CHAPTER LX.
OPEN COURTS.
Offenses like those of A—— (some twelve years old), in which a great offense was proved, yet justice was defeated more than half, in spite of the imperial wishes, led the council of state into considering how far it would be well to replace the secret commissions by regular courts of law.
The public benefits of such a change were obvious. Justice would be done, with little or no respect to persons; and the Emperor would be relieved from his direct and personal action in the punishment of crime. But what the public gained the circles round the prince were not unlikely to lose; and these court circles raised a cry against this project of reform. "The obstacles," they said, "were vast. Except in Moscow and St. Petersburg, no lawyers could be found; the code was cumbrous and imperfect; and the public was unprepared for such a change. If it was difficult to find judges, it was impossible to find jurors." Listening to every one, and weighing facts, the Emperor held his own. He got reports drawn up; he won his opponents over one by one; and in 1865 the council of state was ready with a volume of legal reform, as vast and noble as his plan for emancipating serfs.
Courts of justice were to be open in every province, and all these courts of justice were to be public courts. Trained judges were to preside. The system of written evidence was abolished. A prisoner was to be charged in a formal act; he was to see the witnesses face to face; he was to have the right, in person or by his counsel, of questioning those witnesses on points of fact. A jury was to decide the question of guilt or innocence. The judges were to be paid by the crown, and were on no pretext whatever to receive a fee. A juror was to be a man of means—a trader, a well-off peasant, an officer of not less than five hundred rubles a year. A majority of jurors was to decide.
The Imperial code was brought into harmony with these new methods of procedure. Capital punishment was abolished for civil crimes; Siberia was exchanged for the club and the axe; Archangel and the Caucasus were substituted for the mines. The Tartar punishments of beating, flogging, running the ranks, were stopped at once, and every branch of criminal treatment was brought up—in theory, at least—to the level of England and the United States.
Term by term this new system of trial by judge and jury, instead of by secret commissions, is now being introduced into all the larger towns. I have watched the working of this new system in several provinces; but give an account, by preference, of a trial in a new court, in a new district, under circumstances which put the virtues of a jury to some local strain.
Dining one evening with a friend in Rostof, on the Lower Don, I find myself seated next to President Gravy, to whom I am introduced by our common host as an English barrister and justice of the peace. The Assize is sitting, and as a curious case of child-exposure is coming on next day, about the facts of which provincial feeling is much excited, President Gravy offers me a seat in his court.
This court is a new court, opened in the present year; a movable court, consisting of a president and two assistant judges; sitting in turn at Taganrog, Berdiansk, and Rostof, towns between which there is a good deal of rivalry in business, often degenerating into local strife. The female accused of exposing her infant comes from a Tartar village near Taganrog; and as no good thing was ever known to come from the district of Taganrog, the voice of Rostof has condemned this female, still untried, to a felon's doom.
Next morning we are in court by ten o'clock—a span-new chamber, on which the paint is not yet dry, with a portrait of the Imperial law-reformer hung above the judgment-seat. A long hall is parted into three portions by a dais and two silken cords. The judges, with the clerk and public prosecutor, sit on the dais, at a table; and the citizens of Rostof occupy the benches on either wing. In front of the dais sit the jurors, the short-hand writer (a young lady), the advocates, and witnesses; and near these latter stands the accused woman, attended by a civil officer of the court. Nothing in the room suggests the idea of feudal state and barbaric power. President Gravy wears no wig, no robe—nothing but a golden chain and the pattern civilian's coat. No halberts follow him, no mace and crown are borne before him. He enters by the common door. A priest in his robes of office stands beside a book and cross; he is the only man in costume, as the advocates wear neither wig nor gown. No soldier is seen; and no policeman except the officer in charge of the accused. There is no dock; the prisoner stands or sits as she is placed, her back against the wall. If violence is feared, the judges order in a couple of soldiers, who stand on either side the prisoner holding their naked swords; but this precaution is seldom used. An open gallery is filled with persons who come and go all day, without disturbing the court below.