The times. [volume] (Richmond, Va.) 1890-1903, 1899-09-08

| they would answer the questions Of o
! commission sent by the court martial.
! ] therefore beg the court 20 decide ms In
| the case OF Colonel Du Patty Dc Clam.
/ Colonel Schwarzkoppen and Major Paniz-
zardi be examined by commission The
court wifi certainly understand that the
| defense must submit 10 the nocessiiiss Of
public policy which are. / have no doubt.
similarly understood by the government
of the republic. / shall therefore be glad
IL you Will ask NJ palologue H. in this
case, the telegraph must not be employed.
! think such "A method would b. exceed
ingly rapid, and / am convinced thai the
president Of the court martial and The
court martial Itself will not refuse to al
low the defense 10 ascertain the trufh.
Counsel added that he would make d
formal application 10 this effect
COULD NOT ATTEND.
Colonel Jouaust. president Of the court
invited the opinion Of NJ Palelogue. who
replied II IS clear that considerations OF
public policy stand I'm the way of foreign
military attaches appearing I'm "a French
court 10 testify In regard b. facts Of
which they had cocnlzance in their diplo-
matte capacity. Colonel Schwarzkoppen
and Major PaniZzard will not attend the
court martial.
> AS regards the dispatch Of "a commits.
sionI believe the Foreign Office viii not
oppose lt. But ! must make all reserva-
tions regarding the use Of the telegraph.
] DO not know If that would be regular
proceeding
NJ Labori: "But conriers can be en-
ployed'
NJ Paloloeuo: T do not think the tele-
graph can be used"
NJ Carrerre: 81 DO not oppose the mat
ter. 10 is a matter for The President %
decide There is no legal objection pro-
vidng: We respect the provisions Of the
military code. which do not permit an in
terruption OF the trial Such procedure
must not be allowed 10 hinder the progress
Of The trial, and must. therefore, be
rapid"
NJ. Labori. 81 think It possible to make
the procedure / propose very rapid The
military code provides for q suspension
OF forty-eight hours On the other hand,
the court might shorten it's sittngs, re-
ducing them four hours each. In any
case, / shall have the honor OF formulating
am application which l will submit to the
court"
NJ Labori then read his application. say
ing that as considerations Of public policy
prevented the appearance OF Colonel
and Major Panizzardi be-
fore the court-martial. commissions
should be sent 70 examine them. in order
to permit those officers 10 state under
oath al lthey knew with hegard to the |
case. Counsel requested the court to have |
the following questions put to each of the !
TWO officers:
LABORTS APPLICATION.
First on what date did you receive the |
documents mentioned in the bordereau?
Gecoud these documents In the |
same handwriting as the bordereau, which |
you know from a fac simiie?
Third. What did these documents con-
ain?
Fourth Did you receive the firing
manual, either in the original or a copy?
Fifth. Did you receive the graduation
oar?
Sixth. Since what date and until what
late did you receive those documents?
Seventh Was It 10 the same correspon-
lent that you addressed the petit bleu 10,
eferred % in the conversation between
Count Won Munster and NJ DeclasseY
Eighth. Have YOU had direct relations
With the accused?
NJ. Labori urged the Importance Of the
violence Of these two witnesses whom,
be- declared he would not have cited II
'ernuschi had not been called.
Counsel pointed out that 1t was possible
% suspend the proceedings long enough
% obtain replies 20 the questions, which
e considered Indispensable.
JOUAUSTS REFUSAL.
The court retired 10 deliberate on the
notion and. on its return. Colonel Jouaust
eiivered the judgment lie declared that
be president Of the court alone was com
ctent 10 appoint a commission To inter-
ogate Colonel Schwarzkoppen and Major
and that the court unanimous
, pronounced itself incompetent TO give
feet TO counsels petition.
NJ Labor asked Colonel Jouaust
neither. seeing that he alone was compe-
s1t. he refused 90 grant The application?
Colonel Jouaust replied: Il do"
NJ Cochoferte. chief Of the Detective
department.. was recalled in connection
.ith Colonel Du Patty de CLANS version
f the dictation scene. lie said be noticed
,reyfus showed great perturbation after
aving been question by Du Patty de
CONTINUED on Second page).