The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-06
to prevent something even worse than
moral Influence
Labori's Surprise.

to prevent something even worse than
moral influence.
Laborrs Surprise.
The Dreyfus court martial opened
with secret session. at which the Sc
| cret espionage dossier mentioned by
| Cugnet was read.
The open sitting was resumed at
| O'Clock. NJ. Labori, leading counsel for
| the defense, submitted a preamble and
motion in the following terms:
'As | had the honor to announce yes
terday, j beg to submit to the court
martial the following conclusions:
May it please the court in view of
the fact that at its sitting on Monday,
Sept. 4, the president of the court
martial by virtue of his discretion and
power, called as witness Eugene D.
Cernuschi former lieutenant of cav
airy in the Austrian army, residing at
81 Rue Chambon, Paris. who presented
notably that Dreyfus had been signal
| ized to him not only by the chief of a
| department in the foreign office of
| central European power, but also by
| an officer of the headquarters staff of
| a central European power. as an in
| former in the service of foreign nations
| and considering that the intervention
| in such circumstances of a former Off
| GER of foreign army against the
| French officer renders necessary that
| the defense abandon the reserve they
nave hitherto imposed upon themselves
and move for the communication to the
court of the documents enumerated in
| the paper called the bordereau and of
which communication to the court will
| be of such nature as to prove In
striking manner the innocence of the
accused with regard to allegations
which cannot entirely or Immediately
be refuted except by official docu-
ments, / therefore move that the gov
ernment commissioner request the gov
ernment to ask the power or powers
concerned, through diplomatic chan
nels, for communication Of the docu-
ments enumerated in the paper called
the bordereau."
After reading the above NJ La bori
proceeded to inform the court that he
did not intend to develop conclusions
which in themselves were insufficient.
Il am well aware" said counsel for
the defense. that we are face to face
with a peculiarly delicate situation.
but as ] have no control over decs-
ions of the court with regard to the
conclusions l have the honor to sub
NIT, | beg to state that j have notified
the government commissioner to name
Colonels Schwartzkoppen and Panni-
zardi as witnesses whom | consider it
necessary to call before the court mar
tial at Rennes If they are willing to
testify before it. I beg to point out
that it is only now and for exceptional
reasons that we are obliged to have re-
course to the testimony of foreign Off
GERS. | add that in view Of present
circumstances there is nothing in this
course that can cause anxiety. 1t Is
in conformity with precedent. The mo-
ment is very near when truth and light
are about to break forth. showing the
innocence of the accused"
Major Carriere replied:
I'VE cannot prejudice the issue Of a
trial in the conclusions submitted by
NJ. Labor. One point seems to be ex-
tremely delicate. These conclusions
amount to request that the court in
struct the court commissioner |
to ask the French government to sub
NIT to a foreign government. through
diplomatic channels, request for the |
production Of the documents which are |
peculiarly non-diplomatic and possess |
little of the character.
Delicate Mission.
Therefore this mission imposed on |
the French government is of a very del |
icate kind. l do not know if the gov |
ernment commissioner is qualified to |
perform such a function. / cannot con- |
ceive of one government addressing an
other such a request. / think the end !
in view cannot be attained. The de-
fense, which has powerful means be- |
hind it, might obtain these documents !
there are reasons to believe the gov
ernment cannot undertake the mis-
sion. I make all reservations, then, in
this respect.
LAS regards notification to me of the
names of Colonels Schwartzkoppen |
and Pannizardi, | see no reason why
the gentlemen should not be examined |
by the court If they care to attend.
The court will determine what course
shall be taken with regard to the re-
quest presented by the defense con-
cerning documents to be obtained
abroad.
This seems to me beyond our juris-
diction. The court will Judge. / beg the
president ITO retire With the judges to
a private room and decide the ques-
ton"
M Paleologue, the representative OF
the foreign office, supported Major Car
riere's views. He said:
II understand perfectly the import
ance the defense attaches to the pro
duction of the documents enumerated
in the bordereau, seeing that the whole
case turns upon them.
But while the request of the aC-
cused appears to be based on logic and
justice, it seems inadn nissible from
diplomatic point Of view COnsdera-
tions of the highest order are opposed
to the government taking the initiative
it is requested to take with a foreign
power"
Colonel Jousaust promised that the
court would announce its decision later.
Segre Bassett the first witness called
to-day, testified that the Matin sent
him to London on five occasions to in
terview Major Esterhazy, who furnish
ed a mass Of interesting information
concerning the headquarters staff. Es-
terhazy declared that he was not the
author of the bordereau, though the
witness did not believe him. Ester
hazy complained bitterly Of the gen
erals, who, he said, had thrown him
overheard, adding that there was moth
ing left for him but to blow out his
own brains. The witness advised
against suicide and urged Esterhazy to
the utmost endeavor to reveal the
truth and the part he had played. FL
nally. while walking in Picadilly, Major
EsterhaZy said to the witness:
Esterhazy's Confession.
We'll, Ribon Ghe witness psuedo-
nym), | am going to tell you what no