The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-09-20
FRENCH LAW AND PROCEDURE.
The Procedure Is Beyond Criticism
Because the Law Is Queer.


From the Pail Mall Gazette.
"Frenchman" writes TO The Illustrat-
ed London News reasonable protest
against some OF the criticisms of the
English press on the procedure of the
Rennes courtmartial, and he rightly sim
giles out "one witness after another max
ing what are called here speeches" and
the repetition of "hearsay statements" as
the Incidents that seem strangest to us.
But he points out that everything is done
according to law; that both sides can and
do avail themselves of such opportuni-
ties, and that the defense Is quite able
enough to protect itself against irregular
ity. He might have put il that French
institutions suit the French people from
whose character they spring. AS to the
speeches, protestations, appeals, etc, of
the witnesses, 1t Is French law that
judges are to give effect to their intime
conviction; that is, what in their heart
and soul they believe as the result OF
all that they have seen and heard-a wide
charter, which obviously does not ex-
clude the exhibition of emotion. With us,
of course, nothing of the sort is written
down, but every trial Is an essay in rea-
soning and strict argument, from which
feeling is as much as possible excluded
al II II Wttt AiiC Gpihtlpt ol n Hldtuf-
NAUTICAL problem. And the two different
procedures are characteristic of the two
peoples. 80
As to 'hearsay' evidence, the exclusion
of which with us almost amounts 10 ma
mia, there is recorded case as to the va
lidity of will in which II was held that
the declaration of one attestng witness,
since deceased, that he forged 1t was in
admlssiblel
But we cannot hold the balance so even
ly in the item Of admitting the opinions or
prejudices of the witnesses on the issue
in the case. That system Is clearly I'M
just, and no minds without legal train
ing least of all those of soldiers infamed
almost to passion by the honor of the
army" can stand much OF that sort Of
thing unmoved. Perhaps the truth is that
not only no cOurtmartial but no tribunal
is At to exercise judicial functions I'M
less IL has had the training of the Judge
and, in time, we may see civilized coun-
tries combining courtsmarual to their orig
inal Jurisdiction-namely, offcnses on the
field in the presence of the enemy and
securing, for breaches Of discipline or mill
itary rules trial by the civil magistrate,
who Is alone professionally competent to
deal with them. If there is a special code
Of military honor different from that bind
ing on all men of honor our judges would
have no more difficulty in administering
that than they do in dealing with their
present heterogeneous work.
AS startling as anything to the English
lawyer Is the expression Of counsers opin-
ion in the innocence Of his client; to give
the details OF the psychological moment"
of the birth of this belief. as NJ. Labor
did, is unheard of here. There is a story
that when James Alan Park, afterward
a judge, WAS addressing jury he several
times very solemnly exclaimed: Il cali
heaven to Witness" "As God is my Judge"
After he had gone on I'm that drain for
some time, Lord Ellenborough quietly SAID:
Sir, ] cannot allow the law to be thus
violated in open court; ] must proceed
10 fine you for profane swearing IS an
oath" 1t is said the advocate himself en-
joyed this happy ridicule."