The San Francisco call., 1906-06-17
Accused Persons Presumed to
Be Guilty Uudl They
Prove Otherwise.
Stigma Remains Even in Cases
Where Pardons Have
Been Granted.
Lapse Of Memory Costs One Of
Republics Citizens Term
in Prison.
srrc1AL cABLE To Lee 49,

fully accused Of a crime in France,
said an American resident of Paris
who has carefully studied French jur-
isprudence. 4 should fee the country
rather than await trial That is how
much cond -.nce have in justice
here
The remark was called forth by the
case OF the innocent convict, Loize-
mant, recently liberated conditionally
with his guiltlessness practically es-
rablished and universally admitted
though he must remain disgraced anti
q lengthy process of revision has
cleared his character,
II might have applied TO scores OF
cases no less striking. no less deplor-
abe. If perhaps less notorious. For
me law Of France still holds that ar
accused man is guilty until he has
proved his innocence. None except the
mans vin6ictive enemies may believe
an guilty OF the crime with which
he = charged. but the accusation once
SrouSht he falls victim to the qUes-
enable principle Of presumptive cul-
pabiiitv The supreme safeguard OF
the Anglo -Saxon's liberty. presumptive
innocence. is thus reversed TO become
the most serious menace to the
Frenchman's life and honor.
From the numerous cases which
might be cited 10 illustrate the horror
OF this system, that Of Emile Loize-
nant while being the most recent. is
likewise the most characteristic of the
responsibility with which the rigors
OF French law are supplied
PARDoNED BUT DTSGRACED.
Loizemant was accused of having
murdered the wife of the tax receiver
in Ribemont. not far from Laon. There
was no evidence against him except
the testimony of a man notorioUsly his
enemy Other witnesses had nothing
further TO say than that they did not
consider him sympathetic" Loize-
mant called upon 10 present proof that
he had not committed the murder
could only reply that he deied any
body TO prove that he had committed
it The consequence was that. on the
shee- presumption of his guilt he was
condemned 20 be guillotined.
When the "dossier" Of the case was
submitted TO the President of France
as is the custom before a man is put
10 death. ". LoUbet expressed amaze
rnent g the aimSiness of the evidence
anc refusing 10 countersign the death
warrant. he changed the sentence to
lard labor for life.
The case still remaining before the
public. and the General Association OF
French Tax Receivers having inter
ceded in LOizemants behalf. NJ. Loubet
again modified the sent tence to five
years solitary confinement Loizemant
had served only two years and halt
when his prison doors were thrown
open and he was allowed 10 go free
But in the eyes Of the law he is still
a murderer and o convict. and must re-
main so until he can accomplish the
impossible and prove that he did not
do what nobody can prove he did
Three. other cases which are being
agitsted together with that of Loize-
mant are those OF the ex-convlcts
Eawis. Chales and Gauthier. all as in
nocent as human evidence can make
them. yet al victims of Presumptiv'
guilt
REHEsAEING DENIED.
Louis Hawis. q Belgian. was arrested
IN 1875 in the Oise Department. charged
with having murdered a man named
Hamelin. whose body had been found in
the Disc River near the famous Cha
teau Of Compeigne The only witnesse:
were two disreputabIe women, who al.
legged that they had seen HaWis throw
the body into the water. The fact thai
the spot where they declared Hawi:
had committed this act was three hun
dred feet beneath where the corps
was found in the river, so that i
would have had TO drift up stream, wal
not allowed consideration. Hawis wa.
condemned to penal servitude for life
After twenty-five years of hard labor
he was recently released, his term hav-
ing been shortened on account OF exem
plary conduct.
Returning 10 the outside world he
found that one OF his accusers had
.5ied and the other acknowledged thai
both had perjured themselves in order
70 incriminate him from spitefulness
Hawis Immediately applied for revi-
sion, and extraordinary as il may seen
the reopening OF his case was refused
Such permission would have inferred
the posi- bility Of an error. even though
the original sentence might have beer
confirmed, and the Judge, who con
sidered his reputation at stake, would
not admit OF a question.
VICTIM OF BIG DLUNDER.
Jean Chales may claim to be the vic
tim OF one OF the most extraordinar,
blunders ever committed TO his owl
prejudice by a man pleading for hi:
head. accused OF killing a certain
Madame Durantin in Agen. he had beer
arrested, released from lack of evi
dence against him and rearrested or
the strength of village gossip.
He was called upon to explain the
IltcCAtt VI DlDOQSldiHS III one OF nls
pockets. AS II happened he was a no
torious poacher, which fact had NOR.
10 do with his arrest than anythins
connected with the murder. He an
swered simply that he habitually useC
his pockets to carry the game he haC
bagged This statement being in
scrlbed by the official stenographer
chemical examination of the blood
stains was ordered and showed tha
the blood was not that of featherec
game. but Of mammal Chales ha,
forgotten TO mention that the day be
fore his arrest he had carried a calf
heart in his usual game bag; his repl,
had been taken down officially and n,
correction was allowed.
On account of this slip Of his owl
memory he was judged guilty and sen
fenced TO the penitentiary for life
After twenty-five years he has beer
conditionally released like Hawis. bu
nobody IS willing to authorize an in
quiry into the conditions of his con
demnation.
EVIDENCE Is BARRED.
Louis Gauthier. now 81 years of age
was condemned when a lad Of 16 70
alleged completely with his mother