But we may talk of the selfishness of French politics, for this,

unfortunately, does not change. In a country where politics are so

mixed that the elector understands very little about them, it is not

difficult to catch votes by arguments of another kind. Our business

just now being with the Caillaux drama, it may not be a bad method of

explaining how French politicians gain the authority to govern, by

some sidelights on the election at Mamers of Monsieur Joseph Caillaux.

Immediately after Madame Caillaux had shot the editor of the _Figaro_

dead her husband resigned office. He was of course obliged to do this.

Immediately after his resignation he announced that he intended to

retire from public life entirely, and would take no part in politics

in the immediate future. He had hardly made this announcement, which I

mentioned on page 79, before he changed his mind, and announced that

owing to the insistence of his constituents he would be a candidate for

re-election when the general election took place, but that he would

not canvass, and that his friend Monsieur D’Estournelles de Constant

would canvass for him, while he himself would remain in the retirement

demanded by the situation of his wife. A very few days after this

second change of plans Monsieur Caillaux changed his mind once more

and determined to canvass Mamers. He has been re-elected. It is not

uninteresting to glance at the reason why.

Any foreigner might have imagined that there was no possible chance

for any body of electors to re-elect Monsieur Joseph Caillaux as

their representative. The fierce light which played so recently and

so unsparingly on his political career had scarcely shown him to be

a desirable member of Parliament. It would be difficult, one would

think, for Frenchmen to vote for the man who had made such a number

of mistakes, and who had been connected, as Monsieur Caillaux was

connected, with the negotiations disclosed in the chapters in this

volume on Agadir and the _affaire_ Rochette. But the foreigner would

not realize, and Monsieur Caillaux realized, very conclusively, that

the peasants of the Sarthe district cared little or nothing for the

revelations in the Paris Press, and cared a great deal for Monsieur

Caillaux’s personality.

To anybody who has not lived among them, the ignorance of the French

peasant in the country districts on the affairs of his country must be

incredible. How crass this ignorance can be may be imagined from the

absolute fact that in many parts of Monsieur Caillaux’s constituency

the electors, who have returned him to the Chamber of Deputies again,

are absolutely convinced that Monsieur Calmette is not dead at all,

and that the story of his murder by Madame Caillaux has been put about

by Paris journalists merely to do Monsieur Caillaux harm. The peasants

of the Sarthe believe, in many cases, that Monsieur Calmette is still

alive, and is keeping out of the way, in hiding somewhere. “Tout ça,

c’est des histoires de Parisiens” is the popular view. The distrust

of the townsman in general, and of the Parisian in particular, which

prevails in many French country districts and in Normandy and Brittany

even more than elsewhere, was a remarkable asset for Monsieur Caillaux

when he asked for the suffrage of the Sarthe peasantry.

Some idea of this asset and the way in which he used it can be obtained

from his letter to his constituents in which he thanks them for

electing him. The letter, which is dated “Mamers, May the 1st,” has

been posted on the walls all over the constituency. “My dear friends,”

writes Monsieur Caillaux, “How can I express my gratitude, and my

emotion? In spite of the pressure exerted by the whole strength of the

reactionary parties, in spite of the money which flowed like water,

in spite of an unqualifiable campaign of calumny and of lying, the

constituency of Mamers has given me a majority of nearly 1500 votes

over my opponent.”

“You have avenged your deputy for the odious

attacks and the defamation of which he has been

the object. You know that their origin was his

love of peace, which was made clear in the treaty

of November 4, 1911 (this is the Agadir treaty),

and his wish to make rich men contribute more

freely to the expenses of the country.

“Once more I thank you from my whole heart. More

than ever I will be the untiring defender of your

rights and of your interests. More than ever I

will do my utmost to ensure to France and the

Republic order, stability, and reform. Believe,

my dear friends, in my affectionate devotion to

your interests.

“J. CAILLAUX.”

