The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-09-10

refused to receive q paper on which
EsTERHAzY had inscribed a facsimile OF
the borderedu, thus enabling himself to be
identified as the author Of that document.
The climax Of iniquity was reached when,
on the one hand the testimony Of Ser
Wan refugee, subsequently acknowledged
to be a miscreant and lunatic, was ac-
cepted against DREYFUs WHILE on the
other hand, the presiding judge refused
to authorize request for the deposit
tions OF two other foreigners. Col.
SCHwARTzKoPPEN and Col. PANIzzABDI,
who were in pc sition to testify
from whom they received the papers emu
merated In the borderedu. The decisive
Importance OF their evidence was recog-
nized by the prosecution as well as by the
defence, and the refusal Of Col. JoUAUsT to
permit any endeavor to obtain 1t, is explic-
able only on the theory that, inflexibly de-
termined from the outset to convict, he cav
the necessity Of repelling at any cost such
testimony az would render conviction i'm
possible. lie did not want conclusive
proof that DREYFUs never wrote the
bordereau; he knew that such proof
could come only from the recipient Of that
source Of truth patent and unanswerable
should be sealed. Even in the record of
barbarian tribunals there Is no more
shameless decision.
1t was a majestic opportunity which the
Rennes court-martial has abused. The
Court Of Cessation might have proclaimed
DREYFUs innocent, but, in its unanimous
Judgment, 1t confined itself to clear express
sion Of its opinion, and RENTED to sec
ond court-martial the rehabilitation OF
man unjustly subjected to awful degrade
tion and atrocious suffering, In order that
the General Staff might have a chance to
redeem itself in the eyes OF the army and
the country. That chance the General
staff has thrown away. There is reason to
believe, indeed, that two Of the Generals
less directly implicated than others In the
odious affair-we refer to BoIsDEPFRE and
BrLLoT-perceived dimly that their saliva
ton might lie in the direction suggested
by the highest civil court. They seemed,
for moment, to waver in the vile business
Of browbeating judges and driving them to
u breach OF their sworn duty. But
their decent impulses and their scru-
Piles were overborne by the plead
ings or the threatening Of comrades more
deeply stepped In turpitude. and 30 they
withheld their hands, and let the villainous
work be done. Their honor, rooted In dis
honor stood, and faith, unfaithful, made
them falsely true.
But what Of DREYFUs? Is there no
remedy for the wrong Of which he is now
made second time the victim? or course,
an appeal may be taken TO the Military
Court Of Review, but this is permanently
organized body made up Of officers Of high
rank, quite as likely to be influenced by the
General Staff as were the members
of the Rennes court-martial Should
they confirm the adverse sentence,
the counsel for the accused will
undoubtedly request the Minister of JUS
tice to set once more in motion the revision
machinery. II the request Is needed, the
Minister will invite commission composed
half Of members appointed by himself, and
half OF Judges selected from the Court OF
Cessation, to report upon the question
whether there is ground for a refer
ence Of the judgment Of the second
court-martial to that supreme tribunal.
The Minister OF Justice will Individually be
guided by the wishes OF Premier WALDECK-
ROUSSEAU and Of President LoUBET. Let
us hope that the latter sees reason to
deplore the recent speech in which he too
hastily declared that every Frenchman
ought to abide by the Judgment Of the
Rennes court-martial. The Chief Magistrate
OF France is himself now on trial. and II he
meant what he said on the occasion referred
to- he will not escape in his turn the con-
domination OF the world.