New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-02
FRENCH JUDICIAL REFORM.
.,,.ruoDs INHERITED FROM THE INQUI-
srTIoN LIKELY TO BE ABOLISHED.

,rcpr.r EXAMINATION or PRISONERS AIDEADY
DONE AWAY WITH THE AWFUL INJUSTICE
TO vAUX AND rETIT-INFLUENcE OF
TIL uHEYFvs CASE TIRE DE
M,ND FOR REFORM.
Paris December H.
IN Saturday a law was promulgated and went
,,,o force embodying the most memorable re-
,orn effected in French criminal procedure dur
Inc the present century. The secret eXamina-
,on ~ prisoners handed down from the Middle
AGES. and in 1S0S Incorporated in the Code Ma
,oleon. is now abolished. Ii is almost impossi-
,,e for an American not familiar with recent
rrench criminal trials. or who has not read the
tales of Gaboriau or Ponson de Terail. to form
an ADEQUATE idea Of the judicial torture to which
persons accused Of crime were until last sat
urday liable 10 be subjected.
Whenever a crime is committed in France all
suspected Of guilt or completely. or who are
merely supposed to have special knowledge OF
facts useful TO justice" are brought before a
iuee d'instruction or examining magistrate
The examining magistrate is judge Of
Court Of First Instance intrusted with the
PREPARATION Of the case which eventually comes
I'D for trial before a Court Of Assizes or Court
OF Correction. according to the nature OF the
crime or misdemeanor The professional career
o, the examining magistrate usually depends
upon the degree Of skill and ingenuity with
which he succeeds in building UP system
as it is called for the prosecution, and upon
which tho ambitious magistrate bases the actc
daccusation. or indictment which usually APP
x-f,af.r lisnaf
power invested in the examining magistrate is
a relic Of the days Of the Inqusiton, and the
number Of instances Of miscarriage of justice
and Of convictions Of persons whose innocence
was subsequently, established by irrefutable evil
dence were SO numerous as to cause public
agitation.
Last year NJ. Constans drew up a bill which
in November passed through the Senate and
Chamber Of Deputies. and has now become law,
providing that no one arrested on suspicion can
be detained more than tWenty-four hours with
out being taken before the magistrate public
prosecutor II then still retained, he is to have
the assistance II counsel, who must be present
when The accused is examined or confronted
with witnesses NJ. Willard, the Minister Of
Justice, in a circular to the magistrates and
public prosecutors cnjOins them to cooperate
in this work Of progress. which Is solely in
splred by the anxiety to strengthen the princ-
pl> Of personal liberty and to guarantee more
completely the right Of defence without detr-
ment e. The interests of social order"
To realize the importance Of this reform II
should he remembered that hitherto the ex-
aiming magistrate could upon his sole au-
thoriiy cast the accused into prison. whore. de-
prived Of all communication with friends or
legal advisers he might remain for days, weeks
or even months until brought out for secret
examination He could be Unexpectedly con-
fronted with witnesses. examined, or in
cuced 10y false suggestions or suppressons Of
facts or clever promises into admissions which,
under the d,xtorous hands Of the magistrates,
would frequently appear in the indictment as
confessions Of guilt. Fortunately for humanity
this iAquis.toriai procedure is now done away
with
During the last four months there have been
not less than seven clearly established cases Of
grave miscarriage Of justice. the most appalling
OF which is that II two men. named Pierre Vaux
and Jean Petit. who on June % 1852. were
Sentenced 10 deportation and hard labor for life
on a charge ~ having set fire TO a barn. These
unfortunate men were arrested on suspicion.
and after being separated and kept for
Gays IN solitary confinement. in unlghted cells
SIX by three feet, were taken out and were
Questioned and cross-eXamincd in secret.
At unexpected moments they were confronted
with witnesses. and again and again harassed
oy the systematic cross-quesuoning, until at
last their nerves gave way under the moral
pressure brought 20 bear upon them during their
long period Of ISOLATION from friends or counsel
Their statements became 50 involved and con-
nicting that tine examining magistrate was en-
aDled t. ORA" up a masterpiece in the way of
indictments. which led to the conviction Of both
The accused
They both died in 1879 while undergoing their