The times. [volume] (Richmond, Va.) 1890-1903, 1898-08-19

found its appropriate spokesman for the
public honor and the public safety. When
Otis, against the malignant power OF the
British Crown, pleaded for the right or
every citizen 10 be secure against tyran-
ny I'm his person. his home and his pap
ers and set the ball Of freedom rolling
when Henry led tho friends Of Colonial
rights I'm Virginia and shook the Cont
nent By the thunder OF his elOquence;-
when Hamilton by the main strength OF
his arguments carried the Federal Con-
stltution against defiant majority In
the New York convention whom Web
stcr by his majestic speech inculcated
IN tho hearts OF Americans that flaming
spirit of natoullty which saved the
Union twice and Will preserve IL forever
when Fessenden and lrumbull sacrificed
their political fortunes TO rescue the great
office OF the Federal executive from de-
structiOn,-they furnished examples Tor
the lawyers OF all times 70 stand ar all
hazard for public justice and for public
honor But it seems TO mo that H. would
be ont OF place for MS to-day 20 under
take to pronounce. as the organized rep
resentatives of the American Bar upon
the possible. but as yet unfOrmulated
questions in diplomacy. in policy, and in
public law which viii naturally follow
upon such a mOment0us struggle and
such overwhelming Victories by sea and
land. In the meantime l prefer. as 1 hope
you prefer 20 rely upon the wisdom and
the patience. the courage and the firm
ness. Of the President and his constitu-
tlonal advisers who have conducted the
campaigns Of our gallant army and
navy 20 swift and sweeping victory.
Ills SUBJECT.
Recurring then 10 the more strictly pro-
fessioual objects OF our meeting and se-
Letting topic pertaining 10 the science
Of Jurisprudence which this Association
was organized 10 promote, 1 have
thought thar yOu would indulge me for
q brief hour. I'm considering a subject
"a which ! could brne al least the re-
suits and convictions Of large expert
ence. and which have greatly az heart
a subject so trlte that perhaps nothing
new can be said Obout IL, which has
been more discussed than any other, but
which vet remains q subject Of every
fresh and vital interest 20 every Ameri-
can lawyer and Citizen-the trial by jury.
Since You last met, thrilling event of
prime Importance I'm its relations 10 juris-
prudence has occurred in France. which
must have arrested the attention ot
every thoughtful observer and have led
especially those sagacious, theorists who
have never tired OF denOuncing trial by
jury. ana those experimental philoso-
pliers and legislators who are always
seeking 10 limit or 10 mutndte II. or
tamper with IL IN some way or other.
10 reconsider the matter ana think ohca
more whether we should not do better
10 let Il alone or only sustain and i'm
prove Il so as 90 preserve 10 invio'hte,
as the constitution Of the United states
and those of most Of the states require.
You will readily recall the main Incl
dents OF the trial OF lola. An army
officer belonging TO a race obnoxious 10
the hatred and jealousy OF tire French
people accused OF an Infamous crime,
bounded by n licentlOus press. had been
tried and convicted by court marital.
and after the most shameful degradation
had been condemned f,r lie % solitary
confinement upon a rock 'n he sea, cat
ing out his heart with despair more Bit
Ing than the talons Of the vul,ir. or the
be7k of the eagle. He prot his
innocence. and scores Of the best men IN
France declared their faith IN 10 also.
among them statesmen Ard officials Of
high rank and character. and before long
II became apparent that, whether guilty
or innocent. he had been condemned prac-
tlcallv unheard and the government de-
clared that "reasOns OF state forbade
that the truth should be known. II was
at this point that ZOls. the mos noio-
rious at least II not the most powerful
OF French writer's. with courage and
n chivalrv never surpassed. took up the
unhappy victims cause. proclaimed his
innocence. and challenged the authorities
10 bring himself 20 trial for his accuse
ton against tho court martial, which.
as he declared. has covered the ilegality
of the conviction OF Dreyfus by the Ju-
dicial crime OF consciously acquittng the
real criminal.
JURY THE PROSECUTOR.
A Jury was sworn. but apparently rs
sole function was &C register the edct
of the government. the army and the
mess. which demanded conviction. or
course. the defendant vas presumed 10
be guilty until he should prove himself
70 be Innocent. but every effort OF himself
and his counsel TO elicit the truth was
thwarted. Hearsay was the main staple
OF the proceedings. 4 perfect pandemo-
MUM prevailed throughout the trial. and
M the end OF two weeks. as everybody
had known from the beginning, the hero
&. defendant was convicted and sentenced
and his principal witnesses were desrad-
ed or dismissed from the public services.
However satisfactory such "A method or
administering criminal Justice may be 10
the French people. who cling TO II
through all changes of government, II
could not but excite horror ana disgust
throughout the AnglO-SaNon world. we
could not read the account OF the trial
without contrasting IL with our own