The Lebanon express. (Lebanon, Linn County, Or.) 1887-1898, 1891-05-01
tuRY TRIALS in FRANCE.
How the Procsdare differs from Thnt In
English and AnerIcan Courts.

Contrary to English practice, the
prisoner himself Is closely cross-ex-
ainined by the presiding judge, called
president says Mltrrdy'S Mdga%i,le.
Previously during his imprisonment
every effort has been made to draw a
confession from him. even by placing
in his cell a fellow jail-bird as spy-in
technical slang called ''niouton"-wh
treacheronsly tries to win his conf
deuce. Such proceedings would shock
British ideas of fair play.
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 nerv-
BUSINESS or stupidity, he may commit
himself irremediably. But the safety
of the prisoner depends chiefly on his
counsel; not so much rs regards logical
examination of what can be brought
forward for his defense, but according
to the degree of his fervid eloquence
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 trades
men, half-edueated. but having ..fait
leur rhetoriqnen in some provincial
school, aud retaining from such studies
a sort of vague. poinpous sentimental
ism, 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 prisoner
however guilty he might be. for he
knew how to work upon the sensible
ityn of the jury.
In France it is not necessary that all
should agree in the verdict; majority
of votes is sufficient. and the two or
three jurymen blessed with cool heads
and good common sense. who may
take clear view of the case. are over
ruled by the others. who between the
eloquence of the prosecution and that
of the defense, get into that state OF
bewilderment candidly expressed by
Henri Quatre on similar occasion, and
with him they would willingly exclaim=
Holy Saint Grisi They are both in
the right"
The defense has the last word. and
then the sorely troubled jury retires to
decide rs to the life or death of some
poor wretch. who has been adorned
with imaginary good qualities and re-
presented as having acted under irre-
sistible circumstances by the eloquent
man who speaks so beautifully to whom
they have just listened. What is to be
donep He has been proved to have
murdered somebody in cold blood and
with horrible cruelty-but then he is so
interesting. poor fellowl Bring in EEK
teuuating circumstances which will
send him TO Noumea 0he very thing
he wishes for).
And the jury returns-the president,
or foreman, according to established
form. dramatically laying his hand on
his heart. as he solemnly proclaims:
.-On my honor and my conscience
before God and before men, by ma
jority of $50 many votes. the jury de-
clares: Yes, the prisoner is guilty, but
with eNtenuating circumstances"
Their seruples are thus satisfied, and
the interesting individual is sent to a
charming country aud delightful elm
ate TO begin life anew, envied by all
his comrades in crime. who viii imme-
diatelv look out for a favorable oppor-
tnnity, 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 loo s.,ont-@-