Paris, From the Earliest Period to the Present Day; Volume 2

by William Walton

The Tribunal de Simple Police is provided with apartments on the ground-floor, almost in the basement, of the Palais de Justice, under the stone arches that date from Saint-Louis, and where the atmosphere is always damp, chilly, and sombre. The Juges de Paix, in addition to their civil functions, are charged with sitting in judgment upon these petty misdemeanors, and they take their places in the Tribunal alternately, a week at a time. In addition to the Juges de Paix, the court is composed of three Commissaires de Police, delegated by the Procureur général, who fulfil the functions of the Ministère Public, one as Chef de Service, the two others as Substituts, and of a Greffier en chef and of four commis-Greffiers.

A grade higher in the judiciary scale is the Tribunal Correctionnel, which sits in the wing of the Palais on the south side of the court of the Sainte-Chapelle, and which occupies itself with what may be called the bourgeois of crime and poverty. The sittings of this court draw so many spectators that the visitor is frequently stopped at the entrance by the Garde Municipal, who says: "C'est complet!" like an omnibus conductor when his vehicle is full. Four Chambers are devoted to the sittings of this court, two on the first floor, and two on the second; on each of these stories is a Salle des Pas-Perdu. All these halls of justice are thronged by such a compact and democratic crowd that one of the attributes of the magistrates is a little flask of vinegar or smelling-salts placed on the bench, by the side of the Code, before each of the three judges of the Tribunal and before the Substitut. The avocats do not enjoy this privilege, nor the Greffiers unless they have been very long in the service of the court. Here, also, the pressure of affairs is so great that the judges leave the bench, saying to their consciences: "Well! those who are innocent can appeal!" The terror and ennui of the law are, however, so great that but very few of those condemned do thus appeal. One of the characteristics of this tribunal of the Police Correctionnelle is the number of avocats raccrocheurs who infest it in the search for clients of any degree, and who seem to bear a close resemblance to that unsavory class known in New York as "Tombs lawyers," or "shysters."

In the rear of the Palais, looking out on the Place Dauphine, is the Chambre des Appels de Police Correctionelle. The Salle d'Audience is a vast, chilly, and cheerless hall in which the appellant follows anxiously the retrial of his case in the formal and dispassionate résumé of the magistrates. The president begins by interrogating him courteously on his age, profession, etc.; then he says, with equal civility, turning toward one of his colleagues: "We will now hear Monsieur le Conseiller-rapporteur." One of the group of seven counsellors thereupon proceeds to read a strictly legal and impartial summing-up of the whole case, quite devoid of literary ornament or of personal observation; when he has finished, the president, turning again to the appellant, directs him to arise and interrogates him summarily on the principal points of his affair. During this examination, the counsellors, for the first time, turn their attention upon the appellant, but very briefly, and then, like magistrates whose judgment is quickly enlightened, resume the various occupations in which they have been engaged. Then the president calls upon the counsel for the defence; to him replies M. l'Avocat général. After these two orations, pro and con, the president announces that "the court will now deliberate;" all the counsellors rise, and, after some moments of consultation in a circle behind the arm-chair of the president, retire in procession into the Chambre du Conseil. This journey indicates that there is a question of law to be considered. Otherwise, the decision would have been rendered immediately, upon the spot.

The poor prévenu draws favorable auguries from this solemn deliberation. But his hopes are generally dashed; the court, usually, retires into the Chambre du Conseil only to correct the law, while affirming the decree, of the lower court. The president re-enters, the dossier of the case under his arm, and followed by his six counsellors; he proceeds to read the decision of the court, setting forth that, while the reasonings of the lower court are entirely erroneous, its conclusions are, nevertheless, irrefutable. Sometimes, however, this court, called the "Chamber of Bishops" by Henri Rochefort, demonstrates its judicial independence by overturning the decisions brought before it, even though they may be sustained by the popular verdict,—as it did in the case of M. Wilson.

