Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-07

Every one in the court stood up when
the judges returned after deaiberating a
quarter Of an hour.
Jouaust read the announcement that
the judges had unanimously decided that
President Jouaust was competent to or
der rogatory commission, and that the
judges as body, according to military
code. were not competent to do SO.
Labori thereupon asked Jouaust if he
still maintained his refusal to appoint a
commission. the colonel having said when
Labori submitted his conclusions that he
was opposed to the application.
Jouaust replied yes" and the evidence
of Swartzkoppen and Panizzardi with re-
gard to their relat with Dreyfus was
thus excluded.
The refusal of Jouaust seemed mex
pllcable. because it appeared to be his
duty to receive all evidence directly
bearing on the case, and that especially
the evidence Of the two attaches, the re-
fusal of whose evidence is equivalent to
slight on their respective countries.
That JOuaust's decision means the con-
demnation of Dreyfus was the unani
nous opinion of the -Dreyfusards,
and it was also the opinion of the ma
jority Of the Dreyfusards. whose last
hope is that Jouaust only dared to refuse
to take the evidence of Schwartzkoppen
and Panzzardi because the court had all
ready made up it's mind to acquit the
prisoner.
After the decision of the court refusing
to examine attaches by commission had
been delivered reports relating to experts
n n q iOn of nop Of +1,o Inr I7ar-
eau was read.
Then Labori complained Of the absence
of Cernuschi, who sent a letter to Joaust
saying he was indisposed and confined to
his house. Counsel said he wished to
question this witness and asked that GER
tain letters be submitted to the court,
showing Cernuschi was the subject of
mental arrangement and setting forth
other facts unfavorable to him.
Roget, Picquart. MERCER and Hart
mann We're allowed to make few ex-
plantations of evidence affecting them.
They all dwelt upon comparatively min
or points.
Major Carrere was called upon to de-
liver the final speech for the prosecution,
which only lasted an hour and a quarter,
and which was generally characterized
as one of the weakest orations ever
heard in the court. He said he considered
it to be established that Dreyfus wrote
the bordereau. though the phrase con-
cerning the conveying of troops was very
significant. He pointed out that Dreyfus
could have obtained the information with
little trouble. Carriere argued that Es-
terhazy could not say in August that he
was going to the maneuvers, while Drey-,
fus could have thought so up to August
%. The government commissary affirmed
that he himself noticed the alteration in
Dreyfus handwriting since 1894 in letters
which he had written from Devils island.
Abiding to the secret dossier the major
said Esterhazy was not in position to
furnish the interesting information.
My belief in the innocence of Drey-
fus.' said Carriere in conclusion "had
been transformed into the conviction Of
his guilt. which has been strengthened
by the testimony of witnesses of the PROS
ecution. Today come to tell you on my
soul and conscience that Dreyfus is gull
ty. and to ask for the application of arti-
Gle 76 of the penal code.'
All generals and other officers who We're
seated in witness chairs left the court
room just before the government COM
missary closed, in accordance with orders
of the minister of war to leave Rennes
within two hours after pleading had be-
gun.
There was an interesting scene in the
court yard of the Lycee. where the Off.
GERS took leave of each other. They ap-