Does not this letter breathe with surprising clarity humbug of the

broadest? Whatever one may think of Monsieur Caillaux, no one has yet

accused him of poverty, and his opponent in the Sarthe was quixotic

enough to refrain from much mention of the Caillaux drama at election

time, so that the campaign of calumny was purely imaginary. And, to top

everything, when he did mention it and the Rochette case in a final

poster, Monsieur Caillaux challenged him to a duel, for “maligning

the electors of Mamers!” The duel was “fought” before journalists,

photographers and the cinematograph. The snapshots show that Monsieur

Caillaux fired in the air, and his opponent fired into the ground. So

everybody laughed, and “honour was satisfied.” But Monsieur Joseph

Caillaux is looked upon _as a victim_ in the Sarthe! The peasants there

understand nothing and care less about foreign politics. They approve

Monsieur Caillaux’s opposition to three years’ military service,

because Germany is far away and is only a name to them, and they prefer

their sons to be called away from the land for two years instead of

three. They approve Monsieur Caillaux’s suggestion of taxing the rich,

because they have never troubled to understand it, and it sounds good

to them, and most of all, and above all, they approve of Monsieur

Caillaux because he is rich, powerful, and generous in his constituency.

It must be understood that I am using Monsieur Caillaux and the Sarthe

as an example of the conditions which prevail in many parts of France.

The French elector in many of the country districts is decidedly more

ignorant than one could believe possible, and in almost all parts of

the country he is selfish. Here, again, I may be allowed to quote some

of the electioneering literature of the Sarthe to show the kind of

benefits which appeal to French electors. Political considerations,

benefits to the nation, national defence, big projects—“Tout ça c’est

des balivernes”—is the French peasant’s verdict. A candidate who is

wise will, if he wants to gain favour in a constituency, tell his

constituents as little as possible about political measures and as much

as possible of the things concerning them directly which he has done

in the past, and which he hopes to do in the future. The drainage of

a village will gain more votes than the most important law imaginable

for the benefit of France. Monsieur Caillaux, or rather his friends,

reminded the people of the Sarthe that Monsieur Caillaux had obtained

for them heavy subventions from the Pari-Mutuel for the support of

a hospital, that in the last few years he had secured over £4000

for them from the Government for local interests, that all kinds of

institutions had been helped, that the nuns had been well treated (oh!

Monsieur Caillaux!), that this village had a new pump, and that one

a new road, in a word, that owing to the power of Monsieur Caillaux,

and the cleverness of Monsieur Caillaux, and the influence of Monsieur

Caillaux, the peasants of La Sarthe had obtained, and were likely to

obtain, greater advantages than the peasantry of any other part of

France as long as he remained their member.

These were the reasons which caused Monsieur Caillaux’s re-election,

and these are the reasons which militate above all others in France

at election times. The natural result of elections conducted on the

narrow-minded basis of selfish advantage is that the deputies, when

they are elected, are as selfish as their constituents’ reasons for

electing them have been. I suppose every country has the government

which it deserves. The French are very certainly governed by a body

of men who do not neglect their own interests. I do not mean to imply

that they do neglect those of their country, but I do say that the

conservation of power and their own welfare take the first place in

their minds, and that is so certain that “L’Assiette au Beurre,” which

expression we may translate “The Cream Jug” is dipped into very freely

by members of all parties who have access to it, in every French

Parliament. The principal vice of the government of France, to my mind,

is the payment of deputies. The class of man is growing in France who

serves his country because his country pays him six hundred pounds a

year to do so, and because there are plenty of pickings over and above

the annual stipend of £600. A French deputy makes very free use of

his right of free travel on all the railways, supplies his family and

friends with free stationery, economizes, through his influence, in

countless little ways, money which the ordinary citizen has to spend

from the fruits of his labours. The French politician is essentially

a professional of politics, places party considerations above all

others, because these keep him in power and allow him access to the

“cream jug,” and is not in the least ashamed of using his influence for

personal benefit either directly or indirectly.

