Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1891-03-19
JURY TRIAL S IN FRANCE.
How the Procedure Differs from That in
English and American Courts.

How the Procedure Differs from That in
English and American Courts.
Contrary to English practice, the pris
oner himself is closely cross-examined
by the presiding Judge, called ''presi-
dent;" previously during his imprison-
ment every effort has been made to
draw a confession from him, even by
placing in his cell fellow gaol-bird as
spy-in technical slang called ''mouton"
who treacherously tries to win his
confidence. Such proceedings would
shock British ideas of fair play, any,
thing like treachery being repulsive to
the English mind.
The public examination may, how
ever, have the advantage of allowing
the prisoner to tell his own story,
which, if he be innocent, may have a
stamp of truth likely to influence the
jury; on the other hand. through
nervousness or stupidity. he may
commit himself irremediabl bly,. But the
safety of the prisoner depends chiefly
on his counsel: not SO much as regards
logical examination of what can be
brought forward for his defense, but
according to the degree of fervid elo-
quence, and his knowledge of the best
way of appealing to the feelings of the
jury.
The greater number of the jurymen
belong to the class of petty tradesmen,
halfeducated, but having ''fait leur
rhetorique" in some provincial school,
and retaining from such studies a sort
ofvague, pompous sentimentalisme easily
influenced by big words and dramatic
action. In the days of the celebrated
Lachaud, it was said that he always got
an acquittal for a prisoner, however
guilty he might be, for he knew how to
work upon the ''sensibility'' of the jury.
In France it is not necessary that all
should agree in the verdict: majority
of votes is sufficient, and the two OF
three jurymen blessed with cool heads
and good common sense. who may take
a clear view of the case, are Overruled
by the others, who, between the elo-
| quence of the prosecution and that OF
| the defense, get into that state of be-
| wilderment candidly expressed by Henri
| Quatre on a similar occasion, and with
| him they would willingly exclaim:
'Holy Saint Girls. They are both in
| the right
The defense has the last word, and
then the sorely-troubled jury retires to
| decide as to the life or death of some
poor wretch, who has been adorned
with imaginary good qualities and
| represented as having acted under IT.
| resistible circumstances by the eloquent
man who speaks SO beautifully tC
whom they have just listened. What is
| to be done? He has been proved to
| have murdered somebody in cold blood
and with horrible cruelty-but then he
| is so interesting, poor fellow! Bring in
''extenuating circumstances" which will
send him to Noumea (the very thing he
wishes forD.
| And the jury returns-the president,
| or foreman, according to established
form, dramatically laying his hand on
his heart, as he solemnly proclaiIns:
son my honor and my conscience, be-
fore God and before men, by majority
| of $50 manv) votes, the jury declares:
| Yes, the prisoner is guilty, but with ex-
| tenuating circumstances"
Their scruples are thus satisfied, and
the interesting individual is sent to a
| charming country and delightful eli
mate to begin life anew, envied by all
| his comrades in crime, who will imme-
diately look out for favorable oppor-
| tunity to cut the throat of some old
| lady and thus secure the same advan-
| tages.
! Such is the present state of judicial
affairs in France. for which q remedy is
| sought-not too soon!-Murray' Maya
| zine