The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-11-10
MISCARRIAGES OF MILITARY
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How important is the necessity of
providing against these eventualities is
strikingly illustrated in the Dreyfus
case. Leaving aside all question Of
conspiracy, it is manifest to even the
most superficial observer that the ac-
cused is victim of military prejudice,
and that his conviction in 1884, even
had he been guilty of treason, would
have been illegal by reason of the
ignorance of law manifest by his judges
in accepting and conyicting him on EVIL
dense that was not legally admissible.
The matter of military prejudice is OF
Importance, specially when, as in the
case of Dreyfus, subaltern officers like
the prisoner himself, Picquart, Trey
staetter, Cordier, etc, find themselves
against the principal Generals of the
French Army. 1t is impossible to
deny that there was a prima facie case
against Dreyfus. This in itself was cal
culated to prejudice the officers constr
tuting the court martial against nm,
and when they found that among MS
principal accusers were the Minister
of War and the commanding Generals
| of the army the chiefs to whom they
We're bound by ties of discipline, mill
tary loyalty and esprit de corps, they
naturally closed their ears and their
eyes to all testimony in favor of the
unfortunate prisoner.
/ The members of the court martial at
Rennes have unfortunately manifested
the same prejudices. They have treat
ed the subaltern officers who champion
ed the cause of Dreyfus with contumely
as foes of their cloth and of their order.
| and have manifested a Difference verg-
| ing on subserviency to the Generals
arrayed against the prisoner, favoring
| the latter in every manner, wnlle piac-
| ing obstacles in the way of the defense.
1t is possible that by the time THIS
letter appears in print the verdict,
which fortunately requires the sanction
of the Minister of War, General the
Marquis de Gallifet, to become eHec-
tive, will have been rendered But
whether it is favorable to the unhappy
prisoner or against him, the court mar
tial at Rennes will remain striking
illustration of the inability OF military
tribunals to render even the most ordl-
nary kind of Justice unless their pre-
iudices of caste are held in check and
their dense ignorance of the law is
enlightened by the presence on their
board of civilian colleagues who have
received a legal education and who
have knowledge of the functions and OF
the duties of an impartial magistrate
SOLDIER LAYERS IN ENGLAND.
The English Government is seriously
considering the ACCESSIBILITY of adopting
some device modelled on the court mar
tial procedure of Germany, with the
object of avoiding miscarriages OF
military justice. One of the most
earnest advocates of this reform is
General Sir Evelyn Wood, G. b. C.,
the Adjutant General Of the British
Army, who feels so strongly about the
subject that even after attaining the
age of fifty and the highest military
rank, this old Victoria Cross hero
took up the study of law. passed his
examinations and became member OF
! the bar, with the object of applying the
| legal knowledge thus obtained to mill
| tary purposes General Sir Henry
Brackenbury, head of the Intelligence
Department, and a number of officers
of minor rank have followed Sir Eve
lyn's example, with the purpose OF
avoiding errors of procedure in military
justice, although the danger of such
mistakes in England is not SO great as
| in France since every finding of
court martial has to be ratified by
Judge Advocate General, always non
military lawyer, who has the power to