The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1882-12-07
French Criminal Trials.

Z = IL buo d1uSIlC6u 6uOu1U Oo pT6So0k
when the names are drawn from the
panel Of forty, ne will be also astonished
at the courteous way in which the pris-.
oner's counsel challenges q name. The
lawyer merely lifts his toque, or head
dress, when the name is called, and the
challenge 10 allowed without a question.
The reading of the indictment, Usually
takes an hour. It touches upon almost
every incident in the prisoners life, and
therefore is very long.
The next step causes the American to
open his eyes. The accused stands up
to be severely questioned by the presid-
Ing judge: Anglo Saxon practice insists
that an accused person shall be consid-
cred innocent until he has been proved
guilty, and that the court shall exhibit
"the cold neutrality Of an impartial
4 French Judge speaks to the prisoner
az If his guilt had already been made
manifest. He saya:
"Now don't deny your guilt. You
know you are telling lies. You seem to
have been bad character from your
youth up"
such language would be considered
Objectionable in an American court,
even from the lips of bitter prosecu-
ting attorney. But French law makes it
the duty Of the Judge to wiring, if posi-
BILE confession Of guilt frem the pris.
dnet. The effect; Usually, is to beget
sympathy for him in the hearts Of the
jurors.
If the Judge fails to make the prison
er confess, the witnesses give in their
testimony: Theyare questioned only by
the presiding judge. If the prisoners
counsel wishes to ask d question, he
puts it through the presiding judge.
But 1i6 cross examination ofthe witnesses
is allowed. ,,
At the close of the evidence the pub
lie prosecutor leads off with a simple
statement Of the facts on which he
expects verdict Of guilty. # they
are private prosecutors who wish.
PUNISHED. then these advocates fol- fol-
low. For French law allows the court
not only to sentence murdeter to, death,
but to make him pay heavy fine TO
the relatives of the victim.
4 gentleman who was convicted Of
killing man in duel, was condemned
to pay $4,000 to the deceased's widow,
\ fine to the state, the costs of the trial
and to Undergo a years imprisonment
The prisoners counsel then begins his
address to the jury. Its characteristics
,day Be seen from the remark of an eni;
nent trencl advocate, ITO q, judge
he said, lone must talk with the head;
but to a jury one may speak with head,
heart, eyes, hands and legs"
An American or English lawyer would
call the speech haraDgue and sneer at
and "sentinentalism." But the French
lawyer knows that his countrymen are
warln-hearted, quick-witted, and respon-
sive to lofty theories Upon humanity.
He therefore appeals to them In the
most passionate defamation, to judge
the case on higher grounds than those OF
mere law. They are, he assures them,
Representatives of the people. and should
therefore, fehder popular justice, which
is according to equity, commo1-senee and
mercy.
Behind the three judges hangs q life:
size painting Of the Saviour on the Cross
and on the table stands a cruciix.
The advocate adjures the jury by these
emblems of redemption and mercy not
to slay the innocent. His aim is to make
them weep.
So successfully have French advocates
educated French juries into the notion
that they must judge with their hearts
and not with their heads, that even the
most horrible of murderers are found
guilty with "extehuating circumstances
Such verdict saves the prisoner from
the guillotine:, The following inciden,
shows how willingly a French jury re-
spends to these frantic appeals of counsel
Martini, Partisan tradesman, being
on the verge Of bankruptcy, determined
to save himself by numbering and rob
bing a messenger of the Bank Of France
lie decoyed one Of them into his shop
under pretence Of wanting change for {
thousand franc note. While the mes
change it Martin Glove his head ope1
| with q hatchet.
| The murder had been craftily planned
Martin was alone in his shop. He hat
: Uttered the floor with sawdust, so tina
the blood might not betray him, and hat
made arrangements to bury the body il
the cellar. But the messenger was no
killed outright: He had strength enougl
to wrench open the door and stagger in
the street, where he died on the
~ ment.
The prisoners lawyer moved the jur,
% tears. He drew q picture of the hon
est tradesman, the good husband ant
;ather, driven to despair by seeing him
self on the verge of ruin. He implore
them to have mercy on the man VIII
wanted to save his Commercial honor.
No doubt it was wrong to try and saw
ones honor by murder and robbery bu
such 4 wild design only proved that poo
Martin had been crazed by the prospet
of bankruptcy.
The jury's tears blinded them. The
t"nustins "a ci1ca%stsnces.5 cssS TRe korribi @ 81
murderer instead of being guillotione
was sentenced to transportation to pt
nal colony for life.
However com passionate French lurie
may be towards murders committed wit
q knife, revolver, or bludgeon, they al
seldom lenient toward poisoners. The
are also severe toward forgers, burglar
and other offenders against propert.
p Violence may be condoned, but treacf
cry must b. discouraged. He who stea
offends against what, in Frenchman
eyes, is the most sacred of all rights
that of property.
,! Unlike our system, the jury is not n
quired to he unanimous in finding ve1
dict. To carry full conviction thel
must be aiority of eight to four. ]
the votes are equally divided, the pri
oner is acquitted. If five pronounce f
an acquittal and seven for conviction
the bench may add their three votes
the five and thus acquit the prisone
, A verdict with "extenuating circun
stances" forbids the infliction ofthe ma,
imum penalty.
!, Actors who have travelled through tn
country agree that the most perfectl,
, built and decorated theater in the Unite
States Is in Denver. s 80 +.
r Thomas Ingersoll, of Wahpeton, whi
: under the influence Of liquor, fell from
) wagon, receiving injuries from which
j. died soon after.