The jury system of France resembles, in a general way, in its alleged safeguarding of the public liberties, and in its injustices, inequalities, and obstinate bringing to the service of Themis the uncertain aid of Chance and of Prejudice, that of the United States. Each year, in each canton of France, these generally unwilling aids in the administration of justice are selected among the respectable citizens by a council composed of Maires, Juges de Paix, and Conseillers généraux. Their names, forwarded to the central judicial authority, are subjected to a second revision, by a commission sitting in the chief town or the capital. In this manner is obtained the "general list of the jury;" from this is drawn by lot, every three months, and in Paris every fortnight, the jury of each criminal session, composed of thirty-six titular jurors and four supplementary. All citizens, having the required qualifications, between the ages of thirty and seventy, are obliged to serve, under a penalty of five hundred francs. The juror receives a very small sum for travelling expenses if the court is at a distance from his residence, but nothing at all if it be in his neighborhood. Consequently, these arbitrary summonses in the name of Justice are viewed, generally, with as much disfavor by the recipients thereof as in other countries, with the exception of the members of some such leisure class as retired officers on half-pay. The tendencies of certain classes of jurors are well recognized, the law and the evidence being as they may;—thus, before a jury of peasants and farmers, the young girls guilty of infanticide are nearly always acquitted, the rural economy entertaining a natural aversion to illegitimate children, reared at the public cost to become vagabonds at the age of fifteen. On the contrary, incendiaries, counterfeiters, and those accused of assaults upon young children in the fields, receive no mercy at the hands of these honest countrymen. The severity of the juries of Versailles is well known. Composed of market-gardeners, ex-officers, and retired shopkeepers and employés, living in small cottages in the suburbs, and exposed night and day to the incursions of the Parisian marauders, they give always to the prosecution the verdict which it demands, and sometimes even more. There was a case, a few years ago, of three young rascals who set out from Paris to assassinate an old innkeeper of Argenteuil; the Ministère Public claimed one of them for the guillotine, but the Versailles jury gave him all three.

As to the Parisian jury, its composition is naturally more complex, but its results are said to be equally unreliable. Its deliberations are not affected by any spirit of caste or class, since these distinctions are not sharply enough defined; "but it is at the mercy of a fine talker. This will not be the avocat, rarely listened to, nor even the Avocat général, offensive in the eyes of the Parisian frondeur as the representative of authority. No; it is among its own members that the jury will select this veritable chief, some reasoner with abundant and facile speech, discovering in everything concealed meanings, hidden allusions, and all the more dangerous for the good sense of his colleagues that he has an elegant talent for paradoxes."

The Parisian jury is also, it appears, peculiarly under the influence of the fashions and customs of the day, no matter what they may be. For several years it was almost impossible to secure a verdict of conviction in the so-called "passionate dramas;" the heroines of vitriol and the revolver passed with impunity before these complaisant juries. The Parquet was obliged to withdraw most of these cases from trial by jury and send them to one of the Chambres of the Tribunal Correctionnel, which did not fail to do them justice. The notoriety, the celebrity, of a case have also a great effect upon these citizen jurors. If a crime has been committed on some fête-day, or in the midst of a ministerial crisis, the twelve jurors take into favorable consideration all the extenuating circumstances and render a verdict of acquittal. If, on the contrary, the crime has attracted much popular attention, been exploited in the daily papers, with portraits of the accused, of his victim, etc., then is the condemnation to death inevitable. "The Parisian jury is nothing but a great child whom it is necessary to keep in leading-strings and to watch very closely."

One of the most picturesque and characteristic features in the train of justice, one in which the French themselves have always taken a lively, though a professedly disparaging, interest,—as befits a military nation,—is the black-robed multitude of avocats, the attorneys, the lawyers. The nature of their profession, their professional costumes, certain peculiarities of whisker and absence of moustache, all those qualities which, in all countries, offer cheap handles to easy wit at the expense of the members of this judicial order, all these unite to lend them an interest, of various kinds, as a class somewhat apart. Their intelligent, shrewd, generally unimaginative heads, under their cylindrical black caps, offer endless studies to the physiognomists and the caricaturists. Their services are indispensable for all those who seek the aid of the law. At Paris, the avocats alone have the right to plead for litigants, before all the Cours d'Appel and the Tribunaux Civils. They can also plead before the military, commercial, and administrative tribunals and the Conseils de Prud'hommes. The only exceptions are the Conseil d'État and the Cour de Cassation.

The Ordre des Avocats, with its monopoly of this privilege, claims to date back to the year 518 A.D., and to have had for sponsor an uncle of the Emperor Justinian. It was restored by Charlemagne and continued under various names: Causidici, Avantparliers, Plaidoux, and Chevaliers de la loi, and was constituted the Ordre des Avocats in the time of Saint-Louis to distinguish it from the various confraternities of artisans which were then being organized. A decree of the Assemblée Constituante dated September 2, 1790, announced that "the men of the law, formerly called avocats, shall not form any order or corporation, nor shall they wear any peculiar costume in the exercise of their functions." This eclipse, however, was not of long duration. The former avocats had drawn up a list of the recognized members of their profession in good standing, this list became the official one, and the roll of the Ordre des Avocats was reconstituted by the law of the 22d Ventôse, year XII, reorganizing the law schools, the Écoles de Droit.