The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-07-16

mentioned therein. Why. then. IL may be
asked, does it make any difference whether
the second court-martlal Of DRETyUs takes
place under the auspices OF Ministry de-
termncd to see perfect justice done, or OF
one resolved to uphold at any cost the
treatment OF DREYFUs by the Staf2
There are several ways in which second
fragrant miscarriage of justice might have
been brought about, had the new trial by
court-martial taken place under Ministry
inexorably resolved to vindicate the course
hitherto pursued by the General Staff.
In the first place, as the judgment itself
points out, Rennes was designated as the
place Of the second trial In pursuance OF a
decision reached by the Council OF Min
listers. 1t lie probable that upon one specious
plea or another a Ministry headed by III.
MELINE or some equally pronounced anti
Dreyfusard could have secured from the
Court Of Cessation an order transferring
the trial from Rennes to some other city,
where Overwhelming popular pressure could
have been brought to bear upon the mill
tary tribunal. What this might have meant
may be Inferred from the tact that DERoU-
LEDE, a violent opponent OF revision, was
acquitted in Paris although he admitted in
open court that he was guilty OF the offence
charged, and that the anti-Semite. MAX
REGIS was acquitted in Grenoble. notwith-
standing the production Of conclusive in
criminatory evidence.
In the second place. although. according
TO standing regulation OF the French Army,
the judges who are to serve upon courts
martial are to be taken in order Of rotation
from panel long ago drawn up, there 10 no
doubt that the General STAFF, IL assured OF
the Cabinets support, would have found
means OF evading this provision.
In tho third place. even while acknowledge
ing that EsTERHAZY was the author OF the
bordereau, the new court-martial might
have convicted DREYFUs OF betraying tho
documents enumerated In the list on a
theory already preached in anti-Dreyfusard
newspapers. to wit: That the documents
transmitted by DREYFus to German ennis
sary were intercepted by the French au-
thoritics, but that, on the demand OF the
German Government. the originals wore
given up; not, however, until they had been
photographed and list made OF them by
EsTERHAzY, which list, when the resem-
blance OF EsTEBHAzY's handwriting to that
III ObE1FUS Dttu ouStEFGu, was dILElD-
uted to the latter.
In the fourth place, spurious evidence to
the effect that transparent, square-ruled
paper had been sold to DREYFUs before the
date OF the borderedu might be accepted as
genuine by the military tribunal. The dis
covery Of such evidence by the members OF
the General STAFF should present no insu-
perable difficulty, when we remember that
Col. HENRY was willing to commit forgery
in their interest.
Finally, the military tribunal might have
declined to accept the view Of the Court Of
Cessation touching the untrustworthiness
Of the confessions alleged to have been
made by DREYFUs. In short, a military
tribunal expressly organized to convict, and
encouraged by skilfully concerted popu-
lar demonstration, might have sentenced
DREYFUs second time.
From all these dangers DREYFUs Is now
likely to escape, because his trial will take
place under the auspices Of Ministry in
which NJ. WALDECK-R ROUSSEAU is Premier
and General the Marquis De GALL1FFEr Is
Minister OF War, both men who are con-
WINGED that the maintenance Of the honor
Of the French Army does not require the
sacrifice OF an innocent man.