Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-10-31
HOPE FOR DREYFUS.
Court Of Cessation Decides
on Revision of Case.
Paris Has Quiet Sabbath, But the
LuII Is But Temporary.
The Decision Makes Formation Of New cabi-
mel the More Difficult.

| Paris, Oct. 3O.-The court of cassa-
ton has decided to grant a revision Of
| the Dreyfus case, and will institute q
| supplementary investigation.
| At the opening Of the court, Satur-
day, Mornard resumed his argument in
behalf of the Dreyfus family, insisting
that the bordereau was not in the hand
| writing of Dreyfus or an imitation by
him of the handwriting Of Maj. Ester
hazy. The latter hypothesis, counsel
continued, was absolutely improbable.
If it was an intimation, the author Of
it must be a third party. II it was no
imitation. the author Of the bordereau
could only be Maj. Esterhazy himself
NJ. Mornard pointed out that the
honor of the army was not involved in
the doings of courts-martial as. like
other courts, they could err without
! their honor suffering.
After NJ. Mornard had closed his ar
gument, the court retired to deliberate,
and later rendered its decision, which
| is as follows:
| "In view of the letter of the minis
| ter of justice, dated Sept. 20. 1898: III
view of the arguments of the public
prosecutor, denouncing to the court the
condemnation pronounced by the first
| courtmartial Of the military govern
ment of Paris, Dec. %. 1894, against AL
| fred Dreyfus, then captain Of artil-
| lery, attached to the general staff; IN
view of all the documents in the case.
| and also of arts. 443 to 446 Of the code
| of criminal procedure, amended by the
law of June 49, 1895. relative to the ad-
| instability of an application in proper
| form for revision;
Whereas, the matter has been
brought before the court by the public
prosecutor, in virtue of the express
| order of the minister of justice;
Whereas, the application comes
within the category of the case con-
templated in art 443. and has been In
troduced within the period fixed by art.
444
! Whereas, the judgments a revision
of which is demanded, has the force of
i a chose jugee;
| Whereas, the documents produced
do not place the court IN a. position. to
decide all the merits of the case. and
there is ground fors making supple
| mentary inquiry;
For these reasons the court declares
the application to be in proper form
| and legally admissible, and states that
| it will institute a supplementary In
| quiry, and declares there is no ground
| at the present moment for deciding on
the public prosecutors application for
suspension of the penalty"
| M. Yves Guyot, in the Steele asserts
| that the secret documents in the Drey-
| fus case were burned some days ago.
/ Nnuhara G fhara tor, Of Oft tinO
today. The city is quiet. The anti
| ing the judges of the court of cessation.
to lash the public into hostile demon
stration. but the people seem rather in
clined to resent the culpabiity or imbe-
cility of the high officers Of the general
staff who allowed themselves to become
the prey of INSCRIPTIONS forgers. This
refers especially to the officers deputed
to investigate the Dreyfus affair.
1t is believed even now that important
facts are being concealed in order to
shield the headquarters staff.
Most of the Paris papers approve the
decision of the court of cessation, al
though the Gaulois and the Eclair declare
that even now revision is by no means
certain. The Liberte bows to the decision
ton. W
The Figaro announces that Comte Es-
terhazy has been deprived of his member
ship in the Legion of Honor.
The Dreyfus decision seems to have de-
layed a solution of the cabinet crisis M.
De Freycinet is again hesitating to accept
the portfolio of minister Of war on the
ground that, in view of the role the Pro-
tpSf9nfS a t,la in, %ho
it would not be advisable for two Profess
tants. himself and M. Ribot, to hold the
portfolios of war and justice.
BY Saturdays decision the court Of cas-
sation obtains the most absolute control
over the Dreyfus case 1t can demand
and examine any documents whatever,
including the dossier of any case bear
ing upon the Dreyfus matter, and can ex-
anime under oath any witness, however
high his position. In short, if the court
makes a sincere use of it's powers, the
truth will have a much better chance OF
being discovered than would have been
the case had 1t merely ordered revision
before another courtmartial, whose mem
bers might have been actuated by de-
sire to shield the general staff.
Having concluded it's inquiry 1t can pre-
sent new dossier to either civil or a
military court for the final decision It's
proceedings will not be public and there
can therefore be no objection to a com-
munication to it Of the alleged secret dos
sier If this is still in existence. while the
numerous generals who have expressed
their belief in the guilt of Dreyfus will
now be called upon toexplain the grounds
of their conviction.
Although the liberation Of Dreyfus has
not been ordered, the court can order him
brought to France at any moment, and
will probably do so at an early stage Of
the inquiry. The court refrained from
ordering his release, Saturday. because
It would have been presumption of his
innocence.
M. Paul Deroulde Of the Patriotic
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