The record-union., 1899-08-25

ways acted with a full knowledge of
the restrictions imposed upon counsel,
and that he had no need of lessons
from Major Carriere, and would not
accept them.
General Mercier was then recalled,
and it was noted that he had donned
his uniform for the first time. The i'm
preston thereby created was that the
General, expecting a hot cross-exami-
nation, thought that his uniform
would perhaps protect him.
M Labori said he desired to know
il General Mercier admitted ordering
Colonel Mauret to communicate secret
documents to the court-martial of 1894.
General Mercier-I knew I did not
have the right to give formal orders to
that effect, but I gave moral orders in
a manner sufficiently clear. (Sensa-
tion)
Counsel proceeded to closely question
the General, referring to the 'Dixi' ar
ticle in the ''Libre Parole"
Mercier replied that he was so ac-
customed to violence from the press
that he paid no attention to that ar
ticle.
Replying to further questions, the
General said that, when Dreyfus was
arrested, he knew of no other proof
against him than the bordereau. There
were, therefore, only suspicious, but it
was urgently necessary not to lose time
in arresting him in order to stop the
reasonable practices.
M. Labori here asked Colonel Jouaust
to secure the evidence of NJ. Papilland,
editor of the "Libre Parole" in regard
to the "Dixi" letter, in which the name
of Dreyfus was disclosed as that of the
officer arrested for espionage.
AS Colonel Jouaust hesitated, NJ. La
bori insisted upon the necessity for an
examination of Papilland, 'in order to
reach the truth I am seeking for
THE whole responsibility for this
case" counsel added, "I believe really
rests upon the late Lieutenant Colonel
Henry and Major Du Patty de Clam"
Resuming his examination of General
Mercier, Nj. Labori asked him several
questions as to why he at first ascribed
the date of the bordereau to the month
of April. General Mercier said that in
1894 he was only acquainted with the
general reasons which existed fox be-
lieVing Dreyfus guilty, and had not
paid much attention to the details.
The General refused to reply to many
of the questions. For instance, he de-
clined to say whether he had examined
the proofs against Dreyfus.
NJ. Labori-In short, you considered il
in the nature of a sensational move to
have Dreyfus prosecuted and sentenced
Did you examine previously the charges
against Dreyfus?
General Mercier-I only examined the
nature of the documents betrayed.
NJ Labori-Was it not necessary fol
that purpose to fix the date of the bor-
| dereau?
General Mercier-I do not think SO.
Further / declare that Labori is dis
cussing the whole trial of 1894. That
may have some interest from histori-
cal point of view. But since the Court
of Cessation quashed the judgment, ii
seems to me that it is not for us now
to revert to the various features Of that
trial
NJ. Labori pointed out the contradic-
tions in the evidence of officers Of the
headquarters staff regarding the inn
portance of the contents of the border
eau, and asked General Mercier where
Dreyfus could have obtained particu-
lars about the automatic brake.
The General hotly objected to being
asked to repeat his evidence, and NJ.
Labori equally warmly said: Il am
only asking for definite statements"
General Mercier then said he thought
Dreyfus might have had cognizance of
the brake at Bourges. adding, In any
event he had better chance to obtain
such knowledge than Esterhazy could
possibly have had"
NJ Labori-General Mercier says
Dreyfus might have had cognizance.
desire to emphasize that expression. We
shall now prove that Dreyfus could not
have cognizance of the brake.
Counsel proceeded to demonstrate
how vigorously the secret of the con-
struction of the brake was guarded, and
asked why, in 1894, the charges re-
garding the Robin Melinite shells were
not dwelt upon.
General Mercier-That arises on the
simple fact that it was not known un-
til 1896 or 1897 that information on
the subject was being divulged
The passage at arms between M. La
bori and General Mercier were follow
ed with the keenest interest. Both men
were wary and mutually suspicious OF
each other, and there was considerable
acerbity, Colonel Jouaust at times find
ing it difficult to prevent the discussion
from wandering outside legal paths.
Continuing. NJ. Labori asked why
General Mercier did not have a report
prepared regarding the confessions
Dreyfus is alleged to have made tc
Captain lie Brun-Renault.
Mercier-The question of the confes-
sions was of no chance as a revision oi
the case seemed impossible.
NJ. Labori-What does General Mer-
cier think of Esterhazy and the part he
played?
General Mercier-I do not know Es-
terhazy, and I do not think about him
at ALL
NJ. Labori-Did he know you at his
trial in 1898?
General Mercier-No.
Colonel Jouaust-General Mercier was
not Minister of War then.
NJ Labori-This is most interesting
General Mercier declares he knows
nothing of the trial of 1898.
| General Mercier-I know nothing oi
it. I leave that to the court-martial
which tried Esterhazy. I have only tc
answer in court for my acts, and re-
9es@e~s~sS>e~eec>~ ~o~eee~ee