Newspapers / The Asheville Democrat (Asheville, … / Jan. 2, 1890, edition 1 / Page 2
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JA!i)i;i'.S B0NHUMA1E. v- 'r i t rr .'. Bj MAX O'RELL,' Author of "Jonathan i and His Continent" j John Bull and His Island,1'.1 John Bull's Daughters, Etc. VIH-FRENCHj COURTS. rbey Are Not Much LUte English Court and They Resemble; Those of America Still Iess.1 i President Dupin, th greatest French jurisconsult of the century, once said: "If I were accused pi laving carried ofl the towers of Notre Datae in my pockets I would run away. V A more severe criticism Upon our jji dicial procedure could not have been! pronounced. But is it too severe? "Could voii believe. ! foi . . j I " ' i instance, that upon the least suspicion a French magistrate majr order, on his own responsibility a responsibility which i no one has a right to-question a search j.or an. arrest in any private house? He -may issue such a warrant upon any pre- .- sumption uncorroborated upon oath. In France we give! almost unlimited arbitrary powers to a legion of magis trates, whom we expert to live in a state of independence on a salary of 300 to 500 a year,! and who t are,"- for the most part, the failures of our bar. I warrant that there are: more judges in a French town of 50,000 inhabitants than in .the whole of EHgland---qulte as many, at all events. Judicial reforms have long, been demanded by the Democratic party but none have been made; land I am bound to say that nothing excites public minds f in France less than what passes , in the courts of justice. When the Frenchman lias paid his taxes he ment ought to see thinks the govern hat everything ia right. There are few countries, as I have said elsewhere j in which Dem cratio tendencies are more marked than in France. In spite ofj this, public opin ion does not concern itself about judicial proceedings; because ijjere is no country in which authority is less respectedj al though, Estrange to say there is not one I in which, it is more if eared and more easily submitted to. $Ve 6eem to accept j all forms of tyranny ijrj order, to shirk all j responsibility. Democracy writh us chief- ly consists in holding up to ridicule a which we in turn o ridicule those despotism, the acts ofj approve by holding up who are the victims of it.; Let us see how French justices proceed j with "Frenchmen in trouble." When ,! in j England,! a man is arrested and informed of the charge brought against him, he says "Very well,yoa will have to prove it:'1 and the inspector 'at the police station says to him, "I must caution you; against h taking any state- ; ment in fact, anythijn g. you say will j be used as evidence agaji ist you." When, in France, a man is aqdused--say, for in stance, of stealing a vva ;ch he is brought before the commissa ry of police, who in variably says to him., 'You are charged with stealing a watclil the best thing you I can do is to make a full confession, and the judge will be lenient with you. i If he is guilty and knows that the case is clear I against hini.j he -'immediately makes a clean, breast jjf it, and, as a rule, is quickly and leniently dealt with. But if he is innocent, or, if guilty , he thinks he can got out. of the &c rape, he of course answers "You are mistaken; I am hot guilty," ; and his troubles begin.. He is sent to prison, and the following day is j taken before the examining judge, called juge d'injitrtiction, ndt in public, but in a private room. 1 here" this ' magistrate says to hini point blhjik: "ou say you arc not guilty, of course.! If we were tc listen to all pf you, none would be guilty Now, enough of that inpn'sense. You are charged with stealing tnat -you are innoeera;. : iNow, it the prisoner is jruiltv. it must be difficult foi i him to prove that he is innocent: but, foi v' - ' 14... : that matter if he is iiijnocent, it may be iust as difficult. If tl firsi comer were to accuse me of haV "brella a few! days agoj, ily say that fwas innb1 "So you persist iii ng stolen his Urn- ll could more eas- ent than prove it. K'our denial," says the examining; judge to the Frencl: prisoner; "Very welllj I j will send yor back to your prjison. i time I send for "ou hope that next you will have re- fleeted, arid discovered that the best waj to serve your own in rests is to make a full confession." Nqf this is evading the lawi which says tl at a man arrested shall, the day after his: arrest, appear be- fore a judge. The ilMter of the law is carried out,' but not th b spirit; for no ex- animation takes place, and very often nc sworn evidence exists: me prisonei goes uacu to jail, and; gins to get lip the case against him. i Ii the accusation is of a i serious character