The San Francisco call., 1903-12-25
Civil Court to Pass
on Question OF
His Guilt.
Evidence Hitherto Withheld
Presented to Revision
Commission.
French Var Department viii Abide
by Decision Of Tribunal That
vii Hear the Case,

PARIS, Dec. 24-Captain Dreyfus.
accused Of treason 70 France, degraded.
dismissed from the French army and
exiled 10 prison on Devils Island. Will
have another trial. this time by a
civilian tribunal
As the result Of an examination Of all
of the evidence submitted 10 two
courts-martiaI which have already
passed on the question Of Dreyfus'
guilt. as well as on the petition OF
Dreyfus for a new trial ard the ad-
ditionaI facts brought 10 light by Gen
eral Andre, Minister Of War. the COM
mission on revision representing the
Court Of Cessation reached . decision
to-day in favor Of the revision Of the
case BY the criminal branch Of the
Court of Cessation. The court will as
semble next month and Dreyfus will
then have fun opportunity 20 make a
complete exposition OF the wrongs he is
said 10 have suffered. The former cap
tain. as result OF this new trial. ex-
poets TO obtain vindication, followed by
restoration 10 his former rank in the
army.
Though IL had been announced that
rhe revision commission would reach a
decision this evening, there were few
persons outside OF the Ministry Of Jus
riCe, where the sittings OF the commits
sion were held. indicating that the in
-erest OF Psrisisns in the case is not as
keen as II has been in the past.
Dreyfus received the news OF the de-
cision Of the commission through per-
sonaI friends. who extended to him
their earnest congratulations on the
victory. The public was compelled 10
wait for its information until the regu-
lar editions were issued.
The few persons who were at the
Ministry OF Justice saw the members Of
the revision commission depart shortly
after o'clock. apparently glad that
they had completed their task. There
was absolute unanimity among the
members Of the commission. One mem
Der asserted that on the facts present
ed as the result Of the investigation
made by Captain large, an officer on
the staff Of War Minister Andre an
other revision Of the case was made
possible.
The details in the report Of the com
mission have not yet been made public.
but II is stated generally that the pro-
duction Of evidence which had not been
submitted 10 the court-martiaI at
Rennes and the change Of testimony Of
some Of the witnesses before the court
martial. which entirely reversed the
view as to the guilt Of Dreyfus. brought
about the decision Of the commission to
refer the case for retrial TO a civil tri-
bunaL
The submission Of the question Of re-
vision 70 commission is considered in
France as a tactful move on the part
Of the Government TO obtain judicial
support for its favorable attitude to-
ward Dreyfus. Moreover. as the pro-
Ceedings Of the commission have ex-
tended over four weeks the first excite
ment disappeared and the people had
chance 10 cooly consider the action of
the Ministers.
Immediately upon the receipt OF the
report of the commission the Govern
ment viii transmit all the documents in
the case 10 the prOcurer general Of the
Court Of Cessation. These documents
include the modified testimony OF N.
Gribelin. the principal archivist OF the
headquarters staff, who, at the courc-
martial at Rennes, testified that he
believed Dreyfus was guilty OF treason.
hut v6o has now altered his evidence
50 rs TO throw the blame upon Colonel
Henry.
The criminal branch Of the Court Of
Cessation is composed Of sixteen. mem
bers. presided over by NJ Loew. u no
has participated in many Of the most
prominent trials Of recent years. Many
persons are in doubt as 10 whether this
court can definitely decide the question,
of Dreyfus' restoration TO the ARM
some authorities holding that under the
law the rehs bilitation OF officers must
be determined By the Council Of War
a prominent official. however. said to-
night that he expected the decision Of
the court would be accepted as final.
Dreyfus did not desire that his now
trial should be conducted by a civil
tribunal, as he was anxious 10 again
sao before a court-martial NJ. Mornard.
the Partisan lawyer who represented
'Dreyfus before the Court Of Cessation.
refused 10 be interviewed, but a friend.
speaking for him, said that Dreycus
had asked t. be Judged by his peers
end that he had not changed his views.
His counsel VIII again demand a niIi-
fsry judgment Of The ease
At the home Of former Captain Drev-
fus the decision was expected. and
prepsra tions are now being made 10
convince the court Of his innocence.