nelius Herz are now free, and reside in Paris to a special tribunal. It is worth noting, or London. Some of them were convicted, that owing to a multitude of delays on the in the heat of popular passion, seeking for part of the prosecution, Dr. Herz's appeal some whole burnt-offering to be offered on against this sentence only came before the the brink of the bottomless pit of Panama. Court of Cassation in August, 1895. ^ was But their release was ordered by the Court rejected on the unprecedented ground that, of Cassation, on June 15, 1893, on the as Dr. Cornelius Herz was a foreigner, he ground that no legal justification existed for did not enjoy the same privileges as a their conviction, and that they had been im Frenchman would if the Frenchman were, properly tried. like Dr. Herz, a grand officer of the Legion It is another curious fact that in a decree of Honor. This striking specimen of judi of the 27th January, 1893, the President of cial interpretation seems to have surprised the French Republic, and the Minister of most French lawyers. Justice, while removing Dr. Cornelius Herz Meanwhile, some slight attention had from his membership of the Legion of been aroused in England. As a result of Honor, declared that the charge on which inquiries addressed to Ministers in the House he was removed was barred by limitation of Commons it was announced in the first ses under the French Codes, and therefore was sion of 1895 that a bill would be introduced to one for which he could not be tried, if he correct the Extradition Acts. It was un were in France. derstood that this bill would meet the case The ministry, however, was not content of Dr. Herz. But, in fact, it only provided with proceeding by administrative decree. for holding the magisterial inquiry out of Some months after its issue, notwithstanding London : it merely removed from Bow St. his absence through illness in a foreign ter its peculiar privilege of being the seat of ritory, the prosecution of Dr. Herz was pro the Extradition Court. It did not provide ceeded with in the French courts. This for the holding of the preliminary magiste process, which seems strange to English rial inquiry in the absence of a sick prisoner, eyes, could be availed of by his prosecutors although he demanded it never so loudly. in France, although not open to his defense Obviously it could not touch the case of in England. Within a few days of the issu Dr. Herz. ing of a certificate already referred to, signed The question now remains, — What steps by Sir Richard Quain and other physicians can be taken to meet the evident failure of in attendance on Dr. Herz, the French court justice which has arisen, and must again convicted the absent man on the stated as arise, in cases of the illness of a prisoner sumption that he was contumaciously ab whose surrender is demanded under treaty staining from going to France. The court by a foreign Government. Another ques sentenced the accused, so summarily con tion, one of possibly greater urgency, is victed, to five years' imprisonment — the what is to be done for this untried prisoner highest term possible for the alleged offense. who has been in confinement without trial The court displayed its impartiality (already for nearly three years? shown by its ignoring the certificate of the The first question suggests its own reply. English physicians) by refusing to hear the For the safety of the future, the Extradition advocate who appeared for Dr. Herz. His Acts should be amended by permitting the advocate challenged the jurisdiction of the preliminary investigation to be held in the court on the ground that at the time of the absence of the accused, if he is shown to be alleged offense his client was a grand officer seriously ill, and if he demands that the in of the Legion of Honor, and so subject only vestigation should be held in his absence.
