Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-07-11

or two of the regular jurors 10 Win
draw-an expedient whose wisdom Wa
shown in this trial. where one OF the jury
broke down.
The charge was then read by the Ciein
(greffier) and IL may be worthy or note
that the publisher was arraigned as prih-
cipal and lola as accompiice.
The authority Of the court Is 1orccd
upon the attention Of a stranger In many
ways during a French trial. Thus, the
Prosecutor asks leave 10 speak before nc
opens the case. and the President ioi
mally authorizes him. All questions are
propounded to the witnesses by the fres-
ident, not by the lawyers, who only IN
dictate them-a system which prevents the
reply TO an illegal question getting 10 tne
fury: which obviates unseemly wrangies
between witnesses and counsel; wnich
gives the witness a moment or renectioh
before answering but which also pre-
vents that occasional extortion or the
truth from an unwilling witness which
comes from rapid examination. "a
The causes Of Incompetence are more
numerous than with US. No witness who
is father, grandfather, son. grandson,
mother, grandmother, daughter, grand
daughter, or other relative, directly as
cendant or descendant, can testify Nell
Their can husband or wife, even after d.
nor any collateral relative to the fourth
degree.
Before opening the case The Avocat
General moved to exclude from the case
certain proposed proofs of facts as not
pertinent and submitted q written argu-
ment in a very condensed form, 20 sup
port his request. This writing Is called
his CONCLUSIONS" The accused replied
also by conclusions" and the Court,
after a brief elaboration, returned with
a judgment, also in writing. supporting
the demand of the Prosecutor. And so
throughout, every exception is presented
at once, in writing and every ruling Is
in writing, the latter terminating always
with q written judgment. Even so trivial
a matter as the substitution OF supple
mentary Juror, in lieu OF one disabled by
temporary illness, was the subject or
written judgment (arret, in the language
of the higher courts).
BUT ONE COUNSEL.
I may remark that each accused had
but one counsel, and. so far as my OBJ
servation goes. more than one counsel
never represents q French litigant, civil
or criminal. Zola would have had half
dozen in the United States.
one of the first witnesses. General
Gonse, gave occasion for Characters
tic incident.
In response 10 a question uropounded,
as the rest by the President. he replied:
II know nothing about it," and then
turning TO Maitre Labor, Zola's counsel,
he added: "These questions are mere
snares" 0raquenards).
Maitre Labor instantly arose, and.
amid a breathless audience, demanded
that the prosecutor should rebuke this
impertinence, adding that no other Ques-
ton should be propounded until this mat
ter was settled. The prosecutor remained
mute, when from every quarter Of the
bar rose the cry, lie Batonnier! lie Ba-
tonner"'
The batOnnier IS the presid ent Of the
Bar Association, his office dating from
the earlier days of the fourteenth century.
and among his duties is the defence OF
the rights Of advocates. This officer at
once arose and politely, but very firmly,
informed the witness that he must apollo
gize, which he straiShtway proceeded 10
| do
There is no corps In the world more
Jealous Of it's rights than the French
bar and its history is full OF illustrations
of the coercion of courts 20 respect these
rights by means of united action. No
trades union are more despotic than pro-
fessional ones. and among these none
surpasses, in this respect, the bar OF Pans.
The president in this trial, more than
once felt the weight of this force when
he permitted himself TO wonder from
strict imsartiality. on one occasion, in
sisting that Maitre Labori should abridge
his questioning the lawyer replied, 'All
the pity I feel for you in the annoyance
these questions appear TO give you VIII
| not cause me to shorten my examination
ono minute" And the court was silent.
on another, when the president permitted
some impatient exclamation to pass ms
| Inns Maitre Labor, with mock sympathy
| exclaimed. IF you only knew how 1t
wrings my heart to make you suffer
thusr
Not the least remarkable feature Of
| the trial 20 one habituated 70 our pro-
| cedure vas the extraordinary latitude
allowed to witnesses. many Of whom, es-
| pecially the military ones, made long
| addresses to the jury.
| THE whole trial was a duel between the
counsel and the court. the one TO intro
| duoe. the other to exclude all reference TO
| the Dreyfus affair, on the ground that
| the decision in that matter was chose
| tlgee-that is. an irrevocable and unim-
| peachable decision. which was unques-
| tionably true (res judicata). But, never
theless. the counsel won, and nearly
| everything of any interest In the Drey-
| fus trial was disclosed.
The constant reiteration by the court
| of the words, "la chose jugee," gave oc-
| casion for a rather dramatic retort or Me.
| Clemenceau, the counsel Of the publisher.
| Behind the seat of the judges Of the as
| size courts of France painting OF the
| Crucifxion is usually found. 1t is sup
posed. probably with no more reason than
| IS "kissing the Book" TO insure greater
| truthfulness Of testimony once, when
the court had insisted on the sacredness
| Of the "chose jugee." Clemenceau pointed
TO the Crucifxion and cried, There's an
other chose jugee'
After thirteen sessions the accused were
convicted, as must, indeed, have been an
| ticipated. The charge against them-to-
wit. the writing and publishing tf this
defamation that the courts-martial hat'
| convicted Dreyfus and acquitted Ester
hazy by order Of the government, vas, In
it's nature hardly susceptible of proof.
| since no witness would have been per-
mitted to affirm the fact if he desired,
which none Of them did. What was UNI
expected was the severity Of the sentence,
which was for the maximum fine and the
| maximum term OF imprisonment as to
| Zola.
The Court of Cessation, the highest
court OF appeal. and one which concerns
| itself exclusively with questions OF law
nuashed the sentence. on the purely tech
meal ground that the proceedings should
not have been initiated by the Minister
| of War but by the courts-martial who
| were assailed.
And on Monday next. the 23d. the trial
| ,,,tu again commence AZ Versailles