CHAPTER VIII
A CHAPTER OF FRENCH JUSTICE AS DEALT
OUT IN THE DREYFUS CASE
A good many people do not understand the method of French courts of law. Take the Dreyfus case, for instance. It has been dragging along for years, and the more evidence accumulated by Captain Dreyfus to prove his innocence, the greater seems to be his portion of woe. He has been vindicated over and over again and the vindications simply make him more unpopular with those who prefer to regard him as a mysterious and melodramatic villain.
People living at home have never understood why Captain Dreyfus was convicted in the first place. That is because they are not familiar with the workings of a French court and cling to the Anglo-Saxon rule, that every man must be regarded as innocent until he is proven guilty. The French say that trials may be greatly simplified if the presumption of guilt is attached to every defendant in a criminal case. When the presumption of guilt is combined with a personal unpopularity, the prisoner usually finds it advisable to throw himself on the mercy of the court and accept a life sentence.
In order to elucidate the rules of procedure in a French court and show how and why Captain Dreyfus was convicted, let us suppose that French methods could be transferred to the United States and applied to an ordinary criminal case—say the theft of a dog. Here is what would happen.
The Court—"Prisoner, you are accused of stealing a dog. Are you guilty or not guilty?"
Prisoner—"Not guilty."
Court—"Well, someone stole a dog, and if you refuse to acknowledge your guilt, we may be compelled to cast suspicion on gentlemen who would be deeply pained to have themselves interrogated."
The Prisoner—"How can I acknowledge my guilt when I didn't steal the dog?"
Court—"That isn't the point. The point is that a great many prominent and influential people have said at different times that you stole the dog. Now, if you come before the tribunal and prove that you didn't steal the dog you are going to humiliate a great many well known and sensitive persons and make the whole situation very distressing to me. It would simplify matters greatly if you would admit that you stole the dog."