The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-10-29
In A JAPANESE COURT
THE ORGANIZATION OF THE
NEW JUDICIARY OF
JAPAN J.
PERSONNEL OF THE COURT


The First Trial Under the New Law
Was That of an American-PrO-
cedure Largely Based on the Plan
of the French-InQuest Secret, and
the President Plays IL Prominent
Part.
Japanese law methods have lately ac-
quired q very practical interest for for
eigners. In the days of the old treat es
a glimpse of the Toxic appeal court was
merely an extra item in the progi ANNE
of the globe trotter, to be taken after eX-
hausting the usual weary round Of tenn
Pies teahouses and theaters, But since,
from July II, all legal questions, CIVIL
and criminal, affecting Europeans ana
Americans must come before japanese
judges the working of the tribunals or
the country can no longer be regarded
with mere hlle curiosity
Curiously enough a brutal murder Yves
committed by an American citizen on the
very day on which the revised treaties
came into operation, and the trial OF the
prisoner has afforded a good Illus ra-
tioA of the operation of the crlmlhal
code. In itself the crime was uninter-
esting-an affair worthy in its sordld
features Of the choice quarter In which
it was committed, the Blood Town,
which Rudyard Kipling has described In
his account Of Yokohama. The murderer
in fit of Jealousy, killed two Japanese
girls and young American who had
h;, In fha of
the women He was at once arrested by
the Japanese authorities and from II at
moment until the day of the trial moth
ing further could be learned concerning
him.
ALL PRELIMINARIFS SECRET.
Neither the inquest nor the preliminary
examinations were public, for japanese
Justice is based largely on the French
plan, and proceeds about its task with
a mystery and secrecy that make an
Anglo Saxon uncomfortable. The mise au
secret OF the French law is adopted;Athe
prisoner is visited by the pubic prose-
cutor, who comes alone into his cell, asks
innumerable questions and does his best
to entrap him into making admlss o-s.
Indeed it is still an open question
whether physical terror is not occasion
alIy employed to extort confessions OF
crime One very ugly case of the KIND
came to light a few months ago, and 1t
may not be wholly singular experience
Thus is the aete d'accusation prepared
It is usually very elaborate document
setting forth the whole details of the
charge in very fine and grandiloquent
language. The procurator describes the
scene as If he had witnessed 1t, ana
deals with the CORY passages In thssstyle
that the author of a shilling shocher
might well envy. This work of art is
launched at the prisoner at the opening
of his trial, and the president OF the
court takes 1t as the basis of his eXamHl-
alton. - o
And now as to the court and the
bench. The Yokohama chlpo saloanssno
district COURT is big modern building
of brick. one of the best Of Its kind IN
the empire and of course immeasurably
superior to most courts In the PROVINCES
It is arranged in European style. In the
criminal section is the counterpart OF the
dock the barristers' table and the Judges
bench, all as they might be in an Eng
lish court But, at the same time, there
is the usual Japanese air OF forlorn ul-
fidiness about everything Incomparaoly
neat and tasteful in their native areh1tec-
ture. their native dress and their natlve
gardens, the japanese are hopeless when
they do things a PEuropenne. In TINS
fine large building, for example, noors
are filthy, walls are scrubbed over with
foolish and dirty nonsense, gendarmes
and police smoke cigarettes in the CORR
doris and throw fag-ends everywhere, ana
one even sees the barristers table gar
nished with a row of teapots!
The court consists of three Judges, and
the procurator and the clerk of the court
occupy seats beside them. Their lordsh1ps
are all comparatively young men and APP
narently as able and intelligent as can be
expected Of officials who fulfill grave jul
dicial functions at salaries of from 41oo
to 92O0 per annum. They wear gowns
much like those of English barristers,
but instead of the horsehair wig the head
Is crowned with black cowl, something
like that of Catholic priest.
PRESIDENT CONTROLS IT.
Almost the whole Of the examination Is
In the hands of the president. The par
has a very subordinate part. Barristers
limit themselves to suggesting questions
and making applications; they do not
themselves examine witnesses: all ques-
lions are put through the presiding
Judge The propriety of any query the
latter may think fit to put Is apparently
never questioned, the japanese parrister
appearing to be very much less pugna-
cious and much more overawed by the
court than his British confrere. Less
time Is probably wasted than in an Eng
Ush court, but there is no question as to
which system is the more fair to the
prisoner.
Lastly, the judgment itself is curios-
itv. If this case be any criterion, the
president Of the court Is at least as anx-
ious as the procurator to exhibit his liter
ary powers. The sentence on this Amer
can citizen-he was condemned to be
hanged-occupied two reams of American
characters and it's translation would run
into six columns Of a newspaper. The
advice of the English judge who said to
young colleague, Give your conclus-
ions, nv dear fellow, but never your
reasons" is totally disregarded by the
Japanese official, whose Judgment is
practically one long argument, with the
purpose of proving the correctness of his
decision 1t is marked with very fine
writing The accused in this case was
q sailor and the weapon he used Is de-
Ecribed as being welded by an arm that
for thirty years had wrestled with the
angry wave" The scene Of the murder
was hit off in this word picture: Bones
splintered, pieces of flesh flying about,
brains scattered around, red blood we'll
ing forth, long hairs drifting on the CORY
stream" Prisoner had suffered ~disap
nointnlent Of some selfish expectations
and he Is described as being plunged
from the airy heights of hope into the
aisnal depths Of grim despair" What
Camberwell pennya-liner could compare
with this judicial paragraphist?
A JAPANESE DECISION.