New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-03
lola FREED.

The Court of Cessation has quashed the sen
tencc OF one years imprisonment and 3ooo
francs fine imposed on Emile lola and has
relieved him from MI penalties. This action IS
based on the technical ground that the charges
should have been made by the president OF the
Estcrhazy court-maria instead of by the Min
lister Of Nar since il was not the army but
the court martial which assaed by Iola.
This IS a good enough pretext but the fact that
the Court fails to order new trial IN setting
aside the first one would seem TO show that the
grounds alleged were only pretcxt. and that
the real reason was desire to have done with
4 troublesome case.
on the other hand tho charges of tho "Au-
rorc" that General Billot attempted TO coerce
the Court of Cessation into sustaining the SEN
tcnce point toward Government desire to pun
ish lola and n willingness TO deal with the sub
iect of future agitation for him and for Drey-
fus If the reversal was contrary TO the desire
Of the Ministry. and dictated solely by regard
for law II becomes remarkable 10 the Anglo
Saxon mind for being based on what would
here seem 10 he the most unimportant error
among nil which were alleged That only en-
phasizes the almost inconceivahle gap between
French and Anglo-SaIon Jurisprudence. The
wonderful lllMblf or nfiT>HN 'Nb'H''' "ia'oi!
from the witncsS-box, appeals for the honor
of the army" refusal Of officers to testify TO
material matters, and indulgence by these same
officers in most immatcrlal statements To infu-
cncc n ease about which they refused TO tell
the truth. Is 50 utterly foreign 10 the posi-
bilitios Of evidence with us that IL Is difficult
TO understand how an appellate court could
fail to dcn0unce such methods. But as there
are actually no rules OF evidence IN French
Jurisprudence the greatest license is allowed
even in ordinary cases and the chance of over
throwing n verdict on the grounds OF improper
testimony are slight. lola did protest in his
appcal against the character of the testimony.
pointing out the violation 10y the President OF
the Assizes OF the rights 81 the defence In re
fusing 10 allow counsel 10 ask certain wit
nosseS questions. and by refusing 10 DO 40 even
before counsel had announced what questions
he had desired to put He likewise protested
against the refusal Of " incsscs 10 answer qucs
tons the answers 10 which could not have re-
vealed official secrets. and also against the ludg
ment Of the Court on the first day or the iral
in eliminating from the Inquiry everything re-
latlng 10 the Drcyfus case. But the appeal on
these points is ignored. and the Court OF Casa
ton finds IT convenient TO reverse the Judgment
on technically which ~ least does not dis
credit the Ministry or give new ammunition 90
those who dcnouncc Us conduct. The Govern
mcnt may congratulate itself that only its pro
ccdure. and not fits intimidation of Jur!es and
denial Of Justice, ~ denounced.
II Is also 10 he congratulated n thus simply
II has found an end to the affair. With tho
populace behind 1t inhamcd by insane prejudice
against the Jews and by hystercal worship OF
the military organization. It can apparently defy
all further demands OF Justice and humanity
I'm the ease OF Drcyfus. rs danger was and Is
any incident tending to force tho truth from
the generals and members Of the Drcyfus and
Esierhazy court martial. In spite Of all pre-
cautions any new trial might bring out some
thing which would compel revelations, and per-
haps precipitate storm. So the Minister'S and
the army can afford 10 drop the subject. As
for the friends Of Dreyfus. with the mob as
well as the officials against them. they appar-
emily have no choice but TO drop H. at least for
the present