The age-herald., 1898-02-08

--AessAohAotS bC icstu III COuTI. 1nlS was Op- posed by the attorney-general on the ground that the examination was not con- cluded.
 M. La Borie then vehemently protested against the absence of the subpoenaed witnesses and, referring to the non-appear- ance of Gen. Mercier. said; s'When he was minister of war he submitted to the judges of Dreyfus, behind the back of the prison CT and his counsel, a secret document which, however, he said was unimportant. If this document. as he declared was un- important, then the incident is ended and there Is no further need for Gen. Mercier s testimony, but if as alleged the secret document did not exist, let Gen. Mercer come and tell the court so and our side will be well satisfied"
 Caused Commotion
 This attempt to drag the former minister of war into the witness stand caused much commotion in court, which was renewed when on several members of the Dreyfus court-martial refusing to testify, NJ. Zola rose up in the dock and indignantly cried: We must know if these persons are act- ing under orders of the minister of war or of their own volition."
 Gen. Du Effec was then called and claimed exemption on the ground of pro- fessional secrecy, whereupon M. La Borie shouted: "one would think all these off, cers imagine they form separate caste above all rights and that they are totally exempt from the laws and the respect due to justice"
 The court then ordered short adjourn ment until 4:30 D. m., in order to allow M. La Borie to draft his argument.
 Witnesses should Be Ordered
 On the resumption of the hearing M. La Borie made speech demanding that the witnesses be ordered to attend and tes- tify. Counsel for M. Zoa deposited with the court written applications requiring the court to order the subpoenaed witnesses to appear. M. La Borie in his application for a subpoenae for Mme Boulancey says: "The appellants have ascertained that Comte Esterhazy has thrice written her menacing her with death should she sur render the documents. Mime. Boulancey has left her home and concealed her ad- dress The aforementioned documents have direct bearing on the present case. The appellants ask that an officer of the court be sent to impound all telegrams and let ters from Comte Esterhazy in the posses sion of Mime. Boulancey."
 Regarding Col Paty De Clam, the appli- cation charges him with illegal acts in the Dreyfus and Esterhazy affair and claims tllot if thes acts are proved in court the good faith of the accused will be demonstrated.
 L. M. M La Bortie further affirms that he is prepared show that the letters which Col. Paty De Clam alleges "the 'veiled lady, sent him prejudicing Col. Picquart, emanated from one of Col. Paty De Clam's own friends, not from Col. Picquart. Counsel is willing that Col. Paty De Clam's evidence be given behind closed doors if necessary
 There is another application calling for the appearance of Gems. Mercier and Bois D'Effec and others. It declares they have no right to absent themselves on the plea that their evidence is not necessary as that is for the court, not them, to decide. The hearing of the case was adjourned at 5 p. m. There was no sensational in- cident.
 It was a day of considerable emotion but scanty progress M. Scheurer- Kestner and M. Mathieu Dreyfus were conspicuous in court and in the audience were several notables and many ladies. When NJ. Zola entered everybody was on tip toe to get a glimpse of him. Scarcely was he seated when a bundle of telegrams was handed to M. Zola, and other telegrams poured in during the proceedings, altogether over 400, from all parts of the world, offering sympathy and congratulations. One from Belgium bore the signatures of thousand legal and literary celebrities and one signed by group of Roman Catholic priests said:
 ''Viva la justice"
 M. Zola. who was quite calm, asked the to which I am liable?"
 On being told that it was six months imprisonment he rejoined. smiling: iTf truth could but merge from this trial would willingly take six months more."
 Won Applause
 Maitre LaBorte who bore the brunt of todays discussion is only 3S years old, and is the youngest and most brilliant of Pa risian advocates. His e,oquence e0tof'ted applause even from his adversaries and produced a profound impression. The pro- esedngs at the present stage are a strug- gle between Maitre La Borie and Advo- cate General Van Casel. the latter being determined to restrict the scope of the trial and the former to enlarge it. There is no doubt that the visible efforts of the gov- ernment to suppress inquiry by its refusal to allowe Gen. Elliot, minister of war, and other important witnesse to testify came as a great surprise to the audience. Mature La Borie created a sensation by exclaiming ironically: What passion for Night there is on the prosecution"
 M Zrsso iTUh n U a. night looked rather haggard but seemed buoyant and spoke hopefully of the days proceedings. He said he believed he had already produced some effect on the public mind, adding that the days record was better than he had ventured to hope.
 "I am convinced" he said, "that outside feeling is growing rapidly in favor of full inquiry. It is too much to expect that all the truth will come to light at the present hearing, but believe we shall see a little. Once the French people can be made to see a duty they will do it. at what ever cost. am well content with the days work"
 M Zola purposes to reserve his own mani festo, if permitted to offer 1t at all, until