The times., 1899-08-08
Dreyfus.


NJ Rennes Americans and all Angio-Sax
ons should remember. While the theory of
English law, and Of ours, Of course. is
that the accused IS always presumed to be
innocent until he is proven guilty. the
legal theory among Latin nations is ex-
actly the reverse Some of them, like
Spain, resort TO the most iendish tortures
10 force a prisoner TO confess the crime
with which he is charged, in advance of
his trial. How obnoxious that is TO all Of
our basic Teutonie ideas OF justice is ex-
empiihed in a statement which Burke once
made that probably the whole intrinsic
purpose CT governmental organization was
to find twelve men who could and would
Try feIlow-citizen justly and impartially.
We are reminded Of this in connection
with the opening of the Dreyfus trial. Ii
is by coErt-marrial. to be sure. and the
forms OF that method of procedure differ
from those of the civil courts in France.
as well as in Great Britain and America.
But the principle governing the assump-
tion as to the person on trial in each case
follows the race conception Dreyfus, as
far as the court before which he appears
Is concerned. IS a guilty man and traitor
10 his country until he can prove the con-
traTy. The presumption against him and
such as he is devoid of equity, is cruel
and grotesque The great creator OF the
code. Napoleon. always recognized tht fact
that it was; but there were political and
dynastic reasons why he thought it best
to sacrifice the interests Of accused per-
military, that the chances Of judicial ae-
tion might be always on the side of
power.
This oppressive system the French Re
public has inherited, along with its brutal
militarism and some other things left over
from regimes imperial or kingIy. 1t is not
then. al al strange that at the outset Of tbs
court-nartial proceedings at Rennes the
president OF the body should al once place
himself In the attitude Of an advocate for
the prosecution, if not in that of direc,
accuser. Let us examine for our instruc-
tion, the way in which the trial of a maj
VIGOROUSLY innocent of the crimes which
his traducers themselves have been proved
10 have committed, is conducted. The pre-
liminaries having been gone through, the
prisoner faces his judges, and the court
president, Colonel Jouaust begins:
It resrslts from the documents jest read that
you are accused of having brought about machi-
nations held relations with foreign power,
more q It's agents. in order 70 pro-
cure il by delivering il documents indi-
Gated iB The incTiminsting bordereau, 10 com
Irit hostilitieS undertake against France.
] notify you that YOU viii be allowed 10 state
during the course OF these proceedings anything
I.ftyff for
= am innocent exclaimed Dreyfus.
dramatically. Then, with all the air Of a
..juge d'instruction." Colonel Jonaust pro-
ceeds TO examine the prisoner in the way
familiar 10 our criminal courts when a
lawyer with very bad case undertakes to
excoriate dangerous witness. After a
decision that the case might proceed in the
absence OF certain witness the president
passed to Captain Dreyfus the famous bor-
dereau and asked him IL he had ever seen
it before Dreyfus answered passionately:
''No, my colonel; am innocent. declare it
here as declared II in 1884. ! a victim -
his voice here was ehoked with sobs which must
have stirred every spectator in court The voice
Of the prisoner did not seem human. II nesembed
the CRY of a wounded animal as be ended his
reply with tie words; Five years in the gal
innocent, Innocent"
Just by way OF exemplifying the French
idea OF how an honorable witness should
be treated. We quote from the press report
Of the examination:
Colonel Jcusust read the bordereau, and
EtterwRrd asked. In 1880 sreEe YOU at Bourges p
Dreyfus replied Yes, my colonel"
Joaanst-The ''l20'' break was then being
made, and yoE were in : position 10 know the
construction Of the bzeakf
Dreyfns-f knew the principle ot IT,
Jousust-Hsd yoa any information respecting
its worisingf
Drsyfus--No. ! did no; know the details. never
having worked IL.
JouHus;-Did you have the break al tie mill
tary sctool2
Dreyfss-I cont remember.
Jouauss-At the beginning Of lss you entered
the general stzfff
DzeyfuE-Fes my colonel.
JouzEs1-Have You talked on gun 100 and its
break
Dresfus-So, ] never had any knowledge Of this
gun while / was in the bureau Of the general
STAFF
Jouanst-Asjor Nsrin-Aion sent you speci<i
documents from fhe 18th 20 the 10th Of July
1sSs. m1rth before the date OF the borieresssy ;
Dsrsfus-I oziy had incomplete information
Jouanst-lA the end Of Isps had yon knowledge
OF information sent 90 Lseufennnt Bac by The
tlisFd bureau on the effectiveness Of the batter
Sec of the TO gunf
Dreyfas-so
soaauss twiti movement Of i.npatienec) This