The record-union., 1899-09-06

history as, through the execution OF
Admiral Dying, mars the history of
England.
NJ. Trarieux said General Roget and
Captain Cuignet We're wrong in the
conclusion they had drawn from the
correspondence of Generals "a" and
"B." that Dreyfus was guilty. The
former Minister of Justice declared in
an emphatic tone which made deep
impression upon his hearers, that no
parallel ought to be drawn between a
model officer like Dreyfus and Major
Esterhazy, who had not even the soul
of Frenchman.
M. Trarieux, on alluding to the bor-
dereau, was interrupted by Major Car
riere who said that while he opposed
direct official application to foreign
Governments for documents mentioned
IN the bordereau, yet, if by a side wind
the documents could be produced, he
certainly would be personally much
pleased.
This is practically an invitation to
Germany to voluntarily communicate
the documents in question.
At the conclusion of M. Trarieux' S
testimony, which apparently had made
an impression on the Judges, the Court
martial went behind closed doors and
examined the secret espionage dossier.
The Court also delberated upon M.
Labori's request that application be
made to Germany for the documents
described in the bordereau.
The decision was unanimously
reached to reject the application on the
ground that the Court was incompetent
to invite the Government to take diplo-
matte steps to obtain the documents in
question. 1t was also decided to hear
NJ. Carnuschi behind closed doors to-
morrow.
The following is the detailed report
of to-day's proceedings:
The cOurt-martial opened with a Sc
cret session, at which the secret es-
pionage dossier mentioned by Cuignet
was read. NJ. Cernuschi, the Austro-
Hungarian refugee, was not examined
to-day, but will be examined in camera
tomorrow
The open session was resumed at
o'clock
M. Labori, leading counsel for the
defense. submitted preamble and mo-
tion in the following terms: LAS
had the honor to announce yesterday
/ beg to submit to the court-martial
the following conclusions: May ii
please the court, in view of the fact
that at its sitting on Monday, Septem-
Der 4th, the President of the court
martial, by virtue of his discretion and
power, called as a witness Eugene de
Cernuschi, former Lieutenant of cav
airy in the Austrian army, residing al
hoy Do ri ~
sented notably that Dreyfus had beer
signaliZed TO him not only by the Chief
of department in the Foreign Office
OF a Central European Power, but also
by an officer of the headquarters staff
of a Central European Power. as ar
informer in the service of foreign ma
tions, and considering that the inter
vention in such circumstances of &
former officer of a foreign army against
the French officer renders necessary
that the defense abandon the reserve
they have hitherto imposed upon them
selves and move for the communication
TO the court of the documents enume
rated in the paper called the bordereau
and of which communication to the
court Will be of such nature as to prove
in a striking manner the innocence o.
the accused with regard to allegation:
which cannot entirely or Immediately
be refuted except by official documents
I therefore move that the Governor
Commissary request the Government t
ask the Power or Powers concerned
through diplomatic channels, for com
munication of the documents enumer
ated in the paper called the bordereau.'
After reading the above NJ. Labor
proceeded to inform the court that h
did not intend TO develop conclusion!
which in themselves were sufficient. .
am we'll aware said counsel for th'
defense, that we are face to face witt
a peculiarly delicate situation, but a:
1 have no control over decisions of the
court with regard TO the conclusions
have the honor to submit, l beg K
state that l have notified the Govern
ment Commissioner TO name Colone
Schwarzkoppen and Panizzardi as wit
nesses, whom 1 consider it necessary
to call before the court-martial a
REM if they are willing to testify
before it. / Eeg to point out that i
is only now and for exceptional rea
sons that we are obliged to have re
course to the testimony of foreign off
GERS. I add that in view of the pres
ent circumstances, there is nothing il
this course that can cause anxiety.
is in conformity with precedent. TIL,
moment is very near when truth anC
light are about to break forth showing
the innocence of the accused"
Major Carriere replied: I'VE canno
preiudge the issue of a trial in TIL
conclusions submitted by NJ. Labor
One point seems to be extremely deli
cate These conclusions amount to
request that the court instruct the Gov
ernment Commissioner TO ask TIL
French Government to submit to
foreign Government, through diplo
matic channels, a request for the pro
duction of documents which are pecu
liarly non-d diplomatic and possess littl
official character Therefore this mis-
sion imposed on the French Govern
ment is of a very delicate kind. l d.
not know if the Government Commits
sioner is qualified to perform such
function. The diplomatic point o
view seems to me morally and mater
tally impossible. l cannot conceive o
one Government addressing anothe
such a request. I think the end nov
in view cannot be attained. The de
fense, which has powerful means be
hind it. might obtain these document
in a semi-official manner but l thin
there are reasons to believe the Govern
ment cannot undertake such a mission
lHlL lIII
lIll III