New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-08-05
THE ISSUE AT RENNES.
QUESTIONS ON WHICH THE DREYrrs
COURT MARTIAL WILL HINGE
THE FIVE DOCUMENTS MENTIONED IN rry
MOTIONS LIMITED BY
THE COURT OF CESSATION

| Aaris July -
| AS the day appointed for the ret;ial of Can.
tain Dreyfus before the Permanent Com,
Martial OF the Tenth Military Circumscrip,on
at Rennes draws near. IT may be useful 10 DIV.
a summary OF the judicial aspects of the cas-.
created by the Judgment of the Court Of Casa.
ton, sitting in full bench. pronounced on Juns
| g. by virtue Of which the rctrial was Instituted
and by the instructions sent on July 10 by Gen.
eral de Galfet. Minister Of War to Major Car
! rere, Commissioner OF the Government at ths
Rennes court martial. regulating the procedure
80 as 10 prevent the military tribunal comns
/ into conflict with the Court Of Cessation which
in itself would vitia.e whatever judgment might
be rendered by the former.
The usual court martial hour Is a. m buf
| as the trial comes off during the dog days.
| and takes place in the Sale du Manutention
an III ventilated room in the military bakery
| buildings adjoining the prison-General Lucas
! commanding the Tenth Army Corps after con.
| sutation with Colonel Jouast president Of the
! court martial has decided that the proceedings
! shall begin every morning at $50 o'clock and
terminate at noon. There will be no afternoon
| or evening sessions. The ceiling Of the salle
du Manutenton Is but little over eight feet
| Eigh. II the present weather lasts the court,
room will become a veritable oven. almost
! equallng the temperature Of Devils Island.
| The ideal courtroom would have been In the
Palais de Justice. near by, but unfortunately
this spacious building is separated from the
prison, that Captain Dreyfus would have
to be conducted to and fro across the street.
thereby afor1ing opportunities for popular
demonstrations which the authorities are Dc,
| termned to avoid
II should he borne in mind when reading tha
accounts Of the coming trial that one Of the
consequences of the Judgment delivered by the
! Court OF Cessation on June has been 10 shin
the burden Of proof from the prisoner TO the
prosecution. AT the court martial OF 1894 Il
was incumbent upon Captain Dreyfus 10 prove
that he was innocent Of the charges brought
against him. This was In accordance with
French law. which places the burden Of proof
upon the accused, and, needless 10 say is con-
trary TO the principles Of Anglo American jurts.
| prudence But at the Rennes court martial
| Captain Dreyfus. who has already donned the
French artillery uniform will appear as an Of
! fcer who has been Illegally condemned, and VIII
not be obliged to prove his innocence. 1t will
! be for the prosecution TO prove that he Is
guilty. Thus within certain limits the accusers
Of 1894 will become the accused at the Rennes
court martial in 1899, and It will he for them
10 establish that In 1894 they possessed proof OF
| Dreyfuss guilt.
THE ISSUE NARROWED DOWN.
| Much confusion will also be avoided IL It bd
! kept in mind that the issue relegated by the
! Court OF Cessation 70 the Rennes court martial
! for trial Is narrowed down to the single guess
| ton whether or not Captain Dreyfus communi-
Gated TO a foreign Power the precise documents
enumerated in the bordereau II will be recol-
! lected that the bordereau is the memorandum
! without date or signature written on very
peculiar water marked tissue paper, which upon
! the evidence OF the late Colonel Henry, the
| forger. was discovered torn in slips in the waste
| paper basket OF Colonel Won Schwartzkoppens
! then Military Attache at the German Embassy
| in Paris, and. after being put together by
| Colonel Henry. formed the basis OF the origina.
| charges against Captain Dreyfus. There IS
! nothing in the bordereau 10 show that Captain
| Dreyfus had been following reasonable prac"
| tees or to connect him in any manner Win
IL. beyond an alleged similarity between tne
| handwriting OF Dreyfus and that OF the author OF
the bordereau. The Court Of Cessation has de'
/ cded that the bordereau was written by Ester~
! hay, and not BY Dreyfus.
! The Court Of Cessation has already passed
| Judgment upon all the other evidence adduced
against Dreyfus in 1894 including the confess
! sion OF guilt falsely alleged to have been maoe
by Dreytus in January. 1895. to Captain Lee
! br,In- Renaud and to Sergeant Depert, as well
! as the famous secret dossler. with its forseriss
! and criminally manipulated documents AL
! that is legally left standing after the elimna-
! ton by the Court OF Cessation Of the irregu!ars
| ties that vitlated the conviction OF 1874 is tne
! bordereau which the Court OF Cessation on june
| 8 declared not written by Dreyfus. MS
! functions Of the Rennes court martial are now
! limited to hearing evidence and deciding upon
! the subject OF the alleged communication Dy
! Captain Dreyfus TO foreign Power OF the
| documents enumerated in the bordereau no"
! known to have been written by Esterhazy. as
! he himself has confessed. It should be remems
| bered that Dreyfus was unacquainted Win
| Esterhazy when the bordereau was written. and
| It may he safe to predict that 1t Will be pra'-
tically impossible for the prosecution to provs
at the forthcoming trial at Rennes that captain
Dreyfus handed over to a foreign Power thu
documents In question.
Much will doubtless be heard Of these doou"
ments at the Rennes trial, and 1t may be WORTH
while to mention them They are FIVE in number
! First-A description Of the hydraulic brake OF
the field gun known In the French service al
the "120 court" and notes upon the constructs
ton Of its carriage. The 100 court" is tho
heaviest gun used by the French field artilery'
It's gun carriage is ingeniously contrived. so 40
to travel over ploughed fields and "across coun-
! try" The projectes were formerly ioadea
with melinlte. but dynamite 10 now used ioF
this purpose. and recent experiments mahe
near Mention with dynamite shells fred from
the 100 court" guns are said to have puvers
| ~ tn afr NJ
Second A memorandum concerning the
'troupes de couverture'' troops In case or mo-
bizaton to be thrown toward the frontier so Al
TO cover tho actual mobillzation) with modinca-
tons according to the latest plan.