Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1914-07-30

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Champfort. a most learned academi.
elan Of the eighteenth century. spoke
verify when he said that public opin.
ion ia often the worst Of opinions.
1 This is certainly true IN this country
especially regarding foreign customs
For instance. In the mind of the i'm
mense majority even Of the best edn-
Gated class Of the American people. an
] individual. duly accused Of having
committed crime In France Is con-
sidercd here 'aa guilty until he proves
! his innocence. while. according 70 the
Anglo-saxon laws he is considered as
innocent until proved guilty" This
Is monumental mistake In France
even more than In this country, the
crime considered not only from It's
physical but from it's psychic point OF
view must be Enthusiastically proved
10 the jury. Tho wrong idea, con-
ceived IN this country about the
! French procedure in criminal cases. !.
the result Of the wide differences
which exist In these two countries in
the preliminary proceedings against
criminals
For instance. an individual ia ar
rested here as suspected u having
committed a crimeas a rule they do
not arrest them-he rs submitted 10
the third degree relic Of the me-
ileval ages. then, with all the witness
IS for the state, the county attorney
goes before the grand jury he pre-
HeHts enc side Of the question. the
states side. he asks for an Indictment.
az rule his request is granted. In
France they believe In fair play. A
murder has been committed. At once
the case is left 60 the discretion Of q
Judge d'lnstrueiion investigating
magistrate--who. being appointed for
life. is above political and other nefa-
rious influences.
Thls magistrate receives the testi-
mony Of an the witnesses for the
state. then the alleged culprlt is
brought before him. duly protected by
his attorney. who objects To any bull
dozlng or intimidation. Not only IS he
allowed 10 say what ne has 10 say for
tis defense. but he gives the names OF
all witnesses he wishes to have In his
behalf They are chilled before the
III ier and, In The presence Of the at
tornev for the defendant, give their
Testimony freely and fearlessly.
Therefore. the Judge Il instruction"
hears fully both sides Of the question,
From the hearing he forms an opin-
an II II Is favorable Ia the prisoner,
is fnal-thc prisoner * free. II, on
the contrary. he is iu favor of an in
dictmont. he sends All the documents
to the "procureur Of the rcpubliqne
general attorney This high official,
after having read catcfullv the report
pf the first Judge aud the documents
attached To II. expresses his own opin-
ION II in favor Of the prisoner, II Is
flnal--the prisoner Is free. If, on the
contrary, he Is also IN favor of an In
dirtment. he sends all documents, to-
gcthcr with his own opinion on the
eAse. 10 the "chamhre dc mise en- ac-
eusation. Il court which is composed
ct five Judges chosen among the best
iurisis Of France This high tribunal
decides finally whether or not an in
aictment must be issued. Is il won
der that, after such a thorough inves-
LEGATION by three different judges or
courts. the fairness Of any indictment
shanld he admitted without any dis
fussion by the public.
The part taken by the president Of
the 'cour dassises Is most import
amt In fact, be is what wc call here
the prosecuting attorney. In order 70
be absolutely fair To the defendant
and Ia the state IN avoiding undue
home influences. this high official IS
selected by the secretary of justice
from "a distant judicial district
I. Before the opening of the "cour