The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-04
DREYFUS GETSA NEW TRIAL
THE COURTS DECISIsI0N IN EFFECT
DECLARES HIM INNOCENT.

Probably Now on His Way to France
Decision Received with = Great Demon
stration of Approval in the Court-Parl,
Not Greatly Excited-The Court Practi-
caily Declares That Esterha1y Wrote
tho Famous Borderenu-The Prosecu-
ton OF the Army Conspirators Dem and cd
Special Gable Dtipa,sA to TIE SUE.
PARIS. juno st would be insulting to a
great nation to parade as an extraordinary
virtue the simple act OF rudimentary justice
whereby France has to-day corrected a terrible
error. OF which one OF her citizens has been the
victim for five long years. Yet, II is I'm possible
to deny that the decision OF tho Court Of Casa
cancelled tho Ubiquitous condemnation OF
Alfred Dreytus and sent his case before q fresh
court martial was a judicial action which re-
quired courage and which involved danger to
national tranquility. Happily. this tranquility
is thus far undisturbed. and. thanks to the SUBJ
sideuce of passion and prejudice. within few
weeks there is good reason to belieye that the
fun process OF justice will now be carried out
without a serious breach OF the national peace
and dignity.
The decision to send the Dreyfus case to a
new military tribunal. as telegraphed to The
Sun last evening. was reached yesterday. 1t Is
now learned that the only point upon which
the court was divided was whether the farce Of
anew trial was necessary to satisfy the tech
nicalites OF the situation. The Judges were
unanimousion tho question OF revision, and
there lacked only five Of a majority for decree
declaring Dreyfus absolutely innocent and or
dcring his unconditional release. There were
strong technical objections to this course,
otherwise it would certainly have been adopted,
FOR the analysis Of the evidence made 10 the
judgment rendered o-day leaves the prisoner
on Devils Island free OF even a suspicion Of
guilt,
Tho court sat in secret until :35 o'clock this
afternoon. when the doors were opened for the
announcement Of judgment. There were no
signs Of popular interest or excitement around
the Palace Of Justice. and the spectators. who
speedily filled the courtroom. were exclusively
friends Of Dreyfus and his cause. NJ Mazeau
the First President OF the Court. began reading
tho decision without preliminaries as follows
The court having heard the President Of
the Civil Chambers and the report OF the
Procureur-Gencral on tho requisition OF NJ.
Mornard. counsel for Nine. Dreyfus inter-
venor, and considering Article 443 OF the Code
OF Criminal Instruction. and Article AS
modified by the law Of March l. 1897 and
considering the decree OF Oct. 20. 1898,
whereby the Criminal Chamber In order
ing the inquiry has declared receivable
the request for q revision OF tho trial
Of Alfred Dreyfus condemned on Dec. 81.
1894. to deportation to a fortified place and
military degradation for tho crime OF high
treason; considering tho report OF said in
curry and the annexed documents: consider
ing that the secret document. 'Canaille de D..
was communicated to the court martial: con-
siderng that that communication is proved
by NJ. Casimir P6riers deposition and
those OF Gen. MERCER and Gen. Boisdefre ::
considering. Furthermore. that NJ. Casimir-
P4ricr declared that Gen. MERCER informed
him that the canaill6 document was then be-
eyed to refer to Dreyfus and had been COM
municated to the court-martial. and that.
furthermore. Gen. Mercier and Gen. Bos-
tcTre. when invited to say II tho said
communication had been made. refused to
reply but that they identified the document {:
considering that. subsequent to the court
Nartial judgment it had been revealed that the
document was calculated to influence the opin-
ION OF the Judges decisively. and that o-day We
know that it cannot be applicable to the ac-
used We find that this constitutes n new fact
q; Il nature to establish the innocence OF the
.c"used.
Secondly. upon the subject OF the borde-
eau. considering that the crime alleged aga IN ct
oreyfu~ consisted OF having delivered to a for
"ign tower or to its agents confidential or Sc
"ret documents bearing upon tt national de-
nee. the forwardrn w hereof was accom- pa n led
wa letter called tho bordereau, not dated and
not ed and written upon pdpipr peiurp. lined
n squares considering that this letter. which
vas the basis of the accusation against the
-'rused. was successfully submitted to ex-
snrts charged to compare the handwriting
with that Of Droyfus. and that three among
them MN. Charavay. peissonniGre. and Ber-
tillon. attributed the same to Dreyfus. and
that there was not discovered in his possession
nor proved that he had employed any paper of
.lat nature and that the efforts made to
md II similar paper among certain number Of
dealers proved unsuccessful. and that never
th"ess a similar specimen. though different
~ shape. had been furnished by the whole
sale firm ot Marion In the CitG BergGrc. who
declared that the style was no longer current
IN commerce: considering that the inquiry OF
November. 1898. revealed the existence and
led to tho seizure OF two letters on pdpiey
pe'ure. square ruled. whose authenticity
was undoubted dated April II. 1892. and
Aug. II. 1894. the latter contemporary
with tho sending Of the bordereau, both com
ING from an officer. who, in December 1871
expressly denied ever using such paper con-
the Criminal Chamber. professors Of / Ecolc des
Charles. NM. Meyer. Giry and Molinier
we're agreed that the bordereau was writ
ten by the same hand as the two letters
mentioned NJ tharayay agreeing in their con-
r!us;ons after examining the handwriting
which was not examined In 1894; con-
sidering. furthermore. that three experts
similarly commissioned. NJ Putois. President.
nnd NJ. ChoIuet. honorary President Of
tho Chamber OF Paper Industries. and
u, Marion. q merchant. have deposed
that as regards measurement. size. ruling.
color. thickness. weight and texture OF the raw
material used in the manufacture OF the bor-
dercau, tho paper presented the closest SINH
arIty especially to the paper OF the letter OF
Aug. Il. 1884; considering that these facts,
which were not known to tho court martial
which pronounced the verdict tend TO show
that tho bordereau was not written by
preyfus. and consequently being OF nature
tending u establish the innocence OF the con-
Gemned. and that consequently these facts
comprise case provided for by Article 443, and