Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-09-08


The proceedings In detail were as fol-
lows:
Major Carriere, the Government Com
mssary, opened the proceedings with
the announcement that Eugene de Ger
nuschi. the Austro- Hungarian refugee
was SICK and unable to attend court to-
day, bu held himself at the disposi
tlUn of the court at his hotel
NJ. Labori rose and said:
LABORTS REQUEST.
81 have received notice that, for rea-
sons of public policy, Major Panizzardi
and Colonel SchwartzSoppen could not
come to Rennes to testify before court
martial. But am also Informed from
the same quarter that they would an
swer the questions of IL commission
sent ,by the court-martlal. l therefore
beg the court to decide, as III the case
Of Col Du Patty dc Clam, that Col.
acknowledgement and Major Panizzardi
he examined by commission. The court
Will certainly understand that the de-
Tense must submit to the necessities of
public policy, which are, l have no
doubt, similarly understood by the gov
eminent of the Republic. I shall. there
fore, be glad If you will ask NJ. Pale
logue if, in this case, the telcgra ph
must not BIZ employed. think such a
method would be exceedingly rapid,
and am convinced that the president
of the court-martial and the court
martial itself will not refuse to allow
the defense to ASCERTAIN the truth"
Counsel added that he would make
Il formal application to this effect.
REASONS FOR AND AGAINST.
Colonel Jouaust, president of the
court, invited the opinion of NJ. Pale
logue, who replied:
1t is clear that considerati tons of pub
lie policy stand I'm the way of foreign
military attaches appearing in a French
court to testify in regard to facts of
which they had cognizance in their dip
iomatic capacity. Colonel Schwartz
koppen and Major Panizzardi will not
attend the courtmartlal.
AS regards the dispatch of COM
mission, believe the Foreign Office
will not oppose IL. But l must make all
reservations regarding the use OF the
telegraph. ] do not know IL that would
be u regular proceeding"
M. Labori: But courlers can be en-
poyed."
NJ. Palelogue: "I do not think the
telegraph can be used"
Major Carriere: II do not oppose the
appointment of Il commission. 1t Is q
matter for the President TO decide.
There is no legal objection. providing
we respect the provisions of the mill
tary code which do not permit an in
terruption of the trial. Such procedure
must not be allowed to hinder the pro-
:,
be rapid
NJ. Labori: 81 think it possible to
make the procedure | propose very rap
idly. The military codes provides for a
suspension of As hours. On the other
hand the court might shorten It's sit
tlngs. reducing them four hours each
In any case shall have the honor of
formulating an application which I will
submit to the court"
LABORI READS APPLICATION.
NJ L.abori then read his application.
saying that rs considerations of public
policy prevented the appearance of Col
acknowledgement and Major PanizzarL
before the court-mArtal, commissions
should be sent 10 examine them. in or
der to permit those officers to state
under ath all that they know with re-
gard to The case Counsel requested the
court 10 have the following questions
put To each of the two officers:
First. On what date did you receive
the documents mentioned in the border
eau?
Second. Are these documents in the
same handwriting as the bordereau,
which you know from n fac smile?
Third What did these documents
contain?
Fourth. Did you receive the firing
manual either in the original or a
copy7
ri IN. Did you receive the gradual
Sixth. Since what date and unt,,
what date did you receive those docu
mentS?
Seventh. Was it to the same cores
pendent that you addressed the petit
Dleu referred to in the conversation be-
tween Count Won Munster and NJ. Del
casse?
Eighth. Have you had direct rela-
lions with tha npoI1so6
REFLECTED.
The court retired to deliberate on the
motion and, on its return, Colonel Ion
aust read the Judgment He declared
That the president of the court alone
was competent 10 appoint n com mission
10 interrogate Colonel Schwartzkoppen
and Major Panizzardi and that the
court unanimously pronounced itself
incompetent to give effect to counseI's
motion. 49,
NJ Labori asked Colonel Jouaust
whether. seeing that he alone was com
petent, he refused To grant the appli-
cation.
Colonel Jouaust replied: 81 do"
NJ. Cochefort, chief of the Detectdvo
Department was recalled in connection
with colonel Du Patty de CLAIMS YER
sion of the dictatifn scene. He said
he noticed Dreyfus showed great per
liberation after having been questioned
by Du Patty de Clam.
Inc witness added that on a side
table was revolver and Dryefus. no
tlclng the weapon. exclaimed:
II VIII not take MY life. I will live
and prove my innocence
letter was read from Captain Hum
bert, or the engineers, who met Drey-,
fus carrying documents from the Geo
graphical Department.
Humbert also referred 10 the desire
of Dreyfns to enter the statistical sec