The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-09-08


Colonel JouausF, prssi dent OF the oourt,
invited the opini0n OF NJ. PalsoloQue
who replied: sit II clear that gonsldern-
ton of public policy stands 10 the way
OF foreign military attaches appearing In
French court to testify In regards to
facts OF which they had coguizinos In
their diplomatic capacity. Colonel
Schwarfzkoppen and Major Pan! zzardi
Will not attend the court martial
"As regards the despntuh of the com
mission believe the foreign Office will
not oppose It. But must make all res
ervations regarding the uss OF the tele-
graph. do not know whether that
would be a regular proceedine."
M. Labri-'But couriers can be em ;
ployed .
n. Pslosiogu s--''I don't think tnat tho
telegraph oan be used.''
Major Carriere-s'I don't oppose the
appointments Of commission. IL Is a
matter for the president to decide. There
II no legal objection, provided We respect
the provisions or the military code which
do not permit an Interruption of the tTiai
Such procedure must not be allowed to
therefore be rapid "
The court retired to deliberats ON the
motion aud on Its return Colonel Jouaust
read the judgments. 1t declared that the
president OF the court alone was compe-
tent to appoint commission to inter-
~ ON@8@Ata
oi Pauizz lrdi and tine court uuanim GUS
" pronounced itseif incompetent to give
effect TO counsel'e motion. NJ. Laburi.
asked Colonel Jouaust whether, sesing
that he alone was competent he refused
Co grant the appiica ion.
Amid prolonged excitement, Colonel
Jouar st replied, 81 do"
make ths procedure propose very rapid.
The military code provides for q suspen-
siun Of 43 hours. On the other hand,
the court might shorten it's sittings, re-
ducing them four hours each. In any
case, shall have the honor Of formu
ing an application which will submit
TO the court"
While Nj. Labori was drafting his mo-
tion. n mem bsr of the court martial re-
marked that certain documents mention
ed In Patty de CLAIMS deposltions could
not be found either among the records OF
In the sta tistical department. Of the wal
office.
NJ Demangs-tPerhaps they are under
seal. I"
NJ. Labori then read his application,
saying that as considerations of public
pnlicy prevented the appearance of Colon
81 Schwartz koppen and Major Paniz yardi
before the court martial, commissions
should be sent TO examine them, In order
to permit those officers TO sEats under
oath all that they knew In regard to the
csse. Counsel requested the court to have
the following questions put to each of the
two officers;
First-aOn what date did you receive
the documents mentioned In the border
eauY',
Seconu--"Are these documents In tha
same hand writing as the bordereauS
lhird-"What do these documents CON.
taina'
Fourth--tDid you receive the firing
manual, in either in the original or
copyT'
Fifth-tDid you receive the Graduation
Bari
sixth-"sinoe what date aud until
what date did you receive these docu-
Ssventh--"Was 1t to the same corres-
pondent to whom ycu addressed the petit
bieu referred to in the conversation be-
tween Count von Munster and NJ.
Decinesef"
Eisht-"Have yyu you had direct relations
Colonel Jouaust invited Major Car
riere's opinion and the latter referred to
the provisions Of the military code.
N. Labori urged the Importance OF tho
evidence OF the two witnesses whom he
would not have cited il Cernusohi had
not been called. Counsel pointed out it
was impossible to suspend the proceedings
long enough TO obtain replies to ques-
tions which he considered Indispensable.
III. Cochefert, chief Of the detective de-
partment was recalled in connection with
Col. Du Patty de CIam's 8 version of the die
tAtion scene. he said he noticed Dreyfus
showed great perturbation after being
questioned by Du Patty de Clam. The
witness added that on side table was a
revolver and Dreyfus, noticing the wea-
pom, exclaimed: 81 will not take my
life. will live and prove my iuno-
cence."
After Lieutenant Bernheim had been
recalled and explained to the court the
uses of the graduation bar, which Gener-
al Mercier produced for the courts benefit
letter was read from Captain Hum bert
OF the engineers. who like the witness
1aliopin met Dreyfus carrying docugents
from the geographical department.,
Hnmbert also referred to the desire of
Dreyfus TO enter the statistical section.
n. Lahori-"I think it possible to
In reply to the usual question Dseyfus
said tina Captain Hambert's recollections
were not exact adding:
~ IN 7 regard to the papers mentioned.
perhaps it Is advisable to have the com.
missariat tables of plan IL produced,
when you will SEQ that they ara of no
great Importance. 1t Is certain 1 was
acquainted with five or six tables, the
printing of which / was instructed 20
superintend.n
Colonel Jouaust-"Did you reply Co
Colonel Saniherr with the view of en-
tering the statistical sectionr"
Dreyfua-"No, no.
Colonel Jouaust-"Did you not express
such desire 20 your comrads sf'
Dreyfus-"No.n
General Mercier here reeppeared on the
scene. Asserting that the evidence of
Captain Freystaettsr must have
greatly influenced the judges he referred
to the attacks on himself made by the
revolutionist newspapers, saying that In
consequence of Freystaetter's assertions he
had been described as 0 forgsr and 1t Was
great satisfaction TO him now to be able
to reply to Captain Freysiaetter by adj
ducing In addition to the testimony Of
Colonel Maurel, az addition OF his own
testimony which was confirmed by Col
onel Du Patty de CLAIMS exposition.
Continuing the general said that In for.
nation which he had happily been enable
to obtain would completely enliRhten the
JUDGES. He maintained that in 1874 he
gave orders that the various translations
of the Panizzafdi telegram received from
the foreign office should not be taken into
account an he cited the testimony of Gen.
eral DE boiseffre and NJ. Grobalin on this
roint. The sealed envelope handed the
eCnPt MARTIAL of 1cu4 a..