The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-12-19
A FRENCH TRIAL.

1t is always instructive to study the adj
minislration of justice in other countries.
Just now the trial Of Eyraud and Gabrielle
BOmpard for the murder of Gouffe is going
or at Paris, and it is full of surprises for an
American lawyer. The reader will remem-
Der that Eyraud and Gabrielle were living
as man and wife, when the latter captvateu
Goufle, who was rich man, and induced
him to come to her room. There he was
straBgled, his body cut up and sent as
freight TO Lyons, while Eyraud and Ga
brielle made their escape to this city. Re
turning afterward to Paris with one Gar
anger size confessed the crime, surrendered
To the police and gave information which
led to the arrest of Eyraud. They are now
being tried together, being either unable I'M
der the French law TO sever their defense
or being unwilling 10 adopt that course. In
this country there would have been two
trials, which would have increased the cost
Of The prosecution and involved more
chances of defeat of justice.
The trial began with sketch of Eyraud's
life drawn by the Presiding Judge. He de-
scribed hun as having been a reprobate
from his youth, speaking from private
sources of information. He does not seem
to have iniimated that evidence in support
of his maeing charges would be laid be-
fore the jury. Having thus prejudiced the
minds of the Jurors against the prisoner,
tile Judge ordered that person to take the
stand and tell his story. We have always
held in this State that a prisoner may be
heard in his own defense, but that he shall
not testify for the prose cutiop, except as
States evidence, in which case he pur-
chases immunity, or at least favorable con-
slderatioD, by giving testimony to convict
his accomplices. No such assurance ap-
pears TO have Deen given 10 Eyraud. BE
tod his story so clearly that his own con-
viction seems inevitable. That he must
have realized. But his only concern was to
make cut case against Gabrielle.
When he was through he was turned out
OF court. while Gabrielle testified. A con-
viction obtained in the absence of the ac-
cused would not stand the test of an appeal
in this Slate. 1t is different in France
Gabrielle tod her story, the only variation
between 1t and the story told by Eyraud
being that each accused the other of being
the Il mptcr. Lyraud swore that Gabrielle
planned he murder and melted him to COM
nit il; Gabrielle swoTe that it was wholly
devised by Eyraud, and he compelled her by
the influence he had acquired over her and
by threats Of violence to become his ac-
cOmplice.
When Gabrielle took the stand the Court
took hand in fashion which would be
deemed indecent in this State. As with
Eyrapd. the Presiding Judge introduced her
TO the jury with brief biographical sketch,
IL which she was pictured as a sort OF cross
between Lucretia Borga and Ninon de
FEnclos. He informed the Jurors that
Slu Iad hpap lad
fiercely twitted her With having relations
with man who was old enough to be her
father. He asked her why she did not leave
Eyraud when be beat her. She replied.
probably quite trutbfully, that she could
not leave him, he had acquired SO much
Influence over her. To this the Judge re-
torted: you know to the contrary. If
you can't present better argument than
that to the jury, don't think they will be-
lieye YOU"
We must always beware Of setting up our
own standards as the only standards which
are right and perfect We have no right to
condemn French procedure solely on the
ground that it does not tally with ours. The
only true test of its merit is whether or no
1t Is calculated to attain the ends of Justice
by eliciting the truth. And it is far from
being certain that in this particular our plan
is superior 10 that Of the French. Ouf
courts would not allow the antecedents of
a prisoner held on a criminal charge to be
laid before jury, from the mere hearsay
of Judge, and without connecting them
with the case on trial That seems to us
unjust. But after all, jury is assisted in
forming an opinion of the guilt or innocence
Of prisoner by knowing the sort of life he
has led; and again, our procedure holds it
TO be unfair to condemn man out of his
Gwn mouth. The people cannot put de-