The evening times., 1899-04-20
The D-eyfus Case.

The report in the Paris cablegram in The
| Times. this morning, in relation to the
! Dreyfus case. must strike the American
jurist with wonder. The Court of Casa
| ton. consisting of forty five judges, is sup
! posed to have reached the decision that a
new trial of Dreyfus under the application
of his friends would be contrary to the Gus
tom of the court. The pom is that revision
was asked for on the ground of new evil
dence. In support of that the confession
of forgery by Colonel Henry and his sui
eide, and some other matters relating to
Picquart and Esterhazy, were offered. The
court is said to be of opinion that these
things do not directly affect the case of
Captain Dreyfus. Hence. while confident
that there are ample grounds for a re-
vision under an application based on the
admission of secret evidence which the
accused was not allowed TO see, the judges
will declare against it in disposing of
Madame Dreyfus' appeal.
Perhaps this would be technically right;
probably it is the custom not to enter in
to the merits of a case under such an ap-
plication. but to limit the hearing to the
evant and ample. Yet il must strike Eng
lishmen and Americans as strange that in
case where SO little attention was paid
TO the rights of a defendant in his pro e.
cution; where custom and specific laws
and every principle OF justice are de.iber-
ately violated in order to convict pre-
ably innocent man, court of forty
five justices cannot make mild depart
ure from custom to right the wrong. To
destroy an innocent man a military court
may throw of all restraints of law. but
to relieve him Of the injustice the highest
court will not admit that Henry's con-
fession touches the merits of the Dreyfus
case. They know that, in fact. it does.
Public opinion and the comments of the
press show that this is the natural infer
epce, but because of some technicality the
judges refuse to admit it.
This does not mean that the hopes Of his
wife and friends and Of the civilized world
are blasted. The court will. il its present
intention is carried out, intimate that an
appeal for revision on other grounds will
be sustained, and the attorneys for Drey-
fus are preparing a new application. 1t
does mean a delay, however, and to a man
who is almost distracted and in isolation,
delay is serious. Besides, Dreyfus may
lose some of the benefits of the present IA
vorable state of mind Of the Justices What
may take place before a new case
can be brought and tried, no one can say
could show more clearly the SUBJ
ordination of justice to technicalities and
legal eonventionalities ON the part Of the
civil courts, and the contempt Of rules on
the part of military courts, in France. An
innocent man suffers more dangers of con-
viction before military tribunal than he |
has chances of release before civil court |
The exasperating thing is that the justices |
refuse to decide according to their belief |
They all know that the confession and
suicide OF Henry are favorable to Dreyfus, |
but simply because the connection cannot |
be established according to legal formali- |
ties, they decide against him. They are
not called upon, in this proceeding, to 70 |
into the merits of the case for and against |
Dreyfus, but only to determine whether |
he should have a new trial. Their POSI- |
ton is much like that OF an American |
grand jury. The latter, believing that a |
man is guilty Of crime. does not refuse
To- hold him for trial because of q. mere
legal formaiity. Justice Is Its aim. That /
Is the trouble with the French oourt-it /
IS less concerned about justice than the
integrity OF custom.