The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-09-07

there sentenced to punishment. the mimi
mum penalty being two years in prison.
! The proceedings In detail follow ~ When
the Dreyfus court martial resumed Its
sittings this morning 1t was noticed that
the Generals were again in uniform, fore
shadowing further field operations on
/ their part.
Major Carriere. the Government Com
missary, opened the proceedings with an
nouncing that Eugene Cernuschi, the Au-
stro-Hungarian refugee, was sick and un-
able to attend court today. But the Com
misaary added, the witness held himself
at the disposition of the Court at his
hotel.
After this Savignaud. the former order
ly of Colonel Picquart and one of the
witnesses, asked the Court to certify that
Senator Trarieux, the former Minister of
Justice. had called him an impostor and
a perjurer.
M. Trarieux rose and insisted that
| Savgnaud's evidence was contradiction
| of the eveidence of Colonel Picquart, M.
Scheurer-K -Kestner and M Roque's, prov
ing, he CLAIMED, perjury somewhere, but
not only by the last trio of witnesses.
M Trarieux added that his statements
were in accordance with the dictates of
his soul and conscience and. if he was
amendable to@the law for them, there was
1 also law against perjurers.
| After the court had certified to M.
Trarieuxs S charge, NJ Labori rose and an
nounced as follows
II have received notice that. for rea-
sons of public policy. Major Panizzardi
and Colonel Schwartzkoppen could not
come to Rennes to testify before the
| court martial. But, / am also informed
| from the same quarter that they would
answer the questions sent by the court
martial I therefore beg the Court to
direct, as in the case of Colonel De Patty
Du Clam, that Colonel Schwartzkoppen
| and Panizzardi be examined by Commits
sion. The Court will certainly under
stand that the defense must submit to the
necessities of public policy, which are,
have no doubt, similarly understood by
| the Government of the Republic. I shall
therefore be glad If you will ask M
Palelogue if, in this case. the telegraph
must not be employed. think such a
method would be exceedingly rapid, and
l am convinced that the President OF the
court martial and the court martial itself
will not refuse to allow the defense to as
certain the truth
Counsel added that he would make
formal application to this effect.
Colonel Jouaust, President of the Court,
invited the opinion of M. Paleologue, who
replied
.It is clear that considerations of pub
lie policy stand in the way of foreign
military attaches appearing in French
Court to testify in regard to facts OF
which they had cognizanee in their dip
lomatic capacity. Colonel Schwartzkop-
pen and Major Panizzardi will not at
tend the court martial
.As regards the despatch of commits
sion / believe the Foreign Office will not
oppose it. But must make all reserva-
tions regarding the use of the telegraph
I do not know if that would be regular
proceeding"
M. Labori-"But couriers can be EN-
ployed."
M. Paleologue-4I do not think the
telegraph can be used
Major Carriere-.I do not oppose the
appointment of commission. 1t is
mater for the President to decide There
is no legal objection. provided we re-
spect the provisions of the military
code. which do not permit an interruption
of the trial. Such procedure must not be
allowed to hinder the progress OF the
trial, and must therefore be rapid"
M. Labori-I think it Is possible to make
the procedure propose very rapid. Tne
Military Code provides for a suspension
of forty-eight hours. On the other. hand,
the Court might shorten its sittings, re-
ducing them four hours each. In any
case, / shall have the honor of formulat-
ing an application which I will submit to
the Court.
While M. Labori was drafting his mo-
ton, member of the court martial re-
marked that certain documents mention
ed in Patty du Clam's dispositions could
not be found either among the records
or in the Statistical Department of the
War Office.
NJ. Demange-Perhaps they are under
seal.
M. Labori 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 un-
der oath all that they knew in regard to
the case. Counsel requested the Court to
have the following questions put to each
of the two officers
First-On what date did you receive the
documents mentioned in the bordereau.
Second-s,Are these documents in the
same handwriting as the bordereau, which
you know from fac-simile?
Third-What did these documents con-
tain?
Fourth-Did you receive the Firing Man
ual, either in the original or a copy?
Fifth-Did you receive the graduation
| bar?
Sixth-Since what date and until what
date did you receive those documents?
Seventh--Was it to the same correspond
ent that you addressed the petit bieu to,
referred to in the conversation between
Count Won Munster and M. Delcasse.
Eighth-Have you had direct relations
with the accused?
Colonel Jouaust invited Major Carriere's
| opinion and the latter referred TO the
provisions of the Military Code.
| M. Labori urged the Importance of the
evidence of these two witnesses, whom.
he declared, he would not have cited If
Cernuschi had not been called. Counsel
1 pointed out it was possible to suspend the
proceedings long enough to obtain replies
| to the questions, which he considered in
indispensable.