The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-09-08

Labori's Failure to Secure Dispositions
of FOreigners-Carrfer Speech.

nollCtu lHdL tHe SeHeIdlS were AGAIN III
uniform. foreshadowing further field oper-
atoms on their part.
Major Carriere the government commits
sary, opened the proceedings with the an
nouncement that Eugene de Cernuschi the
Austro-Hungarian refugee. was sick and
unable to attend court to-day, but held
himself at the disposition of the court at
the hotel.
After this Savignaud. the former orderly
of Colonel Picquart, and one of the wit
nesses, asked the court to certify that Sem
ator Trarieux. the former minister of JUS
tice, had called him an impostor and per-
jurer.
NJ. Trarieux arose and insisted that
Savignaud's evidence was contradiction
of the evidence of Colonel Picquart, NJ.
Scheurer-Kestner and NJ. Roques, proving.
he claimed. perjury omewhere, but not by
the last trio of witnesses. NJ. Trarieux
added that his statements were in accord
ance with the dictates of his soul and con-
science, and II he was amenable to the law
for them, there was also a law against
perjurers.
After the court had certified to M. Ira
rieux's charge, NJ. Labori arose and said:
II have received notice that, for reasons
of public policy, Major Panizzardi and Col.
Schwartzkoppen could not come to Rennes
to testify before the court-martial. But 1
am also informed from the same quarter
that they would answer the questions of
commission sent by the court-martial.
therefore beg the court to direct, as in the
case of Colonel Du Patty de Clam, that Col.
Schwartzkoppen and Major Panizzardi be
examined by commission. The court will
certainly understand that the defense must
submit to the necessities of public policy,
which are. / have no doubt. similarly un-
derstood by the government of the repub-
lie. I shall. therefore, be glad If you will
ask ID. Paleologue If, in this case. the tele-
graph must not be employed. I think such
method would be exceedingly rapid. and
I am convinced that the president of the
court-martial and the court-martial itself
will not refuse to allow the defense to as
certain the truth" Counsel added that he
would make a formal application to this
effect.
Colonel Jouaust president of the court,
invited the opinion of NJ PaleoIogue, who
replied: 1T is clear that considerations of
public policy stand in the way of foreign
military attaches appearing in a French
conrtsto testify in regard to facts of which
they had cognizance in their diplomatic ca
pacity. Colonel Schwartzkoppen and Major
Panizzardi will not attend the court-mar-
tial. As regards the dispatch of commits
sion, believe the Foreign Office will net
oppose it. But / must make all reserva-
tons regarding the use OF the telegraph. I
do not know If that would be a regular
proceeding
M. Labori-But couriers can be employed.
M. Paleologue-I do not think the tele-
graph can be used.
CARRIERES STATEMENT.
Major Carriere-I do not oppose the ap-
pointment of commission. 1t is a matter
for the president to decide. There is no
legal objection provided we respect the pro-
visions of the military code, which do not
permit an interruption OF the trial. Such
procedure must not be allowed to hinder the
progress of the trial and must therefore be
rapid.
NJ. Labori-I think it possible to make the
procedure propose very rapid. The mill
tary code provides for q suspension of for
ty-eight hours. On the other hand, the
court might shorten its sittings, reducing
them four hours each. In any case I shall
have the honor of formulating an applica-
ton which will submit to the court.
While NJ. Labori vas drafting his motion
member OF the court-martial remarked
that certain documents mentioned in Du
Patty de CLAIMS dispositions could not be
found either among the records or in the
statistical department of the War Office.
NJ. Demange-Perhaps they are under SEAL
M. Labori then read his application, say
| ing that as considerations of public policy
prevented the appearance of Colonel
Schwartzkoppen and Major Panizzardi be-
| fore the court-martial commissions should
bo ont to axa Ynip ham in
those officers to state under oath all that
they knew in regard to the case. Counsel
requested the court TO have the following
| questions put to each of the two officers:
First-On what date did you receive the
| documents mentioned In the bordereau?
Second-Are these documents in the same
/ handwriting as the bordereau, which you
know from facsimile?
Third-What did these documents contain ?
Fourth-Did you receive the firing
manual either in the original or copy?
Fifth-Did you receive the graduation bar ?
Sixth-Since what date and until what
date did you receive those documents?
Seventh-Was 1t to the same correspond
/ ent that you addressed the petit bleu to
| referred TO in the conversation between
Count Won Munster and NJ. Delcasse?
Eishth-Have you had direct relations
| with the accused?
| Colonel Jouaust invited Major Carriere's
opinion and the latter referred TO the pro-
visions Of the military code
4 NJ Labori urged the Importance of the
| evidence OF these two witnesses, whom he
| declared he would not have cited If Ger
| nuschi had not been called. Counsel pointed
cut that 1t was possible TO suspend the pro-
/ ceedings long enough to obtain replies to
| the questions, which he considered indis-
/ pensable.
REFUSED BY JOUAUST.
| The court retired to deliberate on the mo-
| ton. and on its return Colonel Jouaust read
| the Judgment IL declared that the presi-
| dent of the court alone was competent to
| appoint commission 10 interrogate Col.
i Schwartzkoppen and Major Fanizzardi, and
that the court unanimously pronounced
itself incompetent 10 give effect TO counsel s
| motion.
u. Labori asked Colonel Jouaust whether
| seeing that he alone was competent. he re-
fused TO grant the application. Colonel
Jouaust replied. Il do"
NJ. cochefert, chief OF the detective de-
partment. was recalled in connection with
Colonel Du Patty de Clans version of the
dictation scene. He said he noticed Drey-
fus showed great perturbation after having
been questioned by Du Patty de Clam. The
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