The Archive · 1922

Differences in Law

His Lordship then summed up, first dealing with the proceedings in the French Mixed Court, and saying that what occurred there must not influence the jury, who would use their discrimination in regard to the stories told by Mack and Giesel. His Lordship further pointed out an important difference in French and English criminal law. The French court would say: "As you have not proved yourself innocent, we find you guilty,"' whereas the English court required that guilt must be proved. His Lordship then reviewed the evidence, and, in conclusion said: "In cases of this nature it is for the jury to decide the value of the evidence placed before them. I avoid as much as possible commenting on evidence which has been given, because I consider it is the duty of the jury more than of myself to consider the value of the evidence. There are, of course, cases when it is the duty of the judge to comment, but in this case I do not consider that I am called upon to do so."

After an absence of 20 minutes, the jury returned a unanimous verdict of "not guilty' on all three charges. Mack was therefore discharged and his Lordship thanked the jury for the care and patience with which they had listened to the case, and exempted them from service for three years.

Text read from the printed page and cleaned; old type leaves the occasional error.

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