The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-09-07
JOUAUST SAYS NO
Refuses to Take Schwartz
koppen's and Panizzardi's
Evidence By Commis-
sion.
LABORrS VAIN PROTEST
All Efforts to Secure Foreign
Testimony of Prisoners
Innocence Fail.
DREYFUSARDS DISCOURAGED
Major Carriere Begins His
Speech For Prosecution
and Military Wit
nesses Depart.
DREYFUSARDS DISCOURAGED
IBy Gable to The Associated Press j


TBy Cable to The Associated Press.1
RENNES, Sept. q 1S99-At the opening
this morning of the fourth day of the
fifth week of the second trial by court
martial of Captain Alfred Dreyfus, Of the
Artillery. charged with treason. Maitre
Labori, leading counsel for the defense,
announced thai he had received a semi
official intimation that Colonel Schwartz
koppen, the former German military at
tache at Paris, and Major Panizzardi,
the former Italian military attache at
Pris, would be unable to appear PERSONAL
q ~ before the court, and consequently
counsel proposed that a rogatory COM
commission should be telegraphed to re-
ceive the depositions. The Court de-
clared itself incompetent to grant NJ. La
BORIS application.
At 1890 A. NJ, the Government Com
missioner, Major Carriere, began his
speech closing the case for the prosecu-
tion. He concluded his remarks at u:5O
A NJ. The verdict is expected on Mon
day next.
NJ Paleologue, of the French Foreign
Office, and Major Carriere did not oppose
NJ. Laboris application. But the latter
pointed out that the proposed step would
cedure. in making a long adjournment
necessary. Counsel replied that the court
was entitled to adjourn for forty-eight
hours and, in case a longer period was re-
quired he suggested that short session
be held tomorrow, when the court could
adjourn until Monday.
NJ Labori then drew up a formal ap-
pilcation that Colonel Schwartzkoppen
and Major Panizzardi be cited as wit
nesses and that seven question be tele-
gr1phed to them to which they were to
reply under oath. The first question was
to be- If they had ever received the docu-
ments mentioned in the bordereau. The
other questions would ask the former At
taches if they had received the Firing
Manual, when they had received it and
from whom, and whether either of them
sent Esterhazy,. the petit bleu, a copy
of which was to be telegraphed, and,
finally, if they ever directly or Indirectly
had any relations with Dreyfus.
The Court deliberated for a quarter of
an hour, and on returning, the President
Colonel Jouaust, read its decision, de-
claring it incompetent to grant M. La
BORIS application.
After the decision of the Court had been
delivered. reports relating to the experts
examination of the paper of the bordereau
were read.
Then NJ. Labori complained of the alb
sence of Cernuschi, who sent letter to
Colonel Jouaust saying he was indisposed
and confined to the house. Counsel said
he wished TO question this witness and
asked that certain letters be submitted
to the Court. showing Cernuschi was the
subject of mental arrangement and set
ting forth other facts unfavorable to him.
General Raget. Captain Cuignet, Colonel
Picquart, General Mercier and Major
Hartmann were then allowed to make a
few explanations of the evidence affect
ing them; but they all dwelt upon COM
paratively minor points.
Major Carriere was then called upon to
deliver the final speech for the prosecu-
tion, which only lasted an hour and a
quarter and which was generally charac-
terized as one of the weakest and most
ridiculous orations ever heard in court
Of law. His absurd arguments, colored
by his grotesque mannerisms, evoked con-
tinual outbursts of derisive laughter.
He said he considered it to be estab-
lished that Dreyfus wrote the bordereau,
thought the phrase concerning the cover
ing of troops was very significant and
pointed out that Dreyfus could have OBJ
tanned the Firing Manual with little diff
Guilty Moreover, the Major argued, Es-
terhazy could not say, In August that
he was going to the manoeuvres, while
Dreyfus could have thought SO up to Au-
gust 2S.
The Government Commissary affirmed
that he, himself, noticed the alteration
in Dreyfus' handwriting since 1884, in let
ters which he had written from DEVILS
Island.
Abiding to the secret dossier, the Ma
jor said Esterhazy was not in position
to furnish the interesting information.
Discussing the correspondence of 'tA''
Colonel Sehwartzkoppen) Major Carriere
declared emphaticagly his belief that
Dreyfus had relations with the power of
which "A" was the agent. He admitted
Esterhazy was not nice person. but said
there was nothing to prove he was a
traitor, and added that Picquart had ut
terly failed to convince him Of the in
nocence of Dreyfus.
my belief in the Innocence of Dreyfus, =
said Major Carriere, in conclusion. has
been transformed into conviction Of his
guilt. which has been strengthened by the
testimony of the witnesses for the pros
ecution. Today I come TO tell you. on
my soul and conscience that Dreyfus is
guilty, and to ask for the application OF
Article rs Of the Penal Code.
When Major Carriere. at 1920 A. M. be-
gan his speech closing the case for the
prosecution, all the Generals and other
officers who were seated in the witnesses
chairs. rose and left the court room just
befora the Govern rf1ert (sflff "a fv f3fer-