TRYING AN ACCUSED MAN IN FRANCE

Evening Post, Volume CXXIV, Issue 57, 4 September 1937, Page 27

TRYING AN ACCUSED MAN IN FRANCE

Sir Bernard Spilsbury, who is in Paris for the ' trial of Roger Vernon for the murd.er of "Max. the Red," may be amazed at French legal procedure, said a writer in the "Daily Express" at the time of the case —just as ama.zed as a leading French journalist who went to England to report a sensational murder trial. He tcilc} rc\§ ho,w inhuman he found an.English Court's atmosphere.

"Defending ■ counsel wa.s several yards away from the apcused- He never had_ a chance to put hjs arm round. his client's shoulder and CFX to him in ringing tones, 'Courage, my old. We'H down this, despicable band. of ruffians who seek your h.eag.'.

"So there can be no gloriqu.s: inqjr dents between defending counsel, the protesting Public Prosecutor, and. the apoplectic Judger^-all of which in France helps to' raise the sympathies of the public and the jury for^he accused." •

The ess.en.tia.l difference between. British and. French Justice i§ tHst. in Fra.nee there is, n« c|isc.o,v«]?aWe ; 4aw of evidence. In England a witness can only testify to, wha.f he., Mg himself witnessed. '■ ■' '. ■:'•-■'■'■.'• ■ '-.'^■''■•'■'

!■ He cannot deplore that he knp,\jjs I the prigpne? stole the pat, ibecaus^ although he did not,, exactly see tlje thief htaself, spmepne; else. W"hP-did tpld him so. -/, The foilpwing,''evidence" t.^ken from the. famous . pipeyfys, (JS^/wMi he laughed, out Pf m Knglishi c°Hrt v Major Uenrys A highly hpnewaWe peysoh told n>e in; Mairch, that an Pfflper- of the espionage byre^u of the War Ministry was a tracer-, Preyfus was in that, bweau; at that, time, I declare him the traitor. Maitre pesniinge (defending; Drey: fus)r I demand fee name of this honourable perspn.. Major Henry: When an pfflqer kppws a formidable Secret,; he, does not. confide it to hi? hai I swear that Dreyfus is fee traitpr, • _ ■. In England a witness's d\ity is to 1 answer questions; in France more often than not to make • passionate, speeches. The chief reason why- General de Pellieux was called-W the Zola case in 1898 was not that he knew any relevant facts, but feat he was ft so,u,n.d.

emotional orator who was expected to sway the jury.

In England counsel is forbidden to suggest the answers that he wants from witnesses; he may Hot say: "You were in the Strand on May 1?" but "Where were ypu -on May XV'

The innocence o,r guilt of the ac? cused is the all-important concern pf ah English Court, If he is innocent, free him. If guilty, sentence him, whether or not; if will break the heart of his aged mother (invariably brought into a French court if available),

Since JJptMi justice apfplies the law implacably; it also sees to it that the dj.ce are heavily loaded in favour of th,e accused, by the law of evidence, by forbidding mention of previous con-r victions which might influence the jury, and, above all, by assuming that the accused is. hin.qcerit until the prosecution proves }iis guilt. All this seems rather formal and inhuman in France, where everyone knows the accused is guilty; others wise he would, obviously not be in the, dock.

The Judge himself carries put what in England wp.uld aßipunt t« the Pubr lie Prpsecutpr-'§ examination. 91. accused. The "prisgnep protests his innocence.

"Yes, yes, , we've heard ajl that a thousand times "befoire in this, coyrt," retorts" the jildge impatiently, ••taut, just look at what'the police sa| about you—drunk, seven previaug cpnviiC.-: tions. Tut, tut!" Since the accused is guilty, the real object of a French trial becomes to seel "hosw "many "niitigating circiu^ staiices can be r«ked up. , If he <m get eppvigh ■ friends, to say how tofld. he is to his pld parents, or how many children he:has brpvjght intp, the world to fight for the patrie, it all helps terribly. Moreover, the ayerage F?enclim3 n has an instinctive disUfee for discipline. and "authority; there is no'sWy n^^ sense about contempt of court; consequently defending Counsel does, not hesitate tQ. sho.w tun J«dge and. PFPr secutor' to the jury as, prejudiced old fools. ' ~ in. sh.wt: It Iwere innQ?.en.t i vfpyid rather be Wed. in England, put. ?.l I were guilty twoiyld eitMr get, %. imjeh lighter sentence or get off altogether in France.