The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-08-28

That Is not what the editorial article In
question said. 1t said no foreigner would
imagine that the rules OF evidence are the
same as those prevailing in other civilized
countries. which is different thing.
Rafael h. GOWN. law partner OF James b
Eusts. ex-Ambassador to France. and spe-
cialst in the laws OF France. said yesterday in
regard to the French procedure and the rela-
ton of the Court OF Cessation tothe court IN r.
tiai: In the first place there are no French
rules OF evidence. Almost anything is put in
as evidence. hearsay. nuendo ram blinR tales
quotations from letters. and anything that in
the judgment Of the witness bears on the case
in question. 1t Is assumed that the
Judge will not consider irrelevant mat
ters. In making up his opinion he is
guided only by his conscience. Hence
there can be no appeal from his judRme nt
on the question OF evidence. An appeal
can be based only on the question OF proce-
dure or Interpretation OF law. A witness can
refuse to reply to question. The Judge may
direct him to reply but IL he refuses there is
no contempt of court. SO the Court Of Cas-
sation could not be appealed to by Dreyfus's
counsel because OF the Introduction OF worth
less evidence. The Court OF Cessation has no
relation to the coart- martial. 1t can. however,
receive a petition from tho aocused's counsel,
II subsequently to it's judgment new evidenc.
has been found. or If a rule OF procedure has
been violated. as was the case In the first
court martial SO far during the present
court-martal there has been no such yiola-
ton. II Dreyfus Is found guilty. the decision
will be final. In this country such a matter
comes finally before tho President or Secre-
tary OF War; but in France it Is referred
to the War Minister. and then archlvsd, Just
as IL 1t were referred to a clerk"
Mr. Gown was asked II the fact that the
court martial had enlarged tho scope Of inves-
tigation would have any bearing upon the sus-
tanning Of possible appeal. He replied that
the court martial had that right: that under
the French system Of no rules OF evidence the
Judge is practically law unto himself. "Reyi-
sion OF judgments in France" no continued
depend simply upon two things: first, pro-
cedure. and. secondly. Interpretation OF the
law. If an established rule OF procedure has
been violated. an appeal may be taken to a
higher court. or If it is held that the law has
been misinterpreted. an appeal may be taken
upon that ground. An appeal is not taken
however. upon the guilt or innocence OF the
accused. but simply upon the Interpretation OF
the law applying to the case.
AN effort" he said. rs being made TO prova
that Dreyfus alone had an opportunity to get
the Information alleged to have been given to
foreign powers. This puts him in a different
position. In French law the burden OF proof
ia upon the accused. A man is considered
guilty until he proves himself innocent. This
puts Dreyfus in the difficult position OF irving
tc provO.a negative, that is. OF trying to prove
that he did not do q thing that he didn't do. II
he doesn't succeed in this impossibilty it will
be enough. in the minda Of his French judU.s
to convict him"