New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-20
FRENCH JUSTICE.

The matter which they order better in France
is not the administration Of Justice. That Is
sure. The criticisms upon French court pro-
cedure which have long been made. especially
BY those who have inherited the mienary-old
Code Of Alfred, seem not unmerited In the hight
Of the spectacle presented daily for the last
fortnight in the French Palace Of Justice. There
are abuses and at times scandals in our courts
no doubt There are ut times scenes which en-
title Justice to congratulaton on being blind
folded But any approxmatng 10 those IN
Paris would be impossible. and indeed incon-
ceivable in an American or British court Nor
is that merely because Of the difference IN tenn
permanent between the two races. Making all
due allowance for Gallo emotonalism and i'm
pulsiveness we must look further still for the
cause Of these strange scenes and shall find It,
al least to large extent, In French law ana
practice These latter are survivals OF ancient
times, IN which the might Of the accuser was
more potent than the right OF the accused; in
which. instead OF being deemed innocent until
proved guilty. a man was deemed guilty until
proved innocent, and IN which the prosecutor
and the Judge were one and the same. There
has been In France no such progress In turis-
prudence rs the English-speaking lands have
known And so It comes to pass that these eI-
traordinary scenes occur without violation OF
law and without being deemed by Frenchmen
at large at all improper.
II is we'll within bounds to say that no the
atrical farce or opera bouffe ever surpassed, IN
the elements Of grotesQueness and travesty upon
Justice. the scene presented in the lola trial on
Friday last. A general Of the army, Interested
In n peculiar degree In the cause Of the prosecu-
ton. was called to the witness-stand. The
Judge told him he was TO be examined as
witness Thereupon the general made brief
but impassioned stump-speech, and led the
throng Of spectators In an outburst OF cheering
for the prosecution. As soon as order was re-
stored the counsel for the defendant started TO
ask the general a question. you cannot" OK
claimed the Judge. "WhatT' asked the coun-
sci "No.' repeated the Judge. who five min
utes before had said the general was TO be ex-
amined ''You cannot ask him n single ques-
ton. Call the next witness" The next wit
ness was that Major Esterhazy upon whose
alleged guilt the whole case largely turns The
Judge asked him a question. Instead OF an
swerlnx, Esterhazy made a violent stump
speech insulting and abusing the defendant and
his friends At its end the Judge asked the
defendants counsel II he wanted TO ask any
questions Counsel replied that he was draw
ing up q formal application to examine the gen
eral whom the Judge had forbidden him TO ex-
anime. and would like to have it passed upon
first "Tut your questions TO Major Esterhazy
immediately" cried the Judge "or not at ALL
And the counsel venturng TO exnostnlate, the
Judge CURLY told him to shut up. and dismissed
Esterhazy from the wtness-stand. Later IN the
day Esterhazy was recalled and examined.
But he simply turned his back upon the counsel
and refused to answer single question; the
Judge declined 10 compel him 10 answer; and
the audience cheered and applauded frantically.
And the scene was ended by the Judge order
Ing counsel to stop asking questions.
The most remarkable thing in It all was the
Judges remark that above all else regard must
be had for the honor and security Of the Father
land That remark Is echoed on every hand.
It Is the shibboleth Of France. Don't reopen
1.-THE Dreyfus case. for the honor and security
"of the Fatherand" Don't let witnesses tes-
"tlfy, for the honor and security Of the Father
'landw "Spit upon Zola! XII Zola. For the
honor and security OF the Fatherlandr plum
der and pillage the shops Of Jews, for the honor
land security Of the Fathcrland" That, lit
orally. is the tone OF the French mob to-day, and
not Of the mob alone, but Of generals OF the
army and Of judges upon the bench. Is It pos.
eible that they think the honor Of France will
be INDICATED by suppressng the TRUTH Can
they be so blind as TO imagine that the security
OF the Fatherland will be promoted by letting
the suspicion ripen into conviction that high
civil and military officers consplre to shield the
guilty and condemn the innocent. and that Jus
tee IS not TO be had In the courts Of France?
To reopen and make public the Dreyfus case
would probably be to expose some unpleasant
things. Bnt tire worst that could come OF
IT, even confession that Dreyfus was made a
scapercat for anohcr's crime ard hat II WAS
Frances professed friend, Russia. that was