I do not think it unfair criticism to point out that it is this

mentality which makes for such corruption in French politics as we had

to deplore at the time of the Panama scandal, for such corruption as

was seriously suspected during the progress of the Rochette case, and

for the undue use of influence which is considered quite natural on the

part of individual members of the governing bodies of France, by which

I mean not the Government alone, but also the Chamber and the Senate,

which undue use of influence culminated in the shameful apotheosis

of the scene in the room of the Prime Minister which resulted in the

postponement, with its consequences, of the trial of the financier

Rochette. The inner history of the Caillaux drama differs in details

from the inner history of other French scandals, but it differs very

little from them in essentials. In every case when one of these

unsavoury ulcers on France’s fair name festers and bursts we find the

same pus in it. The root of all the evil is the inherent selfishness of

the French character, and I am not disinclined to believe that there

is a great deal of inherent dishonesty too at the root of the evil. A

Frenchman will often refuse to keep a promise in commercial matters

because the man to whom he made it can produce no _written_ proof that

the promise was given. Business men will refuse business interviews

without the presence of a witness. There are severe laws in France

compelling, under severe penalties, the restoration to the unknown

owner through the police authorities of anything of value found lying

about. But ask anybody who has picked up money in the street what he

would do with it if nobody saw him pick it up. The Frenchman is frank.

He will laugh and will maintain his right to pocket this find, because

if _he_ loses anything he knows that the person who finds it will

pocket it if he dare. I have seen respectable Frenchmen swindle other

respectable Frenchmen out of a halfpenny in a Paris omnibus. It is not

the halfpenny that is important, it is the mentality which underlies

the theft. It may seem a far cry from the theft of a halfpenny to the

Rochette scandal, but you can trace the connexion very easily if you

care to think the matter out. And if you think it out with care, you

cannot fail to see that this basis of selfishness, permeating upwards

through every vein of French private, public, and political life, has

been directly responsible for the Caillaux drama and for the results

which that drama has had and will have on the life of France in the

future.

XII

BEFORE THE LAST ACT OF THE DRAMA

A French criminal trial is in every respect as unlike a criminal trial

in England as can well be imagined. To begin with, if the Caillaux

drama had been English, if the wife of an English Cabinet Minister

were at the present moment in Brixton gaol awaiting her trial because

she had walked into Printing House Square and shot the editor of the

_Times_, this book, by the mere fact of its appearance, would send me

and the publisher to prison for contempt of court. In France, not only

is there no contempt of court in comment on a case sub judice, but the

preliminaries of a great criminal trial are conducted in the open. Ever

since the murder of Monsieur Gaston Calmette the Paris papers have

contained long daily digests of the evidence collected on the details

of the murder, and this evidence has been commented on every day, and

with the utmost freedom, by the Paris newspapers. There is a special

magistrate known as the _juge d’instruction_, whose duty it is, if I

may put it so, to try the case before it comes into court, and to hand

to the judge who presides over the trial his opinion on the prisoner’s

innocence or guilt, his full reasons for that opinion, and the evidence

in résumé which he has collected to enable him to form it. In other

words, directly a crime has been committed, whether the supposed

criminal be arrested or not, a _juge d’instruction_ or examining

magistrate is appointed, and from the moment of his appointment he

takes entire charge of the case. The prisoner is entirely in his hands.

That is to say, he disposes of her while she is awaiting trial, under

certain rules and regulations of course, as he thinks fit. He may

question her as often or as seldom as he wishes, either in his room at

the Palace of Justice or in her cell, the only proviso being that he

is not allowed to question her without the presence of her lawyer, and

that at each interrogatory his sworn clerk, known as the _greffier_,

must be present to take down his questions, and the prisoner’s answers,

and at the end of each interrogatory to obtain the prisoner’s signature

at their foot. The examining magistrate’s work is of course by no means

confined to his examination of the prisoner. As soon as he has digested

the first details and circumstances of the crime he has full power to

summon and to examine anybody and everybody whom he considers likely

to have any evidence to give which may help him in his judgment on the

case.

