The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1899-09-12
EVIDENCE CLOSED
And Argument for the Prosecution Made in
the Dreyfus Case.
END TO BE REACHED MONDAY.
The Government Afraid of Sunday Riotsif a Decision is Announced Sat.
urday-What Verdits May be Rendered-The Defendants
Chances-How the Judgment will be Announced-Deci.
sion of the Court Not to Receive the Testimony of
the Two Foreign Attaches Construed by
Each Side as Favorable to it.

missary, opened the proceedings with
n announcement hat Eugene de Ger
nuschi, the Austro-Hungarian refugee,
was sick and Unable to attend court
today, but held himself at the DISPOSE
ton OF the court at his hotel.
COMMISSION TO EXAMINE THE
FOREIGN ATTACHES.
NJ. Labori rose and said: Il have
received notice that, for reasons of
public policy, Major PaniZZardi n
Colonel Schwartzkopen could not come
to Rennes to testify before the court
martial But, 1 am also informed from
the same quarter, that they would an
sWer the questions of a commission sent
by the court-martial. I, therefore, beg
the court to decide as in the case of
Colonel du Patty de Clam that Colonel
Schwartzkoppen n Major Panizzardi
be examined by commission. The court
will certainly understand that the de-
Tense must submit to the necessities Of
public policy which are, / ave no
/ doubt, similarly understood by the
government of the republic. 1 shall
therefore be glad if you will ask M.
Palelogue if, in this case, the telegraph
must not be employed. I think such
a method would De exceedingly rapid,
| and I am convinced that the president
of the c~ourt-martial and the court-mar-
! tial itself will not refuse to allow the
defense to ascertain the truth"
Counsel added that he would make
a formal application to this effect.
Colonel Jouaust,y president of the
court, invited the opinion of M. Pale
Iogue, who replied: ut is clear than
| considerations of public policy stand III
the way of foreign military attaches
appearing in a French court to testify
in regard to facts of which they had
cognizance in their diplomatic capaci-
ty. Colonel Schwartzkoppen and Major
Panizzardi will not attend the court
martial. AS regards the dispatch of a
commission, I believe the foreign office
will not oppose it; but I must make
| all r~eservations regarding the use OF
the telegraph. I do not know if that
would be a regular proceeding"
NJ. Labori-But, cOuriers cam be en-
ployed.
NJ. Palelogue-I do not think the tele-
| graph a be used.
Major Carriere-I do not oppose the
appointment of a commission. It is a
matter for the president to decide. There
is no legal objection, providing we re-
spect the provisions of the military
code which do not permit an Interrupt
ton of the trial. Such procedure must
not be allowed to hinder the progress
of the trial and must, therefore, be
rapid.
NJ. Labori-I think it possible tic
make the procedure 1 propose very
rapid. The military code provides fol
a suspension of forty-eight hours. Or
the other hand, the court might shorten
its sittings, reducing them four hours
each. In any case, I shall have the
honor of formulating an application
which I will submit to the court"
M. Labor then read his application
saying that as public policy prevented
L tho q mo - n 700 Of r01nrn1 Cohr yor ~ y
pen and Major Panizzardi before thu
, cOurt-martial commissions should b.
sent to examine them, in order to per
nit those officers to state under oath
all that they know with regard to tn,
case. Counsel requested the court tx
have h following questions put t.
each of the two officers:
1. "On what date did you receive thu
documents mentioned in the border
eau?"
2. Are these documents ir the SAME
handwriting as the bordareau, whicl
you know from a fac Simile?"
3. What did these documents con
tain?"
4. Did you receive the firing manual
either in the original Or a copy?"
5. Did you receive a graduation
bar?"
6. Since what date and until whs
date did you receive those documents?'
Z. WAS it to the same correspondent
that you addressed n petit bleu to
referred ito in the conversation between
Count % Munster n NJ. Delcasse?'
8. Have you had direct relation!
with the accused?"
M. Labor urged the importance o
the evidence of these two witnesses
whom, he declared, he would not haV,
cited if Cernuschi had not been called
Counsel pointed out that iG was possibl.
to suspend the proceedings long enough
to obtain replies to the questions, which
he considered Indispensable.
THE REQUEST DENIED.
The court retired to deliberate on tn
motion and, on its return, Colonel Jou.
aust read the judgment. He declared
that the president of the court alone
was competent to appoint a commission
to interrogate Colonel Schwartzkoppe,
and Major PaniZzardi, and that tn.
| court unanimously pronounced itself IN
competent to give effect to ~counsel's mo
ton.
NJ. Labor asked Colonel Jouaus
whether. seeing that ne alone was com
patent he refused to grant the appli
cation?
Cvlonel .ouaust replied: Il do"
A PISTOL PLACED CONVENIENT
LY FOR DREYFUs
M. NLCnenert, Cnlef OF the detective
ierartnlcnt, was recalled IN c1nneciIol
with Ct'oEe' du Patty de CLAIMS version
OF the d:Ctation scene. lie said he no
ticed TN yfus showed great perturba
ton after having been questioned b,
du Patty de Clam.
Toe witness added that on i tabl,
was a revolver and Dreyfus, noticing
tn weapon, exclaimed: Il Will no
take my life. I Will live and prove n,
innocence"
y ie!:er was read from Captain Hum
bert, Of the engineers, who met Grey
fas Carrying documents from the geo
graphical department. I}umbert ais.
referred to the desire o. Dreyfus 10 en-
ter the statistical secti ~
Ii reply to the usuL questions Drey
fus sad that Captain Humhert'S recol
Letters We're not exact
Colonel Jouaust-Did YOU apply t
Colonel Sandherr with the view of en-
ter1ng he statistical section?
Dreyfus-Noi No!
Colonel Jouaust-Did you not e.