the mail is placed au secret, that is tc say, that not only hei cannot communi cate with his friends, much less see them. but he cannot even see his counsel or; re ceive any legal advice. How long is; he to remain'; in preliminary imprisonment before being sent to a tribunal? ' This entirely . depends on the good pleasure of the examining magistrate who is allowed by the law to keep him s vear under (examination, i If at the enc of the year the case is not sent for trial the prisoner is discharged. I should. however, hasten to add that, as a rule. f for an ordinary theft, or an offense that does not require long investigation, the accused undergoes only from two to sis months' preliminary imprisonment be fore lie is brought before his judges. During thatj time he is' brought efnee oi twice a month to the Palais do Justice, to be asked jby the judge if "he still per sist in his denial." These visits to , the examining, judge are most dreaded by French prisoners, .especially in Paris. They sometimes have six, eight hours tc wait for their turn, in a little dungeor six feet square, where they get neithei food nor air. It is nothing short of tor ture, this inquisitorial j examination ir private. . When in the evening the pris oner see his cell again, it must look t him like paradise compared to the holi he had to creep into during the day. i At last, one day, he receives intimation that his trial will take place. V ! But, now, mark Jwell where the, systerr. is wrong. The) prosecuting magistrates, called the magistrature debout (because they prosecute standing)., and the judg ing magistrate, called the magistrature assisebecausejthey try cases in a sitting position), belong to the same set'. In deed, the prosecuting magistrates are ii time promoted! to be sitting magistrates The prosecution is not, therefore, inde pendent, as the defense is. The prison er'sj case is settled before he appears ir court; for both prosecuting and sitting magistrates 'havel held a consultatior over it, and thb s!pe0ch of the prosecu tion is merely delivered for form's sake. The bench of (the Police Correctionnelh is composed of three judges, so that ai least oni? ma be listening' when the other two aref asleep. These men have poWer to awarjd as much as five years imprisonment md five years' police su peryision. Nothing i is more prosy thai the proceeding! of this court of justice unless some watggish prisoner be bent or enlivening them by exhibiting his wit ir his answers. T le following pass of arms is still fresh in the memory of Parisians. "Prisoner," sid the presiding judge one day, "you tayj you are not guilty ol robbing the prosecutor; but he will pro duce three witnesses who saw you in the act of snatching his watch from his per son. j i . "Three! Is that all, M. ie President: Whjr, I could produce thousands whe didn't," . J - - I remember obe man who was accused of stealing geesje. Although plucked bj the prisoner, thb prosecutor maintained he had recognised them as his own. "From their Consumptive appearance, I suppose!" exclaimed the prisoner who, in France, can always speak at his trial "And how is it you heard nothing; when I stole them? oii ought to know that geese will make; a noise when interfered witli. Why, M la President, the prose cutor seems to be a most ignorant man. If he had read! his Roman history, he would know that the geese woke up the Romans one moaning by their noise and warned them of ;the approach of the Gauls." j i I ' The scholarship! of the prisoner was not appreciated Iby the magistrates, who gave him three! months' imprisonment. I was present ins the room, and I remem ber that the prisoner, as he was removed, exclaimed, "The: magistrates are as ig norant as the prpsecutor!" j ; One of the mofet frequent customers of the Police CorrectiOnnelle is the vagrant. In Franco a man is taken Up fori having no recognized means of subsistence. The first time he is convicted of vagrancy he is sentenced to three months' imprison ment. When ho comes out of prison he may have five or six francs in his pocket, if he has been industrious. His position is precisely the same las it was before he went in, except j ;hat jhe is nowja man who j has been t ? prison, and therefore work, if he be ver so anxious to get it, is not so easy to obtain. He fails to find employment, of course, and his five or six francs are tiioii exhausted: in a few days he is taken ; iipj again. I quite appr$ciate the answer once given by a fellov who was for the sec ond time charged with vagrancy. ""What are your means of subsistence asked the presiding judge. "Why, I have lived on them swered the prisoner, i 1 I This second time besides a term of six months' imprisoikmeni, the