Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1889-12-14
vlI-FRENcH COURTS.

They Arc Not mOcn btko Eugllsn courts
and They Resemble Those Of America
stili Less.
President Dupin, the greatest French
jurisconsult Of the century, once said.
"If were accused Of having carried OF
the towers of Notrc Dame in my pocktSs
| would run away" A more severe
criticism upon our judicial procedure
could not have been pronounced. But
is it too severe? Could you believe, fer
instance, that urVn the least suspicion
French magistrate may order, on his own
rcsponsibility--a responsibility which
no one has right to question--a search
or an arrest in any private house2 He
may issue such warrant upon any pre-
sumption uncorroborated upon oath.
In France we give almost unlimited
arbitrary powers to legion OF magis-
trates, whom we expect to live in a state
of independence on u salary OF $500 to
$500 year, and who are, for the most
part, the failures Of our bar. warrant
that there are more judges in French
town Of $4,000 inhabitants than in the
whole Of England-quitc rs many, at all
events. Judicial reforms have long been
demanded by the Democratic party. but
none have been made; and am bound I.
to say that nothing excites public minds
In France less than what passes in the
courts of justice. When tho Frenchman
has paid his taxes he thinks the govern
ment ought to see that everything is
right. There are few countries, as ]
have said elsewhere, in which Demo.
IL. .nl
in France. In spite of this, public opin.
ion does not concern itself about judicial
proceedings; because there is no country
in which authority is less respected, al.
though, strange to say, there is not one
in which it is more feared and more
easily submitted to- We seem to accept
all forms of tyranny in order to shirk all
respoa Utility Democracy with us chief
iy cuu.I5,a IL holding up to ridicule
despothm tnr AVS of which we In turn
approve by holding up to ridicule those
who are the victims Of IT,
Let us see how French justices proceed
with "Frenchmen in trouble.
When. in England, man Is arrested
and informed o! the charge brought
against him, he says, Very well, you
will have to prove it," and the inspector
Mt the police station says to him, II must
caution you against making any state
ment--in fact, anything you say will be
used rs evidence against you" When,
| IN France, man is accused--say, for in
| aance, of stealing q watch-he is brought
before the commissary of police, who in
| variably says to him, "You are charged
with stealing watch; the best thing you
can do Is to make full confession, and
the judge will be lenient with YOU"
| If he is guilty and knows that the case
is clear against him, he Immediately
makes clean breast of it, and, as rule,
Is quickly and leniently dealt with. But
II he is innocent, or, If guilty, he thinks
he can get out of the scrape, he of course
answers, You are mistaken; / am not
guilty" and his troubles begin. He is
sent to prison, and the following day is
taken before the examining judge. called
juge obstruction, not in public, but in
private room. There this magistrate
says to him point blank; "You say you
are not guilty, of course. II we were to
listen to all of you, none would be guilty.
Now, enough Of that nonsense. You are
charged with stealing watch; prove
that you are innocent" Now, II the
prisoner is guilty, it must be difficult fol
him to prove that he is innocent but, fol
that matter, il he is innocent, IL may be
| Just as difficult. If the first conner were
to accuse me of having stolen his um
brella few days ago, could more cas-
! lily say that was innocent than prove it
80 you persist in your denial, say'
the examining judge 10 the Frcncl
prisoner; "very well, | will send yol
back to your prison. hope that mex
time send for you you will have re
tlected, and discovered that the best way
TO serve your own interests is to make ,
full confession" Now this is evadinl
the law, which says that man arrested
shall, the day after his arrest, appear be
fore judge. The letter of the law il
carried out, but not the spirit; for no ex
animation takes place, and very often NJ
sworn evidence exists. The prisoner
goes back to Jail, and the magistrate be
| gins to get up the case against him. i
the accusation is of serious character
the man is placed au secret, that is tt
say, that not only he cannot communi
cate with his friends, much less see them
but he cannot even see his counsel or re
cei'e any legal advice. How long is a,
to remain in preliminary Imprisonment
before being sent to a tribunal?
This entirely depends on the goo,
pleasure Of the examining magistrat,
who is allowed by the law to keep him
year under examination. If at the enc
~ lnx tls,. &, q. 4
the prisoner is discharged. ! should
however, hasten TO add that, as a rule
for an ordinary theft, or an offense tha
does not require long investigation, tin
accused undergoes only from two to ST,
months preliminary Imprisonment be
fore he is brought before his judges
During that time he is brought once o
twice a month to the Palais de Justice
TO be asked by the judge if ''he still rer
sist in his denial" These visits to tn
examining judge are most dreaded b,
French prisoners, especially in Paris
They sometimes have six, eight hours L
wait for their turn. in a little dungeon
six feet square, where they get neithe
food nor air. 1t Is nothing short Of tor
turo, this inquisitorial examination il
private. When in the evening the pris
oner sees his cell again, it must look /
him like paradise compared to the hol
he had to creep into during the day. A
last, one day, he receives intimation tina
his trial will take place.
But, now, mark well where the system
is wrong, The prosecuting magistrates
called the magistratlTe debout (becaus
they prosecute standing), and the judg
ing magistrates, called the magistratur
! assise tbecause they try cases in sittin