The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-09-08
And Col. Jouaust Refused to Permit
Their Dispositions to BE Taken
I'm Germany and Italy.
ONE LOOPHOLE FOR DREYFUS
COURT OF CESSATION MAY ORDER A
RETRIAL IF HE Is CONVICTED.
How the Verdict May BE Returned
Judges-Mat. Carriere's Argument.

RENNES, Sept. To-day came the be-
ginning OF the end of the Dreyfus trial.
With the speech CT the government COM
missary, Major Carriere, the case entered
on the final stage of pleadings and the YER
dict will be delivered Monday at the
latest. There is even talk tonight OF the
trial ending tomorrow by holding extra
afternoon session for NJ Labori's speech
and the elaboration Of the judges. This.
however, is considered unlikely, as the gov
eminent Is anxious to have the judgment
withheld over Sunday in order to avoid
demonstrations which would probably de-
veiop bloodshed on a day when the work.
men are free.
The government Is not only fearful re-
garding Rennes. but is particularly con-
cerned regarding Paris and other large
towns where passions have been heated,
and the verdict whichever way 1t is given,
Is practically certain to give rise to trouble.
1t Is understood that the government has
intimated its desire to ths president of the
court-martial. Colonel Jouaust, and there is
no reason to believe that he will not fall in
with its views.
Colonel Jouaust this morning took the
most important decision yet taken and took
It entirely upon his own responsibility. al
though he Is undoubtedly only the mouth
piece Of the whole body OF judges. His de-
cision to exclude the testimony Of Colonel
Schwartzkoppen and Major Panizzardi was
most significant, as it meant that the court
had already reached conclusion and that
the pleadings of counsel were merely a
waste of time and might be dispensed with
II they were not necessity.
The court has made up its mind, but
which way? This Is the vital point and
forms the sole topic of discussion tonight
Both sides are equally confident the court
win decide in accordance with their view.
The Dreyfusards declare that the judges
cannot condemn Captain Dreyfus after re-
jecting the decisive evidence which
Schwartxkoppen and Panizzardi would have
given In his favor. The anti-Dreyfusards,
or the other hand, explain to-day's rulings
on the ground that the judges recognize
that the evidence of the two military at
taches would be worthless. because they
would be morally bound to save their agent
at any cost. sample of this reason was
given by an anti-Dreyfusard journalist.
who, when praising Colonel Jouaust's de-
cision. explained: What weight could he
attach to the testimony of schwartzkoppen
and Panizzardi? The receiver of the stolen
can
WHEN THE VERDICT is RENDERED.
From the popular point OF view the scene
in court when Colonel Jouaust delivers the
judgment will be Invested of its most sensa-
tional feature. owing to the absence OF the
central figure. Captain Dreyfus will be
taken to an adjacent room when the judges
retire to consider their verdict A moment
before they are to re-enter a bell will be
rung. and, as they take their places behind
the long table on the stage, the infantry
guard will present arms and remain at pre-
seat arms, while Colonel Jouaust, standing
In the center OF the platform. reads the YER
dict Captain Dreyfus will not be brought
back TO the courtroom and will not be pres
ent at the public meeting of the judges. but
when the courtroom has been cleared by the
gendarmes. which will be done as soon as
Colonel Jouaust concludes, the reading clerk
OF the court will proceed TO the room where
Dreyfus will be waiting and read to him the
verdict In the presence OF couple of gen.
darmes- The public viii thus be robbed OF
the spectacle OF his emotions. which are
bound to be most profound. whether the de-
cree sends him to the arms Of his family or
back TO the penal settlement.
The verdict may be a condemnation, an
unequivocal scquittal or form Of acquittal
that would be equivalent to the Scotch ver-
diet. mot proven" The last will be the
case IL the judges should pronounce against
him by vote OF to 8. That is, he would
be freed. even though the judges in his favor
should be In the minority. But this, natur-
ally, would be very unsatisfactory, as he
will bear the stigma for the rest Of his days
Captain Dreyfus thus has five chances
against the prosecutions three. Unanimi.y
3 TO !. to 2. 10 3. or 8 to will set him al
liberty. while unanimity. to !, or 5 to
win convict him. II convicted the Judgment
will be carried to the military court OF ap-
peals. which viii be a formal matter The
special court will only quash the indictment
and order retrial IL IL should be established
that the present court-martial has erred in
q matter Of procedure. This is in the high.
est degree improbable. The Court OF Casa.
ton will also have the right to order a re-
trial IL IL should decide that the. court.
martial has deviated from its instructions
This is the only .oophole for Dreyfus and
his friends viii undoubtedly fight this poln,
tccth and nail. Extraordinary measures
have been taken 10 spirit Dreyfus away
whether acquitted or recondemned. His de.
parture from Rennes will be enveloped In
the same mystery as was his arrival.
When Major carriere had concluded his
argument to-day Colonel Jouaust ordered
the adjournment Of the court. Dreyfus
rose quickly and apparently not detected
AS the prisoner was passing counsel's
table n LAbori stopped him and whispered
courage" Dreyfus smiled and nodded. and
a. he proceeded NJ Jaures. the Socialist
leader. and q number OF others seated on
the benches before which Dreyfus passed