So wide are the powers of an examining magistrate, that he may if

he wishes arrest not only presumable accomplices but any unwilling

witness. It has happened before now that a witness has preferred to

remain away from the room of a French examining magistrate and has

been sent for by him and brought under arrest to him to give evidence,

and a witness who has signed an untrue statement in the examining

magistrate’s office is not unfrequently, when convicted of perjury at

the trial, where he has repeated this evidence on oath, arrested in

court. It sometimes happens, too, that witnesses contradict in court

the evidence which they have given to the examining magistrate. If they

do so they enjoy impunity, unless, they are proved to commit perjury in

their contradiction, for evidence to a _juge d’instruction_ is not

given on oath. It happens very frequently too, in fact it almost always

happens, that numbers of people for whom the examining magistrate

has never thought of sending write to him that they have evidence to

give, and desire to be heard. The prisoner and the prisoner’s lawyer,

even the prisoner’s friends, are encouraged also to give the names of

any people from whom they wish the examining magistrate to collect

evidence. Practically therefore in a French criminal case the criminal

is tried twice over, once by the examining magistrate, and a second

time in the court of assizes before a jury. And the first trial is the

more important of the two, because of the influence of the examining

magistrate’s report on the minds of the judge and of the jury, at the

assize court trial. The examining magistrate has the right to acquit a

prisoner without sending him or her for trial at all if he finds that

there is no case.

It happens, however, comparatively rarely in practice, that a

_non-lieu_, as it is called, is pronounced by the examining magistrate,

as it is a very bad mark against the name of any _juge d’instruction_

to allow a prisoner to be set at liberty without very conclusive proof

of innocence. If there be the slightest doubt the prisoner is always

sent for trial. The benefit of the doubt is practically non-existent in

the conduct of a French criminal case in its preliminary stages, and it

may be taken as a fact that whereas a prisoner in England is considered

to be innocent until guilt has been proved, the reverse is the French

method, and a prisoner in France is considered to be guilty until

conclusive proof of innocence has been given and accepted.

Another feature of the preliminary stages of a French criminal trial

is the manner in which the evidence which the examining magistrate

collects is made public as he collects it. The examining magistrate

receives members of the Press during the days, weeks, and often months

of his preliminary examination of the evidence, and to all intents and

purposes the evidence which has been laid before him is put at their

disposal for publication. It is very rarely indeed that an examining

magistrate in France withholds any of the evidence he collects from the

newspapers, and as each item is usually laid before the public,

commented on at length, and frequently distorted in accordance with the

views of the staff of the newspaper which reproduces it, the public try

a case while it is in process of trial, and the newspapers criticise

the examining magistrate’s conduct of the long examination and deliver

a verdict of their own before the jury have an opportunity of doing

so. These methods form part of the legal code of France, and as such,

open to criticism though they may be, are never criticised. The methods

of preliminary trial of a French criminal case present of course this

grave disadvantage, that every one of the twelve jurymen and the two

supplementary jurymen before whom the case is tried, practically hear

or read all the evidence before they see the witnesses and hear them

in court, and practically have tried and have judged the case in their

own minds, however impartial they may try to be, before they come into

court to try and to judge it.

I have already mentioned the freedom of action which the examining

magistrate enjoys in France. This is unlimited. An examining magistrate

is hampered by nothing at all in his examination of the prisoner,

or of witnesses for and against, except by the dictates of his own

conscience. As it is human nature for a man to shrink from the

acknowledgment that he has been mistaken, it is obvious that a French

examining magistrate who starts with the idea that his prisoner is a

guilty man or woman will do everything in his power, and his power

has no limit except his own conscience, to prove the guilt of his

prisoner. He may, and often does, use dramatic methods to force a

confession. He may, and often does, lie to the prisoner for the purpose

of extracting a confession. He may, and often does, misreport to the

prisoner evidence which has been given him so as to entrap a guilty

prisoner, whom he can manage to convince that the game is up, into a

full confession of guilt. There have been many cases known of abuse of

this power. It has happened before now that a prisoner, accused of a

crime of which he or she is perfectly innocent, has actually confessed

to the crime rather than endure the mental torture of the examining

magistrate’s persistent cross-examination.

