Daily press. [volume] (Newport News, Va.) 1896-current, 1899-09-24
FRENCH LAW AND PROCEDURE.
Inc Procedure Is Beyond Criticism
Because the Law Is Queer.
(Pall Mall Gazette /,

CJ
"A 'Frenchman'' writes to TIE IIlus-
trated London News a reasonable pro-
test against some Of the criticisms Of
the English press ON the procedure OF
the kenneS courtmartial. and he right
~ singles out ''one witness after anoth-
er making what are callctl here
speeches.. and the repetition OF "hear-
say statements as the incidents that
seem strangeSt to US. But he points
out that everything is done according
10 law; that both sides can and do avail
themselves OF such opportunities. and
that the defense is quite able enough ia
protect itself against irregularity. He
might have put in that French institu-
tons suit the French people from whose
character they spring AS to the
speeches, protesta tons. appeals, ETC..
OF the witnesses, it is French law that
judges are to give effect to their intjma
conviction: that is. what in their heart
and soul they believe as the result OF
all that they have seen and hearC-a
vide character, which obviously does
not exclude the exhibition of emotion.
with us, Of course, nothing Of the sort
is written down, but every trial is an
essay IN reasoning and strict argument.
from which feeling is as much as posi-
BILE excluded as if it We're the solution
Of mathematical problem. And the
Two different procedures are character
lstic of the two peoples.
AS to 'hearsay' evidence, the exclu-
sion OF which with us almost amounts
10 mania, there is recorded case as to
the validity Of a will in which it was
held that the declaration of one attest
ing witness, since deceased, that he
forged it was inadmissi'ble!
But we cannot hoqd the balance s.
evenly in the item Of admitting the
opinions or prejudces of the Witnesses
on the issue in the case. That system
is clearly unjut. and no minds without
legal training, least Of all those ST
soldiers inflamed almost to passion BY
the honor of the army" can stand
much OF that sort Of thing uamoved.
Perhaps the truth is that not only no
cou1HtmartiaQ, but no tribunal, IS fit to
exercise Judicial functions unless it has
1!adthe training OF the judge. and, in
tlnle, we may see civilized countries
conflning courtmartial to their orig
mai JurlSdicton--namely, Dfrerses en-
the feld in the presence OF the enemy,
ana securing, for breaches of discipline
Or military rules a trial by the civil
magistrate, who alone is profcs sionalIy
competent to deal with them. If there
is a special code Of military honor diff
ferent from that binding on all men of
honor. our judges would have ro more
difficulty in administering that than
they do in dealing with their present
heterogeneous work
AS startling as anything to the Eng
fish lawyer is the expression OF coun-
sells opinion in the innocence Of the eli
cnt; to give the details Of the ''psycl:ol-
ogical moment Of the birth Of this be-
lief, as NJ. Labor did. is un11eard OF
here. There is a story that when James
Alan Park, afterwards a Judge, was ad-
dressing a jury, he several times very
solcnnIy exclaimed: II call heaven to
witness" As God is my judge After
he had gone on in that strain for some
time. Lord marlborough quietly said: