Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1890-01-07
JACQUES BONHONNE
By MAX 0RELI, Author Of "J0ns,hss
and His Continent "John Ball
and Hs IslAnd.- "John Bull,
Daugh,ers- Etc.
W-faescH COURTS

Wv fNt'Sf' SOSNf' -
rss, Az. No, Mach LiAs rasil.h css.,.
and They R..smbis r...> .f Ams'ies
s,,ii ts..
President Dupin. the greatest French
jurisconsult ~ the century. once said
III we're ac.used Of having carried Oh
the towers of Notrv Dame In my pockets
! would run away" A more sever,
criticism upon our judicial proccdur,
could no, have bccn pronounced Bui
!. u ton scyercl Could you believe. foi
instance. that upon the lcas, suspicion o
French magistrate may order. ON his owr
rc-ponsibility-a responsibility which
no one ha. right 10 question: search
or an arrest In any private housci III,
may issae such a warrant upon any pre-
sumption unoorrotoratcd upon oath.
In France Sc give almost unlimited
arbitrary powers toA legion % magi.
trat.-. shom we cSpcct Ia live ~ a state
II independents. on q salary % $40 O.
800 year. and who arr. for the most
part. the failurc. of our tar ! warrant
that there are morc Judge. In French
town - 5000 inhab,tant. than in the
whole 70 Engiand-guite ~ many. at all
events Judicial reforms have long bccn
demanded by the Dcmorraiic party. bui
none have t-cn made. and am bounj
Ia say tia, nothing csci,es public mind,
IN France lc.. than what passes In the
courts % justice When the fvnchman
has paid hi. taxes he thinks the govern
meni ough, To 80 tina, everything IL
right There are few countries. as ]
have sail elsewhere. In which Demo
cratic tendencies are more marked than
In France In spite Of this. public opin.
ion dos not concern itsrlf about Judicial
proc--iings, b.,aus. there " no country
Ia which authority !. le.. RESPECTED. al
though. strange % say. therr 10 no, one
la Shich " 10 more feared and morv
easily submitted a. We scsm 90 accept
all forms u tyranny In order 10 shifk all
responsibility D,mocracy with us chief
ly CONSISTS IN holding up 10 hdicuIs .
dcsJ-tlsm. tlic acts u which wc In turn
approve by holding up Ia ridiculs tho-s
Who are the victims % a.
1t va -. hos French justices proceed
siih "fwnchmcn Ia trouble'
When. IN England. q man 1. arrested
and infonmd of the chArgy bfoagh,
agains, him. he ays Very wcll. you
vii have to prove "a and the inspector
At the police station says 10 him. Il must
caution you AgAins, making any state
msni-in fact. anything you say viii b.
us.i n evidence agains; you Whsn.
In France. a man l. aocus~d-say, for In
stance. of stealing vaich-he u brought
t-forc the commisSary u police, Who In.
varAbly say, 10 him. You are charged
~i,h stealing watch. the best thing you
can ID s 90 make full confession. and
the juig. will b. leni.nt with you"
n be- u guilty and knows that tho cas-
1. clear against him. hs Immediately
make. q clean hrcast - Il. and, a. a rule,
1. quickly and lcnicntly dealt with Hut
u he 1. innoc.ni, of. u guilty. be thinks
be- can set out u the -,rapo. he % cOurs.
answers. "iou atr mistaken, ] am not
guilty" and his troublc. begin. lie l.
..ni a. prison. and the following day !.
taken l-iore the examining Judge. called
Iugr obstruction. not In public. bat In
private ruom. There this magistrate
sly, 20 him point blank you say you
are no, guilty. 81 course. II we we're %
listen to all - you. none would b. guilty
Nov. enough of that nonsense. You arr
charged with stealing q watch. prove
that you are innocent- Now. u the
prisoner u guilty. u mus, ho difficult, for
him 30 prove that be l. innocent: but. for
,ha, matter. u he u innocent. Il may h.
lus, A. difficult n the frsi conner Wer,
10 accu-, me % having stolen his um'
brclla few days ago. could more cas-
Wy ssy tina, was innoccnt than prove u.
80 you persist In your denial, says
the examining Judge 10 the French
prisoner; "vvry well. viii send you
hack 10 your prison. ! hops that next
time ! send Tor you you will have ~
nectsd. and discovered that the b-rst way
to -rye your own interests L. 10 make q
full confcssion.- Nov thi, IL ovading
the law. which say. that a man arrested
shall. the day after his arrest, appsAr b.
fore a Judge The letter of the law i'
carried cut, bat no, the spirit. Tor no eI
animation takes place. and very often no
sworn evidence exists. The prisoner
go.s back To Jail. and tho magistrate b.
gins a. grt up the CASE against him. II
the accusation u Of a serious character.
the man l. placed au secret. that IL to
.ay. that no, only be cannot oommuni
cate with his friends. much les 49, them.
but be cannot even s-c hi. counsel or re.
c.iyo any legal advice. How long l. hs
to remain In preliminary imprisonment
b-forv bcing sent ,o tribunaR
This entirely depends on the good
pleasure - the examining magistrats
who l. allowed by the law 10 keep him .
year under examination. II at the end
~ the year the cas. Is not sent for trial.
tie prisoner u discharged. ] should.
however. hasten Ia add that, as rule.
for an ordinary theft. or an oden-e that
dos not require long investigation. the
accused undergoes only from two To six
months preliminary imprisonment L.
fore be Is brOught befof. his judges
During that time be u brought once oi
twice month to tie Palais de Justice,
To b. asked by the judge u "he siill pr.
sist la his denial" These visits to the
examining Judge are most dreaded by
French prisoners, especially In Paris
They sometimes have six. eight hours 10
walt for their turn. In a little dungeon
siI feet square. where they get neither
food nor air. II l. nothing short of tor
ture. this inquisitorial examination In
private. When In the evening the prs
oner secs his cell again. u must look to
him like paradise compared to the hole
he had To creep into during the day. Al
last. one day. he receives intimaiion that
hi, trial will take place.
but. now. mark well where the system
is wrong. The prosecuting magistrates.
cailed the magistrature debout (becauss
they prosecute standing). and tho judg'
ing magistrates. called the magistraturs
assiss (becauss they try cases In sittine
position). belong 20 the same set In.
deed. the prosecuting magistrates are ir
time promoted to 10 sitting magistrates
The prosecution 10 not, therefore. indie
pendent. as the defense Ia The prison.
ere case Il settled before lac appears In
court; for both prosecuting and sittins
magistrates have held q consultation
over II. and the speech Of the prosecu'
ton Il merely delivered for forms sake.
Tha bench OF the Police Correcfionnelll