The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-09-07

of the court martial in 1894. but never
mentioned the Panizzardi dispatch and
after this Gen. Mercier brought UP two
bad points in Capt. Freystaetter's ca
reer. While in Madagascar he was
guilty of an act of disobedience to his
chief and he also executed thirty na-
tives.
SHUT OFF BY JOUAUST.
This assertion caused a certain i'm
preston in the audience and Col Jou-
aust asked Gen. Mercier to abstain
from giving any further particulars
The general added that he firmly be-
lieved Freystaetter was brave man
to showed he could not be. entirely
trusted.
He asked the judge not to allow the
captains evidence to shake their con-
fidence in his own dispositions, but to
lend him the same credence as though
the Freystatetter incident had never
occurred.
The court then retired to deliberate
on NJ. Labori's application and its prob
able decision was eagerly discussed.
Every one in court stood up when the
judges returned. Col. JOuauSt gave
the order present arms to the guard
of soldiers at the bottom of the hall,
while he standing, and with the other
judges, standing on either side of him.
read the announcement that the judges
had unanimously decided that the pres
order a rOgatOry commission and that
the judges as a body, according to the
military code were not competent to do
so.
NJ. Labori thereupOn asked Col. Jou-
aust if he still maintained his refusal
to appoint the commission, the colonel
having when NJ. LabOri submitted his
conclusion, said he was opposed to the
application.
Col Jouaust replied, yes" and the
evidence of Col Schwartzkoppen and
Major Panizzardi with regard to their
relations with Dreyfus was thus ex-
cluded.
The refusal of Col. Jouaust seemed
inexplicable because it appeared to be
his duty TO receive all evidence directly
on the case and more especially the
evidence of the two attaches, the re
fusal of whose evidence is equivalent
to a slight on their respective countries.
That Col. JOuaust's decision means
the condemnation of DreyfuS was the
unanimous opinion of the anti-Dreyfus-
ards and it was also the opinion of a
majority of the Dreyfusards whose last
hope is that Col. JOuaust only dared
to refuse to take the evidence of Col.
Schwartzkoppen and Major Panizzardi
because the court had already made up
its mind to convict the prisoner
PROCEEDINGS IN DETAIL.
The proceedings in detail were as fol-
lows:
When the court martial resumed its
sittings this morning it was noticed
that the generals were again in uni
form, fOreshadowing further field oper-
ations on their part.
Major Carriere the government com
miSSary opened the proceedings with
the announcement that Eugene De Ger
nuSchi. the Hun garian refugee
was sick and unable to attend court to-
day. but held himself at the disposition
of the court at his hotel.
After this, Savignaud, the former or
derby of Col Picquart and one of the
70 ~
that Senator Hrarieux, the former min
lister of justice. had called him an i'm
poster and a perjurer.
NJ. Trarieux rose and insisted that
SaVignaud'S evidence was a contradic-
tion of the evidence of Col. Picquart,
M Scheurer-K esther, and NJ. Roques,
proving, he claimed perjury somewhere,
but not by the last trio of witnesses.
NJ. TrarieuX added that his state
ments We're in accordance with the die
tates of his soul and conscience and if
he was amenable to the law for them
there was also a law again perjurers.
After the court had certified to NJ.
TrarieuX'S charges NJ. LabOri rose and
said: I have received notice that for
reasons of public policy Major Paniz-
zardi and Col. Schwartz open could
not come to Rennes to testify before the
court martial. But 1 am also informed
from the same quarter that they would
answer the questions OF commission
sent by the court martial. therefore
beg the court to direct as in the case
of Col. Du Patty de Clam that Col.
Schwartzkoppen and Major Panizzardi
be examined by commission. The court
will certainly understand that the de-
fense must submit to the necessities of
public policy which are I have no doubt
similarly understood by the govern
ment of the republic. I shall therefore
be glad if you will ask NJ PaleOlOgue
if in this case, the telegra ph must be
employed. l think such a method would
be exceedingly rapid and I am cOnvinc-
ed that the president of the court mar
tial and the court martial itself will not
refuse to allow the defense to ascertain
the truth"
FORMAL APPLICATION.
Counsel added that he would make
a formal application to this affect
Col. JOuaust, president of the court,
invited the opinion of NJ. Paleologue.
who replied: 1T is clear that consider
CContfnued on Sixth PageO