New Britain herald., 1914-07-29
.LAUDS SPEED OF
 TRIALS IN FRANCE
New York Judge Excited by RapIC'
 fly in Selection Of Jury.

New York, July 29.-In d despatch from Paris published a week ago yes- terday, attention was called to many points of difference in methods of the criminal procedure in this coun- try and in France. Judge Edward Swann. of the court of general sessions Of New York, discussing the Caillaux trial, pointed out yesterday particular points in one system and the other which he regards as superior.
 ''To the American lawyer and the Am erican public that has become familiar with the general scheme of criminal trial, there are many points ot striking difference with some of the features of the French method ap- pealing to us as excellent and others causing wonder and amazement," he said. The rapidity and despatch with which the French court of Assize selected the jury in this important case. which is destined to become d cause celebre' in the annals of French criminal trials, excites our admira- tion, but it would appear that the rules of evidence have gone to an extreme opposite to that which obtains in the American courts.
 Rules Too Narrow.
 While the rules of evidence with us are too narrow and exclusive the French system permits the witness to express his opinion in regard to a fact iii issue, to testify to what other per- sens, not present, told him. In the Caillaux trial M. Calmette's brother was permitted, to testify to what the deceased would have done had the defendant made d request upon him, thereby judging the operation of the mind of the deceased as affected by a possible state of facts
 Tt would seem from the request made to Mne. Gueydan, the former wife of M. Caillaux. to produce cer- tain letters in her possession, and her reply that she would produce them provided the court would permit all or none to be read, that theproduc- tion of the letters or documents was a question that was entirely at the option of a witness.
 Question of Self-Dcfcnse.
 'In France the question of what con- stitutes self-defense is not a question of law but in each particular case, it is question of facts to be determined by the jury. A jury may return the verdict of guilty with extenuating cir cnmstances,' and this form of verdict entities counsel for the defense to in troduce into his speeches facts, al- lrsions and intimations which appeal only to sympathy or passion. He may ask the jury to mitigate the law or to disprove it in it's application to the particular case at bar, thereby put ting sentiment above the law.
 The result is that in France, while the jllry nav racoppiZe that rnur- der has been committed, it may by its verdict declare that a particular murderer in question ought not to be punished. being influenced in the Judgment by momentary sympathy or passion.
 Species of Judicial Police.
 ''The examining magistrate is of a species of judicial police. He causes the statements of all witnesses to be put in writing and attested in the presence of other witnesses. All these original dispositions, together with the 'accusation'-the accusation is a clearly and lucidly arranged state ment of the facts in the case, usually drawn up with considerable literary skill-are delivered to the trial judges before the trial commences, so that the trial judges, unlike judges in America, are fully informed in ad- vance as to what the witnesses will testify.
 "A copy of all the dispositions of witnesses; together with a copy of the accusation which contains full and complete statement of all the facts proposed to be proved must be de- livered in advance to the defendant, who thereby becomes acquainted with all to which the witnesses will testify. Under the French law every person who witnesses a crime or has any in- formation in regard thereto is obliged under the law to give immediate mo- tice to the public prosecutor. This would be an excellent rule to adopt in this country.
 Jury Is Influenced.
 "It would appear that in France, while questions of fact are nominally for the jury to determine, neverthe- less the audience in the court room is so responsive to every sentiment and emotion caused by a piece of evil dence or the argument or even eX- clamations of counsel that it performs more than the functions of the Greek chorus in a classic drama, while the jury, being only human, must be swayed one way or the other under the influence of the psychology of the crowd and there often results what we may be excused for calling a re- call of the verdict before it is rem dered.
 ''The French system, even more than ours, allows wonderful latitude for the display of skill of counsel in def1ecting the issues from the true is- sue of the guilt or innocence of the accused. The report of the first day of the trial says that M. Labori coun-