Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1899-09-08
HIS FATE Is DECIDED.
Believed Dreyfus' Judges Have
Their Minds Made Up.
DECISION EXPECTED ON MONDAY.
Jouslsts Refusal to Have Dispositions of
Foreign E1-Attaches Construed In Diff
ferent Ways Mcrcier Gets Back at
Captain Freystatter.


by courtmartial was most significant, as
it meant that the court had already
reached a conclusion and that the plead
ings of counsel were merely waste of
time and might be dispensed with, IT
they were not a necessity.
The court has made up its mind, but
which way? Both sides are equally con-
fident that the court will decide in ac-
cordance with their view. The Drey-
fusards declare that the judges cannot
condemn Captain Dreyfus after reject
ing the decisive evidence which
Schwartzkoppen and PaniZzarh would
have given in his favor. The anti
Dreyfusards, on the other hand, explain
the rulings OH the ground that the
judges recognize that the evidence of
the two military attaches would be
worthless, because they would be NOR
ally bound to save their agent at any
cost.
The verdict may be a condemnation,
an unequivocal acquittal or form of
acquittal that would be equivalent to
the Scotch verdict, mot proven" The
last will be the case if the judges
should pronounce against him by vote
of 4 to g. That is, he would be freed,
even though the judges in his favor
should be in the minority. But this,
as he would carry the stigma for the
rest of his days.
Captain Dreyfus thus has five chances
against him to the prosecution s.three.
Unanimity, six to one, five to two, four
to three, or three to four will set him
at liberty, while unanimity, six to one,
IL,
If convicted, the Judgment will be
carried to the military court OF appeal,
which will be a formal matter. The
appeal court will only quash the judg-
ment and order retrial, if it should
be established that the present court
martial has erred in a procedure. This
is in the highest degree improbable.
The court of cessation will also have
the right to order retrial if it should
decide that the courtmartial has devi-
ated from its Instructions. This is the
only loophole for Dreyfus, and his
friends will undoubtedly fight this point
tooth and nail.
Extraordinary measures have been
taken to spirit preyfus away, whether
acquitted or recondemned. His depart
ure from Rennes will be enyeloped in
the same mystery and secrecy as was
his arrival.
y verdict is expected Monday.
Demange and Babori are to be heard
for the d, tense
Even ii tue court reaches a decision
tomorrow, II likely will not deliver
verdict before Monday, TO avoid rioting
which might break out Oh Sunday.
When Major Garriere began the
speech for the prosecution the mill
tary witnesses retired, and, headed by
the generals, they bowed to the judges
and trooped out of court, i'll accordance
with the orders of the minister of war,
General de Gallifet, to start to rejoin
regiments within two hours of the be-
ginning of the summing up of the prose-
cutioa.
Major Carriere summed ap by read
ing the Judgment of the court of cassa-
ton and the questions referred to the
present courtnartial. He said in part:
Colonel and Councillors:
By judgment, June last, of the court of
cessation the Dreyfus case was sent before a
courtmartial at Rennes.
read the Judgment at the beginning of the
trial. 1t quashes and annuls the judgment of
Dec. %, 1894, convicting Captain Alfred Drey.
eus. and sends him before a courtmartial at
Rennes to be tried on the following uues-
tions:
Is Captain Alfred Dreyfus guilty of having,
in 1894. practiced Vaccinations for the bene-
fit of foreign power by delivering the docu-
ments mentioned in the bordereau?
The task of the courtmartiaI at Rennes Is
the same as that of 1894. The trial has been
public and has been conducted with all the
fullneSs possible, to answer the requirements
of justice and public opinion. 1t is my duty
to discharge the task of justice with modera
ton. / have no personal opinion to defend. l
have carefully examined the documents seek
ing scrupulously to ascertain the truth, with
out malice. with )ut passion and without fear
Maj ior Carriere then entered upon a
review of the case. He defended the
secret sessions as being necessary, while
they did not injure the defusion of
light. He traced the espionage plot,
recalled the discovery of the bordereau
and the Investigation showing the
traitor was Dreyfus, reviewed Dreyfus'
prosecution and trial and the Judgment
of 1894. He further said in part:
The proceedings were conducted according
to the prevailing conditions. will say moth
ing more in regard to the moral character of
the prisoner, the question of his gambling or
consorting with loose women. 1t has been
said that we military men are not clever and
are not.tactful. May he this so. But we are
a simple and upright people who proceed di-
rect toward our duty and our acts are always
characterized by good faith.
The major proceeded to examine the
bordereau, saying that apart from the
question of the handwriting, upon
which even the experts fell out, he
thought that the references to covering
the troops and the artillery formation
Were very significant. Esterhazy, he
pointed out, would have hal no diff
Guilty in securing tine firing manual,
therefore he could hardly have written
that it was difficult to get while Drey-
fus could not easily have obtained it.
Discussing the sentence about going
to the manoeuvers, which has caused so
much controversy, Major Carriere de-
clared it would have been impossible for
EsterhaZy to write it.
Continuing, the major referred to the
complexity of the prisoners character
and proceeded to dilate upon tina impair
tiality with which he had examined the
whole case, upon which, he asserted, he
had entered with his opinion wholly un-
formed.
Major Carriere added:
/ said TO myself, let us take the bull by the
horns. 1t was Picquart who brought about
the revision. Let US study Picquart. found
his case perfectly constructed and for a mo-
ment hoped we might acquit and rehabilitate
an innocent man. 1t would have been all to
our advantage and no trouble to repair ju-
dicial error of the Judges of s9i whose honor
has never been imi,ugned That would neces-
sarily have paci.ed the public mind. But
closer investigation of Picquart's case showed
hssuIes My momentary conviction OF the
innocence of Dreyfus was transformed into a
stronger belief jn his guilt, which has been
confirmed by the evidence of the witnesses,
and come here to tell you, on my soul and
conscience that Dreyfus is guilty, and / de-
mand the application of article rs of the penal
code.