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.
Public-domain text, read in full here on John Shaqi.
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