Madness in Court + 

The demoralization did not spare the Law Courts. Soldiers were acquitted, even on fully proved indictments for wilful murder, until at last the judges and magistrates had to announce that what was called the Unwritten Law, which meant simply that a soldier could do what he liked with impunity in civil life, was not the law of the land, and that a Victoria Cross did not carry with it a perpetual plenary indulgence. Unfortunately the insanity of the juries and magistrates did not always manifest itself in indulgence. No person unlucky enough to be charged with any sort of conduct, however reasonable and salutary, that did not smack of war delirium, had the slightest chance of acquittal. There were in the country, too, a certain number of people who had conscientious objections to war as criminal or unchristian. The Act of Parliament introducing Compulsory Military Service thoughtlessly exempted these persons, merely requiring them to prove the genuineness of their convictions. Those who did so were very ill-advised from the point of view of their own personal interest; for they were persecuted with savage logicality in spite of the law; whilst those who made no pretence of having any objection to war at all, and had not only had military training in Officers’ Training Corps, but had proclaimed on public occasions that they were perfectly ready to engage in civil war on behalf of their political opinions, were allowed the benefit of the Act on the ground that they did not approve of this particular war. For the Christians there was no mercy. In cases where the evidence as to their being killed by ill treatment was so unequivocal that the verdict would certainly have been one of wilful murder had the prejudice of the coroner’s jury been on the other side, their tormentors were gratuitously declared to be blameless. There was only one virtue, pugnacity: only one vice, pacifism. That is an essential condition of war; but the Government had not the courage to legislate accordingly; and its law was set aside for Lynch law. + 

The climax of legal lawlessness was reached in France. The greatest Socialist statesman in Europe, Jaures, was shot and killed by a gentleman who resented his efforts to avert the war. M. Clemenceau was shot by another gentleman of less popular opinions, and happily came off no worse than having to spend a precautionary couple of days in bed. The slayer of Jaures was recklessly acquitted: the would-be slayer of M. Clemenceau was carefully found guilty. There is no reason to doubt that the same thing would have happened in England if the war had begun with a successful attempt to assassinate Keir Hardie, and ended with an unsuccessful one to assassinate Mr. Lloyd George. + 