his speech. And
whether he speaks or not the report Of the trial VIII
be published and circulated. The papers which pub
Esh Sd NAV be prosecuted, the sale Il them on The
streets may Ice stopped, but their circulation by sale
in thc shops and by post cannot be prevented.
The tlial was TO occur on Tuesday. On Monday
H. Gambetta decided not TO appear but 10 let iudg-
Inent CO. in the first instance, 10y default. This was
mainly to gain time. It has been intmared by the
Ministerial organs that the real object OF these legal
proceedings is to deprive NJ Gambetta Of his civil
rights A conviction such q charge rs this is fol-
lowed according 60 French law. by civil disabilities.
The convict cannot vote and is ineligible to Office
for FIVE years The ari.tocntic and hgh-minded
Duc de- Bloglie thinks II hOnorablc-we must sup
pose DEE thinks it honorable or he would not attempt
to doit-to get md Of a political adversary in this
way. tie brides himself on his political capacity,
and lie believes political adversary be got rid
Of i'm this way If it could be done at AL il must be
done before the elections the elections must be held
not later than October H. and by a default the de-
claration of a final Judgment can probably De post
poned beyond that date Judgment in default is
void, IL the defendant appears subsequently, within
a fixed tme aud NJ. Gambetta is merely availing
himself of his unqueStOned legal right in p0stpOniug
the trial He had indeed, apart from this. perfect
good reason for desiring It's pOstpouement. His
counsel NJ B6toland was IN. and there had been no
time to instruct new counsel. This was the ground
OF the application and in an ordinary case such an
application would have been granted.
] may as well here as anywhere say what have
10 saw about the judicial" character Of the pro-
ceedings it might all be summed up in The answer
"a friend gave me 10 my question, whether even
police magistrate could be found TO convict NJ.
Gambetta on so prep0sterous charge. These
Ministers are capable of any bunder, but don't
suppose even they have so far IN the matter
without having made sure of the court They
made sure. indeed. The President Of the Tenth
Chamber. before whom, with two assistants. the
case was heard. is a certain M. Grattery. who in
other days nomnally an official secretary under the
orders Of the too notorious NJ. Grandperrot, pro-
cuear-g6atrql. IN the Empires tme-really the fac
totum whom an English barrster would call NJ.
Grandperrets DEVIL What the Courts of Correc-
tonal Police were under the Empire need not re-
mind you. Ii was under the Empire that these
courts presided by petty magistrates Of little
character and ablity-fOr no able lawyer viii
accept such a post-and legitmately occupied in
the trial of pickpOckets were charged with the
jurisdiction of press offences II is before such
court that the Minister Of Justice drags the leader
of the Republican party of France, and it is such
a magistrate who has the legal power TO say that
NJ. Ganbetta's constituents shall not reflect him