The times., 1899-10-06
EVIDENCE IN FRENCH COURTS.
Judges Required to Give Effect to
Their ..Inmermost Conyfctions.v
(From the Pail Mall Gazette.)

(From the Pail Mall Gazette.)
A "Frenchman" writes TO the 'tIlustrat-
ed London News" a reasonable protest
against some of the criticisms Of the Eng
lish press on the procedure OF the Rennes
court martial, and he rightly singles out
"one witness after another making what
are called here speeches and the repeti-
tion Of 'thearsay statements" as the Incl
dents that seem strangest to US. But he
points out that everything is done accord
ing to law, that both sides can and do avail
themselves of such opportunities, and that
the defence is quite able enough to pro-
tect itself against irregularity. He might
have put ii that French institutions suit
the French people from whose character
they spring. AS to the speeches, protesta-
tions. appeals, etc, of the witnesses, II 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
exclude the exhibition of emotion. With
us, OF course, nothing of the sort is writ
ten down, but every trial is an essay in
reasoning and strict argument, from which
feeling is as much as possible excluded as
II II were the solution of a mathematical
problem. And the two different proceed
ures are characteristic of the two peoples.
AS TO "hearsay'' evidence, the exclusion
of which with us almost amounts to mania,
there is recorded case as to the validity
of will in which it was held that the
declaration of one attesting witness, since
deceased, that he forged it was inadmissi-
BILE
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 unjust
and no minds without a legal training
least of all those of soldiers ipfiamed al
most 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 court-martial but no tribu-
nal, is fit to exercise judicial functions
unless it has had the training ofbthe judge,
and in time we may civilized countries
confining courts-martial to their original
jurisdiction-namely. offences on the field
in the presence of the enethy, and secur-
ing, for breaches of discipline or military
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 binding
on all men of honor, our judges would have
no more difficulty in administering that
than they have in dealing with their pres
ent heterogeneous work
AS startling as anything TO the English
lawyer is the expression OF counsel's opin-
ion in the innocence OF his client; to give
the details of the psychological moment"
of the birth of this belief as Maitre Labori
did is unheard OF here. There is story
that when James Alan Park afterward a
Judge, was addressing a jury he several
times very solemnly exclaimed, II cali
heaven to witness, AS God is my judge.
some time Lord Ellenborough quietly said
Sir. ! cannot allow the law to be thus
violated in open court / must proceed to
iine you for profane swearing five shillings
an oath. Ii is said the advocate himself
enjoyed this happy ridicule.