accused has to undergo fromjtwo five years' police supervision, which- means that he must report himself oce a week at the police station. Considering that, by law, Paris and the five oij six I largest towns ol France are closiedj to him, it would be just sis well, an4 much more human, tc give hini transportation for life at once. How is he likeljf to get employment in a town where he is seen paying his weeklj visit to the police station? In the large cities he might Ijave had a chance. When society, in the name of the law, deprives a man of his liberty, it under takes to saries of proviue mm witn tne neces life; but (if it discharges hinii from prison, telling hm he must providej for himself, ant at the same time im poses constraints upon him which make it pracsically in possible for him: to earn an honest living,) what is the .conse quence? Vagrancy b'ringt a condemna tion and police siipervision; police super vision brings impossibility to obtain work; impossibility , to obtain work brings vagranc j. This is the vicious circle in which be s virtually enclosed. If the proceedings of the Police Cor reetionnelle are dull and prosy, those ol the court of ssizes! offer a different sight. We are r ow in a perfect theatre. Nothing is wanting but stage boxes, and the division of seats into stalls arid gal leries. The prisoner liimself often for gets his awful pdsitiori, and thinks of the public who gaze at hinii He f eel3 like a sort of hero, the actorj in whom the in terest of the garid. spectacular drama concentrates. Indies Of the highest so ciety flock to tile court, duly provided j. with scent bottles and extra pocket hand kerchiefs. If , ai is the case in France nine times out lofj ten, a woman! is the cause of the prisoner's terrible position, they expect sensational scenes that would draw at the Port i St. Martin theatre, and they are seldom disappointed. At last a little- bell is ruiigL All are silent and breathless. The accused, accompanied by two gendarmes enters the court, and sits on a high btinch, well in view of ev erybody. Then j;ome the three judges, with their scarlet! gowns, followed; by the advocate general, J or public prose cutor. All take their seats solemnly. The performance is about to begin, i "Prisoner at the bar," says the presid ing judge, "stan'd up, and give me youi name and surnanie." Then the examina tion of the accused by the judge begins I cannot help thinking that the French are right in examining the prisoner be fore the jury. The French eye is remark ably quick to detect expression, and it seldom fails to j understand the move ment of the muscles of the face, Emer son said he knewf an experienced counsel, who once said 'to him that he nevei feared the effect Upon a! jury of a lawyei who did not believe in his heart that his client ought to have a verdict. Faces never lie. Truth tyrannizes over the ua willing parts of the body. No man need be deceived who will study the changes of expression. When man speaks the truth, in the spirit of J truth, his eye is clear and steady, s- When he lies, his eye is . dim and asquint. muddy. and sometimes : : vv nen tue prisoner s, examination is over, mo proceeamgs England, with the evidence of the wit nesses, the speech of the public prose cutor and the speech of the counsel for the defense. For tlie last few years the summing up of the presiding-judge has been clone away'j with; and a good thing too, for this summing jjp used to be t second speech for the prosecution. Now the jury retire to consider their verdict. In all cases, from" murder to assault, from forgery to ordinary theft, the jjurj have to answer the twQ. following ques tionsl 1. Is the . prisoner guilty of tht crime; he is charged with? .2. Are there extenuating circumstances? Take mur-1 der, for instance!. fThe law itself makes no distinction between the man whd has committed murder in a. moment of j pas sion, or jealousy, and the cold assassin who has long premeditated the death ot his victim to satisfy the basest of crav ings; but humanity does j A French jury will always award "ex tenuating circumstances' to a prisonei who may be supposed to have committed murder Under the influence of love, jeal ousy, revenge or despair- love especially. They will not uncommonly acquit a man, if his character is otherwise irreproach able, who has killed an I unfaithful wife or her lover. Besides, the idea of capi tal punishment j is abhorrent to the, French; and the jury will always try tc find extenuating circumstances to avoid sending a fellow creature to the guillo tine, j And even when their consciences will not .llow them to find these extenu ating circumstances, they i fondly cling to the hope that the president of the re