The times., 1899-09-08
Iereau and the documents named there

bordereau and the documents named there
fn2''
Was il in the same handwriting as the
one in possession OF the court?"
Did you receive the firing manual and
the firing rules2 -
How long had you been in relations with
the sender"
Did you send the petit bleu to Esterha-
zy?"
Have you ever had direct or indirect re-
lations with the accused
Colonel Jouaust announced that the court
would deliberate later on this matter.
Several witnesses testified regarding points
contained in Du Patty de Cams deposition.
Captain Beauvais called attention TO the
fact that several papers enumerated by Du
Patty de Clam in the dossier sent TO the
first court-martial were not now among
the documents in the court. These were
the paper discussing the resemblances in
the handwriting of the letter dictated to
Dreyfus by Du Patty de Clam and the note
relative TO conversation between Du Patty
de Clam and the accused. Captain Beau
vsis asked that a search be made for the
papers
Dreyfus Urged to XIII Himself.
NJ Cochefert, chief Of the French secret
service was recalled and added dramatic
incident about the arrest of Dreyfus- He
said that at that time Du Patty de Clam
slipped revolver under some papers on
desk In front of Dreyfus and said: In your
situation perhaps IL is better that you
should kill yourself" Dreyfus replied: II
do not wish to kill myself because | must
establish my innocence.
General Mercier at length came forward
to discuss Du Paty de CLAIMS deposition.
He devoted himself almost exclusively to
Captain Freystaetter's evidence, and again
denied that a false rendering of Major Pan
nizardi's despatch was included in the docu-
rnents sent to the 1S94 court-martial. He
then described the return of the dossier
from the court General Mercier says he
opened the envelope and destroyed Du Patty
de CLAIMS commentary. He handed the
other documents TO Colonel Sandherr. Gen.
eral Mercier also read a letter from Cap
tain Freystaetter to a friend in 1855 affirm
ing that Dreyfus had been justly con-
demned In conclusion General Mercier
urged the court 10 accept his original dep
osition and not to be Influenced by Captain
Freystaetter's evidence.
nj DeGnange made q really spirited reply
TO General Mercier, telling him he was mis-
taken in the role he assumed. He was
witness for the defendant. This. moreover,
was not a place for polemics, but court
for deciding the guilt or innocence OF DTey-
fas.
The Remarkable Decision
The question of calling Colonel Schwartz
koppen and Major Pannizardi again arose.
Major Carriere read the law on the sub
5ect. NJ. Labor said il was Impossible TO
exaggerate the Importance of these wit
nesses The government prosecutor agreed
with this statement NJ. Labori added that
he should never have called them had not
the Serrizn refugee Cernaschi, been in
rroduced but now il was absolutely neces-
sary TO do so. The court retired TO delib
crate and returned in twenty minutes.
Then Colonel Joualst read its decision,
which was unanimous on the point that
the court was not competent, under the
rules and regulations, to order such a COM
mission as NJ. Labor had requested. The
discretionary power TO - this rested sole
~ on the president of the court Colonel
Jouaust added that as president of the
court he felt compelled 10 refuse to use
this discretionary power in compliance
with the defendants request.
NJ Labori was evidently astonished at
this He asked Colonel Jouaust If he in
sisted en- his refusal TO take the testimony
Of the two witnesses referred to. Colonel
Jouaust replied: I maintain this decis-
ion
Consideration.
It is no exaggerstion TO say that every
one except the phalanx Of generals was
dunfounded at this decision. Both the
prosecution and defence were practically
united in accepting the offer of Germany
and Italy 20 place the whole truth of this
five years mystery before the judges. whose
sole duty was TO seek it The reply was an
arbitrary refusal 10 accept 1t.
No reason was given and no explanation
made The spectators were unable 10 in
terpret this amazing decision. The only
honest explanation would be that the judges
are satisfied Of the prisoners inno-
cence without any additional evidence
But il would be impossible TO justify the
decision even on that ground for thousands
OF Frenchmen VIII refuse 10 believe Dreyfus
innocent on the present evidence even If the
court acQuiis him. Few however now ex-
pect aceuittal and Colonel Jouausts decis-
ion above recorded viii from today be the
keynote OF new agitation in which France
viii not escape the terrible penalties fol-
lowing this momentous decision.
The proceedings now Ispsed into dull ex-
pert opinion or the quality OF paper in the
bordereau. When this had been finished
NJ Labori astonished the spectators
though not the court by revealing the fact
that Witness Cernuschi in secret session
broke down yesterday and acknowledged
himself entirely mistaken in his Identified
tiCn OF Dreyfus.
To Investigate Cernuschi.
NJ. Labor asked the court to investigate
the illness Of Cernuschi, which was as ex-
traordinary as his testimony. Counsel
read dispatches from a lawyer in Zurich
saying Cernuschi had been kept under re-
Etrsinf there owing to his unsound mental
condition. There were also read letters
and kilograms relating 10 various crimes
and eceeBtricities which Cernuschi had
committed A series of letters from Es-
terhsZy 10 various persons was next read
in which everybody connected with the
case was denounced in turn.
NJ LaboTi agreed that the knowledge the
writer betrayed on various secret military
subjects proved strongly his role of a spy.
The reading provoked another platform