And in the hands of an unscrupulous man, even when that man honestly

believes in the guilt of the prisoner he is examining, mental torture

is not the only form of torture which may be inflicted. Of course there

are no thumbscrews, rack, or water torture in existence in France

nowadays, but there are other and more refined methods of coercion

which an examining magistrate may use, and often does use, against the

prisoner whose case is under consideration. Pathetic mention of these

methods was made, I remember, during the trial of the motor bandits by

one of the prisoners whom the court afterwards acquitted. All the small

comforts which a prisoner (a _prévenu_ is the French expression) may

enjoy while awaiting trial rest entirely on the good or ill will of the

examining magistrate, and he is paramount to permit them or to remove

them, as his will or his fancy dictates. During these preliminary

stages of the trial nobody has any right to interfere with an examining

magistrate or to question his decision on any matter whatsoever. The

prisoner’s lawyer or the prisoner may of course protest, and the

protest must be registered by the clerk, who is always present. But it

rests entirely with the examining magistrate how much severity and how

much leniency are shown to the _prévenu_ while the preliminary trial

proceeds.

Another thing which remains entirely at the examining magistrate’s

discretion is the length of this preliminary trial. He is free to

conclude his examination when he wills. As soon as he considers that

the evidence he has collected is sufficient to allow him to send the

case for trial, and to hand his opinion on it, with the reasons for his

opinion, to the judges, the date of trial is fixed. He may send in this

opinion in a few days, he may take many months over it if he wishes,

and though the imprisonment of a prisoner before trial ranks as part of

the sentence after conviction, an examining magistrate who has taken

a very long time over his preliminary examination may inflict very

serious hardship on a prisoner whom the assize court acquits at the end.

In the case of Madame Caillaux it is probable that the trial will come

on in July or possibly even after the holidays, in September. It is in

everybody’s interest that the trial should not be heard too soon. The

judges need time to probe every tittle of the evidence, the

Government—though the Government will hardly dare to interfere, I

think—will prefer the case to be heard when Paris is comparatively

empty, and the defence will find in a long detention in Saint Lazare

pending her trial a useful argument for mercy to the prisoner.

The work of an examining magistrate in France is conducted with a

curious absence of formality. The prisoner or the witnesses come to his

room in the Palace of Justice, and in the case of a prisoner the guards

withdraw. The magistrate collects his evidence in a very conversational

way. He chats with the prisoner and with the witnesses whom he calls,

he interrupts them, he bullies them if he thinks fit, he allows them

to speak or he reads them a lecture, exactly as he likes, he makes

statements, and takes note of contradictions, and he frequently calls

three or four witnesses together and allows them to discuss points in

the case while he listens to the discussion.

This method, I may remark, is often a very fruitful means of getting at

the truth. The absence of formality has often proved to be a great help

to the course of French justice. The French law and English laws have

very different ideas on the subject of evidence. To give an idea of

what is considered perfectly relevant and perfectly admissible evidence

in France, Madame Caillaux, during the course of her preliminary

examination by Monsieur Boucard, the examining magistrate in charge

of her case, made the following extraordinary request to him. “I am

informed,” she said, “that, in the opinion of the great surgeon Dr.

Doyen, the life of Monsieur Calmette might have been saved after I shot

him if he had been treated differently.” Madame Caillaux’s contention

was that the doctors who attended Monsieur Calmette after she had shot

him might have treated him in such a way as to ensure his recovery, and

she asked the examining magistrate to call Doctor Doyen, who, after

reading the report of the autopsy made by the sworn medical experts

after Monsieur Calmette’s death, was of the opinion that the surgeons

who attended him might have saved his life. Evidence of an equally

irrelevant nature is considered perfectly admissible in any French

criminal trial, and evidence as to character and motive very frequently

admits in France of an immense abuse of the examining magistrate’s

time. In the Caillaux case, for instance, friends of the murdered

man have been prolific with evidence to the effect that from their

knowledge of Monsieur Calmette they consider it most unlikely that he

would ever have printed the letters which play so large a part in the

evidence for the defence, and the publication of which Madame Caillaux

feared and anticipated.

The Caillaux Drama · 第 12 / 15 段