public will commute the sentence of death to one of jpenal servitude for life. No wonder that there should be relatively so few executions in France; and no wonder that, when one takes place, there should be. a littlaeixcitement over ifci ' If the French executed criminals as freely as some of their neighbors do, they would in time get used to it and make no fuss ahout j it, and would thus save some for eign reporters the trouble of sending to their newspapers sensational accounts of "Exciting Scenes at the Scaffold."; ,! To turn to less j somber!'subjcts, I should like to say a word or two upon a kind of imprisonment that the" "republic has almost entirely done away with I mean the imprisonment j for press; of fenses. Under the: empire Republican journalists often got several months' im prisonment for writing: violent articles against the emperor or; his ministers Therel was really nothing very terrible about these condemnations except the name: of the thing. At the prison of Ste. Pelagie special quarters were reserved for such delinquents, and -they were tol erably; comfortable quarters, too. It is true, the prisoners door 1 was' locked at night by some one else on the outside in stead of bv himself on the inside; ! but that was almost the only, thing that could recall to him his position. All day long life was free to receive friends from the outer world, j QHeAYOiild arrive with the latest literary sensation, another with the foundation of a good lunch, and a right- merry time was! spent. When nothing more exciting offered. No. 8 could call on No. 7 in his room and jj be guile the hours with; a chat or -the com position of a newspaper article. The! di rector himself would call and see that ces messieurs were happy and comfort able, j j; - : i j U ' The amusing part of the bushier was that the populace imagined these poor journalists to be languishing on damp straw and living on bread and water; for fightihg their battles. When the prison er came out he was a hero to be wor shiped, and his sojourn at Ste. Pelagie often led to promotion and sometimes to a seat in the house of deputies. If it did not procure him this! honor it was a pow erful testimonial in case he ever needed another journalist!;! post. He was al ways proud to add at the foot of j his list of recommendations, ".Have suffered ' three months' imprisonment at Sto. Pela gie. Press offenses were tried in a certain department of the Paris correctional po lice cburt called the sixth chamber, and republican journalists had this name on the brain. One day!; a journalist friend of mine, in search j of apartments ! for himself and his wife, entered a house where; some were to let. j He applied to the concierge, who showed him over the place::; .j '. j ' ! , "You see," said the concierge, "there is a drawing room, a dining room, three bedrooms." ' ! "Well," said my friend, "that makes five rooms." : ; ' j ' "Oh! but besides," added the man, with a smile, "wo have a sixth chan ber" . ' ; - : ' ! j-;- That concierge must have wondered for a long time why the journalist toolf to his heels so suddenly. Notice. LAND SALE. Bv virtue of a deed of trust executed to me by D. FL Glass and wife, Ruth S Glass,1 dated on the 4th day of February. 1889, and recorded in the Register's Office for Buncombe County, in Book No. 15, page 186, for the purpose of se curing a debt therein mentioned, Lwill sell, at the Court House door, in the city of Asheville, at public auction, for cash, on the i j ' SIXTH (6th) DAY OF JANUARY, I A. D. 1890, three vacant lots and one house and lot, lying in the southern part of said city, all of whieh are fully described in said deed of trust.! J ; ' ! I 'j -,-!.- . i M JULIUS C. MARTIN, i Dec. 4, 1889 t w. 5 1 Trustee. i! TUNING j u is tie bust rans riPEl n tee tomJ." - 1 I I 1:1 Erery Miner or Metallurgist, and Every Investor in Mines finonia Jfceaa it. Contains eTery tMnp of interest and value ia min ing and metallurgy. The fullest mining news. . ! i The best coal, metal, and mining1 stock market Veports. i ; 94 a year for the U. S., Canada, ana .Mexico. , THB 8CIENTinO PUBTiTSnTlfQ 00, j 37 Park Place, New York. 7 J. B. BAIUD. Baird and Brother. : . : . :v i , i Leaders in Family Groceries. The! Best Krades at lowest prices. Everf thing a family wants kept. Country Produce and Good Butter specialties. Give us a call Will sill in quantities to suit purchasers octl0-6m ' ! a. r. 