New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-10-02
MORE OF TIE DREYFuS CASE.

Dav nv day II seems more probable Tint We
sholl hear more md much moro, Of the ORGY
fus case. Day by dag, also the belief Is
strengthened that the French Government has
acted toward that cnso wisely md for tho best.
And both these things nro So, despite the fnct
that tho War Minister has declared the Incl
don't 10 no closed wa might also shy, because
he has done So A few criticisms were passed
here md thore upon tho Marquis de Gnlliftet tor
making that declaration md FOR causing, or
pcrsuadlng, Captain Dreyfus TO withdraw MS
appeal FOR revision Of the Rcnnes verdict. II
seemed TO be supposed that the Marquis hau
thus forever debarrcd Captain Dreyfus from
legal vlndlcaton But those criticisms were Ill
advised, and that supposltion was erroneous
The Minister Of War spike Of course, only TOT
the army He declared the case closed only so
far as the army was concerned. ana got cap
tain Dreyfus TO withdraw his appeal TO the
Military Court Of Revision, and that alone Ana
that was for the best interests Of Captain urey-
fus himself For the only possible action the
army or the War Department could take In his
L,half was to grant his plea for revision but
that could not have reversed the verdict nor
have quaShed it. The Military Court Of Re
vision had no power to DO that. 1t could mere
" have ordered the amendment of some details
Of procedure, and nothing more. The verdict
at Rennes would have remained untouched.
But in sweeping away that futile appeal to an
impotent tribunal and in declaring the case
closed so far az the army is concerned the
MARQUIS de Gallifct has not INSTRUCTED the way
10 reOpening of the case before those civil
authorities which happily in time Of peace are
still superior TO the military power. There is
now no bar legal or moral. against an appeal
TO the Court of Cessation. If, as seems to be ex-
pected. important new evidence tending to prove
Captain DreyfusS innocence can he produced.
If that is forthcoming. the Court Of Cessation
will be competent 10 review the case just as 1t
did the case Of 1894. and It will be competent to
Ouash the RennnS verdict Of 1899 just as ii did
the verdict Of 1894 II would of course, have 10
remit the case to another court martial. But we
may assume from the Marquis dc Galliffcts
declaration that such a court would not be con-
stltued. and Captain Dreyfus would thus be
acquitted through n sort Of nOlle prosequi. That
course would be pursued by the army. because
the court martial. If il were called. could not
under the law condemn a pardoned man, but
would have TO acquit him.
It thus seems 10 rest entirely with Captain
Drcyfus and his friends to decide whether or
not the case shall he carried further. They may
prefer TO Let the matter drop. and to be con-
tent with the moral vlndication and victory
which they have so amply won. II So the chief
loser will be the French Government. which
will be left with something worse than Dam
ocless sword hanging above it, in the shape Of
the revelation which the German Government
is believed TO have il in its power to make. IF,
on the other hand. they decide to exercise their
legal rights and to fight the case ont to the end,
the road Is open for thom to do SO, with
prospect Of complete legal as well as moral, vic
tory