The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-08-19
THE lola TRIAL

80. Tbnpk. COT ho Is an AmVrieA"'
Hon Joseph H. choate, Of New York
4, ME address before the American Bas
Association. OF Saratoga yesterday
among other things said;
"Recurrlng then to the more strictly
D,ofesslonal objects OF our meeting ana
Collecting a topic pertaining to the
scIsnee OF jurisprudence. which this AS
s,clatIon was Organised to promote
s"vc thought that you would indulge
mo FOR a brief hour in considering
inject to which I could bring at least
,5o results and convictions OF large
o ',in and which hnve Erentiy az
Ssart-a subject so trite, that pefn9Ps
noIhIng new can be said about IT, WhicLl
Sos been more discussed than any
ntbor but which yet remains suoJect
~ ever fresh and vital interest TO every
American lawyer and citlzen-tne trI1l
he Jury. Since you last met me- thrii-
ling event Of prime Importance ~ Us
Telations to Jurisprudence mas occurred
An France, which must have arresteu
tbe attention Of every thoughttul Cd
server, and have led especially those
saraciaus theorists who have never
,ired OF denouncinU trial by jury ana
those experimental philosophers ana
LEGISLATORS who are always seeking 70
limit or to mutIlate It. or tamper with
a in some way or other, to reconsider
;ha matter and think once more whether
We should not do better to let II alone
or only sustain and improve II SO ms
10 preserye II lnvIolate, as the Constitu.
lion OF the United States and those oil
most OF the states require.
You will readily recall the main IN
cIdents OF the trial OF Zola. An army
officer belonging to n race obnoxious 10
the hatred and Jealousy Of the French
people, accused OF an Infamous crime,
bounded by court martial, and after
tba most shameful degradation, had
been condemned for life to solitary
confinement upon rock in the sea, eat
ing out his heart with despair more Dit
ing than the talons Of the Yulture or the
bsak of the eagle. He protested MS
Innocence, and scores OF the best men
IN France declared their faith In Il also.
among them statesmen and officials OF
high rank and character, and before
long It became apparent that, whether
guilty or innocent, he had been con-
demned practically unheard, and the
Government declared that reasons OF
State" forbade that the truth should
be known. II was ut this point that
lola, the most notorious at least, II not
the most powerful, OF French writers.
with a courage and chivalry never
surpassed. took up the unhappy VIC
tIm's cause, proclaimed his innocence.
"a fNRtN
himself to trial for this accusation
against the court martial, which. as he
declared. had covered the illepalltV Of
the conviction OF DreYrus by the judi
clal crime OF consciously acquitting the
real criminal. The government took up
the challenge, and then followed trial
which. for reckless and cruel disregard
OF every principle OF right and Justice
known to us. is surely without prece-
dent In modern history, and yet II pur-
ported 10 be 4 jury trial. a jury was
sworn, but apparently Its sole function
was to register the edlct OF the govern
ment, the army and the press, which
demanded conviction. OF course. the
defendant was presumed to be guilty
until he should prove himself TO be in
n0ceRt but every effort OF himself and
his counsel TO elicit the truth was
thwarted. A hostile audience. with
which the court room was packed, was
permitted to cover the accused with
COntumely "COnspuez Zolaw greeted
his entrance. Invective from Court,
prosecutor and witness took the place
OF evidence and OF argument. There
was no RIGHT Of cross-eXamlnation,, no
Law of evidence; -wltnesses who were
summoned defantly stayed away
those who came refused to testify fur
Their than theY chose, and were suffered
to harangue the jury for the prisoner
and against the p.isone-, and retired
amid irrepressIble applause" HearsaH
was the main staple OF the proceedings.
A perfect pandemonium prevailed
throughout the trial, and at the end Of
two weeks, as everybody had known
from the beginning, the heroic defend
ant was convicted and sentenced. and
his principal witnesses were degraded
or dismissed from the public services,
However satisfactory such method OF
administering criminal Justice may be
10 the French people, who cling to It
through all changes Of government, It
could not but excite horror and disgust
throughout the Anglo-SaKOn world.
The proceedings were read wherever
Zola's fascinating romnnces had pre-
ceded them. Every safeguard OF per-
sonal liberty enjoyed in England and
America for two centuries had been vIo-
lated. We could not read the account
OF the trial without contrasting It with
our own trial by jury. or without the
nious utterance from every lip. Thank
God! am an American"
Heroic lola! It is pleasaE. 10 think
OF him enjoying the free air OF Swltzer-
land after all having takcr French
leave Of his country. instead Of rotting
In the dungeon to which her despotism
under a republican mask would have
consigned him.
This signal event. so shocking 10 cur
sense OF Justice and right has done
more. am happy to believe, than whole
volumes Of argument TO strengthen and
perpetuate our faith In our wholly diff
erent system OF procedure for the nscer-
talnment Of facts on which HE, liberty
o. property are TO be brought in judg-
nrht. II VIII help to preserve In Its in
teErlty our precious trial oy jury, by
when no man can be deprived Of life or
ibeity by the sentence OF court until
MS quit has been proved beyond all rca-
sonable doubt to the Unanimous salts
Lag I oil twelve OF his fellow citizens,
anu anu no man can lose his reputation or
ms property by Judgment OF n court un-
~ py clear preponderance OF evidence
Ihs right to II has been dlsproved before
similar tribunal"
WHY A DISAPPOINTMENT?