The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-01-29

move over near the judges: no jurS
in such case. some OF the women
seeking divorces were good looking
and no doubt would be willing 70 risk
another venture. The lawyers wear
gowns and dark caps in court. They
have no jury in civil cases whatever.
and nave 3 jury in only a very fsw
criminal cases. where the punishment
is capital or the napTlsonment uNe
years or more. or IN political crimes
and offences where the press is cGn-
cerned. Capital punishment j. still
adJu2ged but .1ever carried OUT Even
in larceny there is no jury / saw a
woman tried for larceny and thre.
judges tried the issue Of her guilt
or innocence. Her lawyer was max
ing a game night for her. but the Bel
gian lawyer has a small ring in which
10 fipat. The judges can consider any
kin Of evidence they wish 10 hear. OF
they can reject any testimony they
do not care to hear. On.y the judges
can question the witness. and If they
start a swift and biased witness 70
talking the lawyer has no way ~ stop
ping the witness. Thei- rules of cBl-
deuce are net like ours. or rather the
judges are not hampered by any rules
Of evidence. They have no such thing
as cross-examination Of witnesses. The
nearest thing to il is. 4 lawyer may
ask the judge to please ask the VIII
I4tS- 1C LII ~ u IN "a - ~ 1eN+t 81
speak To the Witness An attorney
can address the opposing counsel only
through the court. There Is no Such
thing as side remarks or personal
'thrusts at the opposing lawyer. some
Of our lawyers would get in jail in
Iye minutes if they were To try q case
here. In the case referred u above.
the lawyer would speak To
the court. the court would make some
remarks to the prosecuting attorney.
and then the latter would address the
court. Part Of the time both lawyers
wore addressing the court at the same
time. ana once the court and botl
lawyers Were all taking at the sante
time. For small offences one judge
tries the case.
The great writ of habeas corpus
has no place III the Belgian law. Their
laws are takn from the code Napoleon
but modified to suit the spirit of mod
ern times and the customs OF the coun-
try. They nave no such institution
as the grand jury. but have a public
prosecutor" His functions correspond
somewhat TO those of our rand Jury.
lie is a lawyer (but does not practice
and lays criminal charges before q
crimina Judge and the latter issues a
warrant. Whenever a jury is allowed,
tWcnty-fOur men are summoned and
each side can stand aside six. Trials
are public. They have no municipal
courts. There are justices Of the peace
who may try petty The next
court tries any crime. and in civil mat
ters may try anything up to $500 with
out the right of appeal. When the
amount involved is over $500. the los
ing party may appeal. The next in
order is the Court Of Appeals and
then the "COurt OF CaSsation,' or Su-
preme Court. They have separate
courts for merchants and mercantile
matters.
Their laws and the method of their
administration are very different from
ours and possesses not the excellence
of our system. Their trial are tame
affairs. I wish they could see our law
yerS try a case. An old fashion rough
and tumble American trial would
shock Belgian judges and lawyers
but they would see 4 better method
of getting at the truth han they have.
Brussels, Belgium.