The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-09-08
WILL NOT SUFFER
THEM To TESTIFY
Continued from First Page.)

Continued from First Page)
fuse to allow the defense to ascertain
| the truth"
Counsel added that he would make a
| formal application to This effect.
| Colonel Iouaust, President of the
court, invited the opinion of NJ. palelo-
gue, who replied:
| 1T is clear that considerations of pub
| lie policy stand in the way of foreign
military attaches appearing in a Frencn
court to testify in regard to facts OF
which they had cognizance in their diplo-
matic capacity. Colonel Schwartzkoppen
and Major panizzardi will not attend the
| court martial.
"As regards the despatch of a COM
mission, | believe the foreign office will
not oppose it, But | mnlst make all res
ervations regarding the use OF the tee-
graph | do not know if that would be
regular proceeding"
NJ. Ilabori: but couriers can be en-
| ployed."
NJ. palelogue: Il do not think the tele-
/ graph can be used.
| Major Carriere: Il do not oppose the
/ appointment of a commission. 1t is a
matter for the President to decide. There
is no legal objection, providing we respect
the provisions of the military code which
do not permit an interruption of the trial.
! Such procedure must Mot he allowed to
hinder the progress of the trial and must
| therefore be rapid"
NJ. Labori: Il think it possible to make
the procedure | propose very rapid. The
MILITARY code provides for a suspension
of As hours. On the other hand, the
court might shorten it's sittings. reduc-
ing them four hours each. In any case,
l shall have the honor of formulating
an application which will Submit to the
| court"
NJ. I.abori then read his application.
saying that as considerations OF public
policy prevented the appearance Of Col
| onel Schwartzkoppen and Major Paniz-
zardi before the court martial. commits
sions should be sent to examine them.
in order to permit those officers to state
under oath all that they know with re-
gard to the case. Counsel requested the
court to have the following questions
put to each of the two officers:
"First4 On what date did you receive
| the documents mentioned in the bor-
dereau?
"Second-Are these documents in the
same handwriting as the bordereau,
which you know from fac smile?
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 docu-
ments?
"Seyenth-Was it to the same CORE
spondent that you addressed the petit
bleu to. referred to in the conversation
between Count Won Munstr and NJ Del
casse?
Eighth Have You had direct rela-
tons with the accused?"
NJ. Labor urged the importance of the
evidence of these two witnesses, who.
he declared, he would not HAY cited if
Cernuschi had not been called. Coun-
sci pointed out that it was possible to
suspend the proceedings long enough to
obtain replies to the questions, which he
considered indispensable.
The court retired to deliberate on the
aust read the judgment He declared
that the President of the court alone
was competent to appoint commission
to interrogate Colonel Schwartzkoppen
and Major panizzardi and that the court
| unanimously pronounced itself incom-
petent to give effect to counsel's motion.
NJ. Labori asked Colonel Jouaust
whether, seeing that he alone was COM
a,,f hfa IN ha
ton?
Colonel Jouaust replied:
81 do"
NJ. Cochefert, chief of the detective
department, was recalled in connection
with Colonel Du Patty De CLAIMS ver-
sion Of the dictation scene. He said
he noticed Dreyfus show great pertu-
beration after having been questioned
| by Du Patty De Clam.
| The witness added that on n side table
was a revolver and Dreyfus, noticing the
weapon. exclaimed:
| Il will not take my life. / will live
and prove my innocence"
| A letter was read from Captain Hum
bert of the engineers, who met Dreyfus
carrying documents from the Geographi-
| cal Department.
Humbert also referred TO the desire
| OF Dreyfus to enter the statistical sec
/ ton.
In reply to the usual questions Drey
| fus said that Captain Humbert's recoi-
lections We're not exact.
Colonel Jouanst: did you apply to
| Colonel Sandherr with the view of en-
tering the statistical seotion?'
Dreyfus: mo. No"
Colonel Jouaust: did you not ex-