Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1899-08-23
He Failed to Respond Today
When His Name Was
Called.
LABORl CONDUCTS DEFENSE
Makes Inconsistent Witnesses
Squirm by His Penetrating
Remarks.

RENNEs, August 53.-Maitre Lsbori,
leading counsel for the defense, was in
court when the trial of Captain Drey-
fus was resumed this morning. AS
Labori was entering court he was IN
formed by the newspaper men that
General Roget yesterday had received
documents from Major Esterhazy now
in London.
The session began with the testi-
mony of minor witnesses, including
Comptroller Roy and Major Dreviel.
The latter deposed that Dreyfus, while
on the general staff, could have had ac-
cess unperceived to documents during
certain hours of the day..
The prisoner replying admitted that
he was present during those hours
but explained his presence was con-
neeted with his duties. ~ -
Nj. Dubrieul told gossipy story of
meeting Dreyfus at the house of,an ac-
qualntance, M. Bodson, IN 1894, when
Dreyfus was lieutenant, and seeing the
latter cOnversing with a man described
TO the witness as German attache.
Labori showed the story was of the
i nsiest e;cription. Dreyfus replying
to this witness denied that he 7had-any
relations with a German attache, mill
tary or civil. tlF4lt
Captain Lerond, of the artllery,spoke
of the notorious ignorance of TEstt rhaZy
in military matters, showing he could
not have divulged VIII was promised
in the bordereau. Lernnd also deposed
that Picquart in October, 1896, con-
nected Esterhazy with espionage. Pic
quart confronted the witness and de-
hled the allegation ,-r -
Esterhazy was called but there was
no re ponse, so the court ordered the
reading of his evidence as given before
the court of cessation. When this was
finished Labor asked that Esterhazys
letters to the president of the republic |
be read in which Esterhazy is said to |
have threatened, If the scandal con- |
timed, that his sovereign emperor |
would intervene.
General Gonse declared in q loud |
voice that Esterhazys statement that
he was the instrument of the general of
staff was an absolute lie. IIe absolute
ly denied having had any relations with
him.
Counsel asked that the dossier con-
tanning documents relating to the in
uuiry into relations of Esterhazy and
Patty de Clam, instituted by Major Ira
vernier on bthaf of the military author
tiles, should be communicated to the
court and discussed.
TO this Government COmmissary
Major Carriere replied that he had ap-
piled to the military authorities on the
subject but the request had been re
fused. Carriere' added he hoped, that
Patty de Clam would be able to come to-
court in few days. - 80 ,-s.
Leading counsel then addressed to
General Gonse number of searching
questions OH Esterhazy's relations.withI
the general staff. The general as rule
became very excited, especially when
asked if there was not an intrigue in
favor of EsterhaZy and if he did not
take part in it.
"It's false, it's FALSE" shouted the
general. The general, however, was
Visibly disconnected at several of La
boris questions. Finally counsel asked
why EsterhaZy was not arrested after
the inquiry. Gonse replied: 49,
"Because General Saussier deemed 1T
proper to leave him at liberty
"Yes,' retorted Labori, -s"bnt General.
Saussier must have been deceived by
the general staff"
This abrupt declaration caused a
sensation, the general looking very i'll
at ease Major Genaron, who depoSed
yesterday, was recalled after GOnse and
supported the latter's statements. Cen
eral de Boisdeffre denied in most for
chile manner EsterhaZy's statements,
adding that had he been present he
would have "given him the liewlth all
the contempt he deserves.
The name of Mile. Pays was called
but as there was no response the evil
dence she gave before the court of cas-
sation was read.
General Lebelin de Dionne testified
that Dreyfus had declared the Alsa-
tians happier under Germany than
under France. Dreyfus, the witness
also said, complained of his position in
the school of war. The prisoner replied,
vigorously denying he ever spoke of
the Alsatians as alleged but admitted
using hard words on account of his
position at the school of war which, he
declared, were evoked by hearing that
no Jews were wanted on the general
staff. 4a. As-4 -
A LAWYERS OPINION
New YORK, August 23-Former, ,Po-
lice Commissioner Andrew d.. Parker.
who was in the district attorneys office
under the late Col. John r. Fellows, has
been studying the,evidence in the Drey-
fus case since the second trial began.
Commenting on the testimony he said.'
"Col. Picquart's evidence is certainly
very strong in favor Of DfeyfhB! 10
the American mind it seems to point
convlncngy toward his innocence. ]
was particularly impressed with that
part of his testimony referring to bis
interview with Gen. Gons5. He al
leges that he asked the general for per-
mission to continue his Investigations
along lines which threatened toTeopeB.
the Dreyfus affair, and that The general
refused his permission; and that when
he pressed the point in order to make
Gonse understand that nothing could
prevent its reopening if it could be be-
lieved Dreyfus was innocent, his supe-
Tior replied; IF you say nothing, no.
+ body will know
''Any such evidence as that" said Mr..
Parker, sin judicial proceeding in this
country would, both as matter of fact
and as legal conclusion. especially in
a trial of criminal nature. weigh very.
heavily against a prosecutor and In
favor of defendant. A great many
cases might be cited to that effect No
man could be convicted htre as DreY-
fus was convicted"
Mr.. Parker also cited the testimony