The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-07
END In SIGHT.
Continued from First Page.)

atoms OF public policy stand in the
way of foreign attaches appearing in a
French court to testify in regarding to
facts of which they had cogniZance in
their diplomatic capacity.
col. Schwartzkoppen and Major Pan
izzardi will not attend the court mar
tial.
sAs regards the dispatch of a com
mission, believe the foreign office will
not oppose it. But 1 must make all res
ervat1onS regarding the use or the tele-
graph. 1 do not know if that would be
a regular proceeding"
NJ. Labori-But couriers can be en-
ployed.
NJ. PaleoIogue-I do not think the tel
egraph can be used.
Major Carriere-I do not oppose the
appointment of a commission. 1t is for
the president to decide. There is no legal
objection, provided we respect the pro-
visions 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.
NJ. LabOri-I think it possible to make
the procedure I propose very rapid. The
military code provides for suspension
of As hours. On 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 1 will submit to
the court"
While NJ. Labor was drafting his
motion a member of the court martial
remarked that certain documents con-
tanned in Du Patty de CLAIMS deposit
ton could not be found either among
the records or in the statistical depart
ment of the war Office.
NJ. mange-PerhapS they are under
seal.
LABORTS QUESTIONS.
NJ. Labor then read his application
saying that as considerations of public
policy prevented the appearance of Col.
SchwaPtzkOppen and Major PaniZZardi
before the court martial, commissions
he To mi in AnT- To
permit those officers to state under
oath all that they knew with 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 Dor
dereau?
Second-Are those documents in the
same handwriting as the bOrdereau
which you know from a fac-simile?
Third-What did these documents
Fourth-Did you receive the firing
manual 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 docu-
ments?
spOndent that you addressed the petit
bleu to, referred to in the conversation
between Count Won Munster and NJ.
DelcaSSe?
tons with the accused?
Col. JOuaust invited Major Carriere's
opinion and the latter referred to the
provisions of the military code.
NJ. Labor 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 pointed out that 1t was posi-
bic to suspend the proceedings long
enough to obtain replies to the ques-
lions which he considered Indispensable
me court returned to deliberate on
the motion and on it's return Col.
JOuaust read the judgment. 1t de-
clared that the president of the court
alone was competent to appoint a COM
mission to interrogate Col. Schwartz
koppen and Major Panizzardi and that
the court unanimously pronounced
itself incompetent to give effect to
cOunsels motion.
REFUSED.
NJ. Labor asked Col. Jouaust wheth-
er, seeing that he alone was competent,
he refused to grant the application.
Col. JOuauSt replied:
Il do"
NJ. Cochefert, chief of the detective
department was recalled. in connection
with Du Patty de CLAIMS version of the
dictation scene. He said he noticed
Dreyfus showed great perturbation af-
ter having been questioned by Du Patty
de Clam.
The witness added that on side ia
bic was a revolver and Dreyfus no
ticing the weapon exclaimed:
Il will not take my life. I will live
and prove my innocence"
After Lieut. Bernheim had been re-
called and explained to the court the
uses of the graduation bar which Gen.
MERCER produced for the courts bene-
fit, a letter was read from Capt. Hum
( bert of the engineers who, like the wit
ness GallOpin met Dreyfus carrying
documents from the geographical de-
partment.
Humbert also referred to the desire
of DreyfUs to enter the statistical sec
ton.
In reply to the usual question Drey-
fus said that Capt. Humbert's recollec-
lions were not exact adding: In re-
gard to the papers mentioned, perhaps
1t is advisable to have the cOmmiSSar-
lat tables of plan 13 produced, when you
will see that they are of no great ilu-
pOrtance. 1t is certain that I was ac-
quainted with five or six tables, the
printing of which I was instructed to
Col. Jouaust-Did you apply to Col.
Sandherr with the view of entering the
! statistical section.
Dreyfus-NO, no.
Col Jouaust-Did you not express
such a desire to your comrades?
Dreyfus-No.
| MERCIER'S DEFENSE.
Gen. MERCER here re-appeared on the
/ scene. After saying that the evidence
4 of Capt. Freystaetter must have great
! ly Influenced the judges, he referred to
/ the attacks on himself made by the rev
+ isionist newspapers, saying that in
4 consequence of FreyStaetter'S asSer-
4 lions he had been described as a forger
and it was great satisfaction to him
/ now to be able to reply to Capt. Frey
/ staetter by adducing in addition to the
! testimony of Col. Maurel, his own tes-
/ timOny which was confirmed by Du
Patty de CLAIMS deposition. Continuing
/ the general said that information which
! he had happily be able to obtain would
/ completely enlighten the judges. He
! maintained that in 1894 he gave orders
4 that the various translations of the
/ Panizzardi kilograms received from the
/ foreign office should not be taken into