The herald., 1898-10-28
Comes to Hearing in the French
Court Of Cessation
N. BARD SPEAKS FOR THE PRISONER
Contrary Expectation the Hearing Was Not Interrupted and
the Crowd Dispersed Without Yelling "A Bas" or
"A Mort" Anybody or Anything
Associated Press Special Wire.

Associated Press Special Wire.
PARIS, Oct. 27.-The Court of Cessation,
which is to decide upon the reopening of the
case of Alfred Dreyfus, the prisoner of
DEVILS Island, who is alleged to have been
formerly convicted of selling important mil
Itary plans to agents of a foreign power,
opened at noon today. The hall was filled
with people, but there was no demonstra-
ton around the palace Of justice, the gates
of which were closed as matter of precau-
ton, and only ticket holders were admit
ted. Guards were stationed in all the oor-
ridors.
Maitre La Boroe, who was counsel for M.
lola, during the latters famous trial, was
seated among the lawyers. Nine. Drey-
fus, wife of the prisoner, was provided with
a seat in a corner. She was represented
by Maitre Mournaud. The Dreyfus appeal
case was Immediately called after the open
ing of the court. Reporter Bard opened the
proceedings by referring to the scandals
aroused by the case, even before the appeal
for revision of the trial was demanded.
He then reviewed the history of the case
from the arrest Of Dreyfus and said his
condemnation was for one of the crimes
which inspire universal horror and struck
one of those in whom the country put much
confidence. Continuing, M. Bard spoke of
the efforts made to obtain revision of the
case, referred to the denunciation of Major
Esterhazy and reviewed Mme Dreyfus' ap-
peal for revision of the case.
In so doing, NJ Bard said that this ap-
peal was based on the assumption that the
bordereau was written by Major Esterhazy.
He then pointed out that there were sus-
picious facts which justify the request for
the revision. Nine. Dreyfus contended that
her husband did not write the bordereau,
which some experts reported he did write
The court, therefore. would have to ex-
anime these facts and decide whether a re-
vision was justified.
NJ Bard added that the appeal for a re-
vision was decided upon in consequence of
the late Lieutenant-C Colonel Henry's con-
fession that he had forged document in
the case, but M. Bard said this forgery was
commit.ed in 1896 and could net alone be
regarded as ground for revision or for an
annullment of the judgment rendered in
1884, Notwithstanding the fact that M.
Bard said that Lieutenant Colonel Henry
had committed forgery, his evidence was
the most crushing against Dreyfus, but, he
continued, the evidence of forger is open
to suspicion. There was, therefore, the pre-
sumption of conscience, based upon fresh
facts, that led to the appeal for a revision
of the case, and there was also ground to
ask whether any other fact that had not
been brought to light, and if Dreyfus was
really the author of the bordereau and note
written to Major Esterhazy and found in
the apartment of Nine. Pays, in which the
writer asked what he should do respecting
the bordereau.
NJ Bard next read Colonel Patty du CLAIMS
report of the Drev us arrest, in which the
Colonel aid that Oreyfus, while writing his
dicta,,vu "betr.yed intense excitement"
"But,' M. Bard added, "the photograph
taken o this writing does not give the
slightest indication that Dreyfus was labor
ing under excitement"
Dreyfus, M. Bard also said, denied to Col.
Patty du Clam that he ever had relations, di.
rectly or indirectly with foreign powers.
Colonel Patty du CLAIMS report further
showed that Dreyfus had to write incrim-
mating documents in ten different ways sit
ting and standing, with and without gloves,
and with ordinary and broad pointed pens
l.. M. Bard also cited further facts favor
able to the revision and expressed astonish.
ment at the manner in which the whole af-
fair had been conducted. He referred to the
fact that the residence of Colonel Picquart
had been searched, while the residence of
Major Esterhazy, who was directly accused,
was not searched.
The report also severely criticised Major
Ravary's report on the charge against Major
Esterhazy and he further said that the hand
writing experts, Benhomme and Varnierd,
were lunatics whose testimony was unreli-
able.
Great stress was laid by NJ. Bard on Col
onel Picquart's letter of JULY IA, 1893, to
the minister of justice, in which he gave
seven principal arguments against the prob
ability of guilt of Dreyfus, including the
impossbility of Dreyfus procuring the plans
OF fortresses and projects for the movements
OF troops unless detected, whereas Major
Esterhazy had free access thereto.
This letter also cites interviews which Col
Picquart had with Generals Billot and
Come and says:
with the proof in his hands, I have es.
tablished the innocence of Dreyfus."
To this General Come replied, according
to the letter to the minister of Justice:
"What is it to you if Dreyfus is on Dew.
lis islandw
Colonel Picquart-But he is innocent.
General Gonze-You know Mercier (for.
mer minister of war; and Saussier formerly
military governor of Paris) are mixed up
in this affair. Do you wish to compromise
them?
General Come Colonel Picquart declared he
was convinced of the innocence of Drevfus
and that he proposed to fight the matter out
and reveal what he knew.
These statements upon the part of Repor.
ter Bard caused a sensation in the court.
After referring to the fact that the ex.
perts who examined the bordereau differed
widely in opinion, M. Bard expressed the
belief that if the bordereau was the prin-
cipal factor in the condemnation of Dreyfus
on the testimony of experts, his condemna.
tion ought to be revoked.
During tho session Of the court an snti,
* ,N