The record-union., 1899-09-08

NJ Paleologue of the French Foreign
Office and Major Carriere did not op
pose M. Labori's application.
After M. Labori had submitted his
application the chief of detectives, NJ.
Cochefort, deposed favorably regarding
the attitude of Dreyfus when Colonel
Du Patty de Clam dictated the border
eau to him.
The Clerk of the court read a letter
from Captain Humbert to the effect
that Dreyfus had expressed a keen de-
sire in 1894 to enter the statistical sec
ton of the Office, and saying that he
met Dreyfus once carrying some volu-
minous packets of maps and docu-
ments, and remarked that he was
| acting very imprudently.
Dreyfus calmly traversed Captain
Humberts statements, declaring them
to he inexact.
General Mercier came to the bar and
said that he felt the deposition of Cap
tain Freystmetter was bound to have
produced considerable impression on
| the minds of the Judges. He spoke OF
| the attacks made on him since the
| Captain had testified, saying the Drey
| fusards press had been calling him g
| fake witness, etc.
The General declared that he gave an
| order in 1894 that nothing should be
done with the various translations of
the Panizzardi dispatch, adding that
| he, himself, was present when the
packet of secret papers for the court
martial was made up, and it did not
contain the Panizzardi dispatch
a ho n ciT h. T17l
| of the court-martial on the subject, but
none of them was prepared to swear
that the dispatch was not submitted to
| them, because their recollections were
now rather vague.
| This statement of General MERCER
| evoked a chorus of disgusted Obs"
from the audience.
| General MERCER proceeded to call at
tention to the contradictions in Cap
! tain F'reyStmatter'S statements, read
| ing an old letter from the Captain to a
! friend, in which he declared his mind
was made up in 1894 before he saw the
| secret dOssier, and another letter from
an officer who was in the company with
Freystmetter in Madagascar, where the
| writer asserted that Freystmetter
| talked of the court-martial of 1894, but
never mentioned the PanizZardi dis
| patch.
General Mercier brought up two bad
points in Captain Freystmetter's ca
reer. While in Madagascar, MERCER
said, he was guilty of an act of dis
! obedience to his chief and he also exc
cuted thirty natives. This assertion
caused certain impression in the au-
n Nh
er Mercier to abstain from giving any
further particulars.
| The General added that he firmly be-
| lieved Freystmetter was a brave man,
| but he thought the two acts referred to
! showed he could not be entirely trusted.
| He asked the Judges not to allow the
Captains evidence to shake their con-
| fidence in his own deposition, but TO
| lend him the same credence as though
! the Fr%ystmetter incident had never oc
CURED.
The court then retired to deliberate
on NJ. Labori's application, and its
| probable decision was eagerly dis
cussed. Every one in court stood up
| when the Judges returned, after delib-
Grating a quarter of an hour. Colonel
Jouaust gave the order present arms
to the guard at the bottom of the hall,
while he, standing, and with the other
Judges standing on either side of him,
read the announcement that the Judges
had unanimously decided that the
President Colonel Jouaust, was compe-
tent to order a rogatory commission,
and that the Judges, as body, accord
ing to the military code, were not COM
petent to do so.
NJ. Labori thereupon asked Colonel
Jouaust if he still maintained his re-
fusal to appoint the commission, the
| Colonel having said, when NJ Labor
submitted his conclusions, that he was
opposed to the application.
Colonel Jouaust replied Yes" and
the evidence of Colonel Schwarzkoppen
and Major Panizzardi with regard to
their relations with Dreyfus, was thus
excluded.
The refusal of Colonel Jouaust
| seemed inexplicable, because it ap-
peared to be his duty to receive all
| evidence directly bearing on the case.
ard more especially the evidence of the
two attaches, the refusal of whose evil
| dence is equivalent to a slight on their
respective countries
That Colonel Jouaust's decision
means the condemnation of Dreyfus,
was the unanimous opinion of the anti
/ Dreyfusards, and it was also the opin-
| ion of a majority of the Dreyfusards,
whose last hope is that Colonel Jou-
aust only dared to refuse to take the
| evidence of Colonel Schwarzkoppen and
Major Panizzardi, because the court
had already made up it's mind to ac-
quit the prisoner.
After the decision of the court refus-
| ing to examine the attaches by COM
| mission had been delivered, reports re-
/ lating to the experts examination OF
the papers of the bordereau were read
Then NJ. Labori complained of the
/ absence of Cernuschi. who sent a letter
to Colonel Jouaust saying he was in
| disposed and confined to the house
| Counsel said he wished to question this
witness, and asked that certain letters
| be submitted to the court showing
! Cernuschi was the subject of mental
| arrangement and setting forth other
facts unfavorable to him.
General Roget, Captain Cuignet,
Colonel Picquart, General Mercier and
Major Hartmann were allowed to make
a few explanations of the evidence af-
fecting them They all dwelt upon
comparatively minor points.
Major Carriere was called upon to
deliver the final speech for the prosecu-
ton, which only lasted an hour and d
quarter, and which was generally char
| acterized as one of the weakest ora