The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-19
CAILLAUX TRIAL
MAY LAST A WEEK
Slayer Of Calmette Will Begin
Fight for life To-
morrow.
NOW CASE WILL BE TRIED
asun" Correspondent Explains
French Court Pro-
cedure.

r,,r st.v has asked rs Parts correspond
49,. m poO, ow the differences boticeer a
Fr,nch ard an lmcrtcdu murder trial,
end Tie folio ring article Oires a uery
c,,q- ,ica toio Mmc. CdillduE t0iH DO
,risd.
PARIS. July a-The assIze courts In
p7-i. do NOT enjoy the unlimited con-
e4once OF pag.s.ans. II Is widely believed
tha, the Government In power can insure
,ba acqul'tal or conviction OF an accused
-,-sou as 10 wishes and when Nine. Stein
hell was acquitted there were many ready
10 explain that he verdict was an ar
ranged affair. that Nine. Steinhell had
sworn not t. divugc the compromising
s4e-ets size knew and IN return was to
he acquitted but that during the trial the
Judge and public prosecutor were to show
srrh bias against her that public feeling
would be turned Ia her favor and thus
sr0rove the verdict.
|. is hard. however, 10 understand how
he Government Of tho day can bring
pressure to bear on the Jury. Each year
a lst Of 5000 names Is drawn up for the
Seine Department by commissions meet
'7g az each city hall, consisting OF the
Nayor. municipal councillors and the JUS
tee Of tine peace. Every class of society
Is represented among these 1900 names
day lahoro-s having been included within
recent years In fac the only people ex-
rlv1ad aye those doing military service
and those who have lost their civil rights
,7o~ having been convicted Of some crime
These 1000 names are put into box
which "a locked Before each session the
r-esld.nr Judge OF the Appeal Court him
eel, draws by lot thlrty-six names from
'h!s BOX and these thir-y-slx supply juries
fYr the session. the Judge drawing twelve
W lot from them at noon before each
TRIAL
TIE public prosecutor and the defence
have an equal right to challenge any name
drawn until only twelve OF the thirty-sx
remain wNich twelve must be accepted.
Generally speaking. the public prosecutor
seldom exercises his right to challenge,
WHILE The lawyer for the defence often
does so 4 celebrated lawyer. Carrara.
bang called upon TO defend man ac-
cused 81 killing his mstresss husband.
Challenged every married man, and the
bachelor jurymen remaining acquitted his
Client
Duties Of the Jury.
Tie fury. once formed Is not supposed
10 discuss the case with any one. but the
Jurors are not locked up at night being
allowed &c go home to sleep. so that they
have every opportunity to read the news
papers and talk the case over with ac-
auantances During the trial they can
question the defendant and the witnesses.
bu' their questions must not bctray any
opinion an tho defendants guilt or !nno-
cence
When tho trial IL over hst Of ques-
TONS Is given thorn. TO answer, They
rc.rs 20 their consulting room and soldiers
Of the Republican Guard outside the door
prevent any access They vote by secret
ballot on Tho questions before them and
no ut,
vote OF SIX against six means acqulttal
They cav grant eXteuat!ng circumstances
In Nine, Ca.ii1UE's case the question put
70 them may he whether or not she Is
guilty ~ murder. but II the presiding
Judge prefers nc can add other questions
such as whether or not she IL guilty OF
causing wounds. which We're followed By
death, although not given with the inten'
ton Of causing IL. 1t Is generally ex-
peoted That ;u.s will be done in the Call
!auN case and II tho jury should accept
IRE second question the defendants culpa-
NIFTY will ~ course he greatly lesscncd
The code lays down the scale OF pen
a'es attached to each crime as Judged
by the Jury 90 that the Judge Il guided
ty the code entirely in giving the sentence
The court can oc Itself grant extenuatlnG
circumstances In addition to or In the alb
snce % those granted by the jury.
TIE public prosecutor draws up the lis
Of witnesses 10 he heard and sends II Il
ne defendant who can add any number
Tho partie o'vilc, that Is. the private indi
vdual who believes he has suffered
through the defendants act and so has
claimed monetary damages can also cal
witnesses. In the present case the chill
dren OF ". Calmette have constituted
Themselves tho partie civile and are claim
ing damages OF course the public prose
eNor represents the State and seeks IN,
punishment OF the accused person as hav
Ing injured society A partte civic 10 no
constituted IN every casa
The Judge.
There are more Than seventy Judges o
ns Paris Court Of Appeal. Three serv
TOT the Assize Court ono acting as presf
cent The president conducts the cas-
entirely, the two other Judges only befni
called upon In consultation as TO the sen
tenee Judge AIbanel will preside at tn
caA!aux trial. with Judges Katz ant
psoury az assistants on each side o
Mn Needless 10 say NJ Caillaux. VINO 4
PECULIARLY believed 10 be omnipotent, I
SAD TO have arranged tho trial 10 tina
Judge Aoanei will preside
The trial will open with the readinl
10y the greffier or clerk OF the oourt) o
me act or accusation Crawn up by tn
luoNc prosecutor. Thsn tho names o
we witnesses are read out they answer 3
mem and then are sent 20 tho wdtnes
room outside the court. whore they mus
tnlain until called 20 testify. after whtc
uey may remain in court
presidtnE Judges InterroEa tfon.
1he presiding Judge ehen interrosate
We DEFENDANT There 10 widesprea
oenef that French presiding Judge ACT
prosecutor and certainly the Judge
interrogation Of Nine. steinheu went IA
70 Justify that belief. But tho presider
supposed 10 be impartial, and his OF
.ec' IS TO elicit all tho facts OF the cas-
ron The defendant. The accused persoi
IN America, Ia supposed to be time
oeht out II must he said that an accuse
,n'son comes In TO tho Assize Court
'ahoe with far greater presumption {
tc't than IN England.
- JUICE dlns'ruction. who Is rel
supEe, not ~ such high rank as n
Pr Ing Judge ~ the AssiZcs, has fun
E'sts gated the Ease and has delivered
.'hc'' Ju''lrying the defendant bein
y ~ 10 Tia szslles, and this sentenC
o"en confirmed by the court OF mis-
%tusiron, sort OF grand Jury {
ates, Nevertheless the assl7
.'ge mas no right to treat the defendar
70 Say: ''''' ''' instant
''u, a" VS. wicked" but he ma
Nv The Public Prosecutor present.
tel you that your act was wicked
IT the Judas tr.,,yora...,, "a, ,.,,ias , {,