'EIIOX. CHAS. NEILSOK. NEILSON BEOS. '-I !H...; :. I - . i ; ,! Family. Groceries PINE STREET. The (best of Family Groceries,Canned Goods, etc!, etc., constantly kept. Fresh Country Produce anp Good Butter specialties. Give us acall.l ! :p I. -. ..i j, . -j j Selling strictly for cash, we can sell cheap. ! John G. Lindsey &. Sons, Go North Main Street, Asheville, N. C; I ! i )' i ' ! ' ' ! ! are toFering remains of f Summer Goods at a great reduction, : and are receiving from day to dajf new and seasonable stock meet the fall arid winter trade.' i I In addition to staple goods, aich all- must have, we are putting in a fresh lot of fashiona ble Dry Goods, a full line of Boots and Shoes, for men, women and children. Our stock is all fresh and of the newest for i fall and winter trade. We manufacture tin-ware, ; do all kinds of job work, and sheet-iron Jwork. Hooting and guttering a specialty. We propose making prices as low as any legitimate man can do. Thanking the pubUc for past patronage, and soliciting a continuane of the same, we are s i Very Respectfully, N G. LINDSEY & SONS. JOB octlO-tf HOW TO SECURE Good Tin Roof. A Send to K. & G. Taylor Co., for a copy of their j book on ROOFING TIN. " 5,000 Refer ences' and 50 Million Spuare Feet Used With out a, Single Complaint," is : its abbreviated title' f It gives full particulars about rooffing tin, paint, felt, etc., and how to protect your self against the use of inferior materials. It is a book of some 250 pages, profusely illus trated. N. & G. Taylor Co. are the originators of the O -o Taylor "OLD STYLE" Brand Estra Heavy Coated Boofmg Tin O o This fine, old brand of tin, has been found to be jut as good after forty years wear as when first put on. Samples and j book mailed free; N. & G. TAYLOR CO. Established 1810 80th year. i ChieWo. Philadelphia! Liverpool.! Jesse E. Starhes, Undertaker -AND- Arterial - Embalmer Office : No. 27 Xorlli Main St:, :. : ; j ' j f ASHEVILLE, N. C. calls promptly answered day or night. r Nov. 28, 1 y. HOLD ON ! Here I Am Again. With the Lest stock of Dry Goods Notions, Dress Goods, Ginghams, Do meskiics, jeans, Flannels. Blankets, Shoes, Boots, Hats, many of them, bought for llciss Than Cost Of Making. i j . - - Agent for some of the largest factories in the South, and can sell home-made jeaiis all wool filled, for less than you canget them at any store in the State. Graham's home-made shoes, all styles, as lowjias can be bought in the State. Every pair guaranteed, j A! great many goods were bought at auction, late in season, and hence can be sold lower than anj- other house in the State! can offer them. f Cajl and see. Prices made in the store! I ASltEYILLE DRY GOODS CO., j A J. O. HOWELL, Manager. No. 17 North Main Street, j ASHEVILLE LNE SHOP, NO. 8 BUTTR1CK STREET, MANUFACTURES AND REPAIRS i J Saw. Grist and Cane Mills. Ensrines. Shaft ings, Pulleys and all kinds of Machinery for the Farm or Factory. Farmers and Machinists i would do well to call on or addrss me before buying elsewhere. In connection with the Foundry I have fitted up a most exellent Grist Mill with a capacity of 150 bushels per day. Bolted and unbolted meal kept on hand and tor saie.j J. B. COLE, Prop. E. BAIRP. i FOUNDRY j' -AND : mm THE ASHElfIL A Large 8-page ( ROBT. M. FURMAN AND name and the life-jtime cieed of its edit Agricultural, The resources of echanical and Mining;; jvi .every county, the variou will have constan consideration.. The department for the Home Circle will . - - . - -I As THE DEMOCRAT is already assure of Asheville and all the Western Countijes . ' -- i ; . x i ' for advertisers. Rates will be reason Send in your names with the cash at once.: FURMAN - We will thank any one for any name" or nanies of friends residing in he States or Territories; that we may send spciinlm. copies of THE PEMOC jE UEIU0RA1 j' ' hi' r .y I I . 1 . !' .11! . -; jWeekly Paper, hi : .' . ' -v.- i .ii! 1 : " : I j Ii I! ! ; ; . 1 i i 1 1 r ; , : r I- ' ..vi'-.-.-.-., -i- 1 Tl IT Ai W. BY; 4 David M. Vanc- if ; . ii - I A I ASHEVILLE, IN. C THE PAPER FOES THE PEOPLE. It. jv'ill.be a large, 8-page, weekly paper, jctevoted to the b'ocial, Industrial and Political interests of Western Nortll Clrolina. It will be the earnest - i i ........ y r is ,j . endeavor of the -'editors to make THE DjM)CRA.T useful to the great and varied interestsk f -this rapidly growingcijt' and section. No efforts -will be spared to make it entirely acceptable l)eqatise of tts usefulness. DEMO C EJA.TIC -; J& POLITICS It will be Democratic in politics enfch&icallv and reliably so its :s i jppiy THE INDUSTRIAL INTERSTO OF THIS SECTION, ill ! xeceeive scecial attention, enterprises of all the people, i I .1 ; Ie coniplete. large circulation in the city iit .will be an excellent medium- I Address, THE ASHEVILLElsDEMOCR AT; i & VANOE, Editors, Asheville N. C.
The Asheville Democrat (Asheville, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Jan. 2, 1890, edition 1
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