Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-07-12
CAP1. |. DR[YF|JS
IS INDICATED
Highest Court in France Pro-
nounces Him Innocent and
a Free Man
RESTORED TO RANK IN ARMY
Complete Exoneration Of French Army
Officer Accused of Selling French
Army secrets-Most Notable Case in
France in Many Years-once Threat
enad tho Peace Of French Nation.

1T Paris July 12.-The supreme court
today announced its decision annulilng
fhe condemnation of Dreyfus, without
tetrial The effect of the decision is a
Complete vindication Of Dreyfus, and
emitting him to restoration to his rank
lin the army, as tho he had never been
accused.
The decision was read by the pre-
siding judge, NJ. Ballot-Beaupre, pres
ident of the court of cessation, imme-
diately on reassembling of the court at
noon The palace of Justice was
thronged with an eager crowd seeking
admission to the court room.
Among those present were Maitre
Mornard, counsel for Dreyfus; Colonel
Picquart, Madame Zola, Mathew Drey-
fus, brother of the captain, and others
who figured in the celebrated case.
Dreyfus was not present, remaining in
the garrett where he has hitherto been
cut of from the outer world. The
scene when the readins, of the decision
was pronounced was one Of impressive
dignity. The court, consisting Of forty
nine judges, gowned in flowing red
robes, solemnly mounted the bench.
Deep silence prevailed as the presiding
Judge read the decision, minutely re-
viewing the series of se,nsa ational events
Of the last twelve years and completely
t1isculpating Dreyfus on all wrongdoing,
and freeing him of the accusation Of
being the author of the famous incrim-
mating documents. Mathew Dreyfus
la Silly dispatched a messenger to bear
the news to Captain Dreyfus and Mime.
Dreyfus.
The main features of the decision are
g follows: The court holds that three
new facts have been established:
First That the document from
General Mercier's secret papers pre-
Sented at the Rennes court martial. in
which the initial 3D. was substituted
for HI" was falsification, establish
ing strong presumption of DreNfus'
innocence.
Second. That another document
from secret papers, in which Dreyfus
is alleged to have been shown to have
delivered to the Germans plans for
railway mobilization, never reached the
war department authorities, and there
fore Dreyfus could not have secured
possession of it.
Third. That the Rennes court mar
tial failed to hear the essential testi-
mony calculated to establish the fact
that Dreyfus was innocent
.These facts" the decision of the
court says. without, seeking for any
further grounds, are of a nature to es-
tablish the innocence of the accused,
and 1t is only necessary to examine
whether the verdict of the Rennes
court martial shall. be annulled with
out retrial, or be followed by another
trial by court martial
After lengthy review of the docu-
ments in the case, known as the Bor-
dereau, the decision says it was writ
ten by Major Count Esterhazy, AMI
that the accusations connecting Drey-
fus with the Bordereau rest only on
hypothesis and conjecture
: .4The accusation against Dreyfus,"
continues the decision, whether based
on the handwriting or the text of the
Bordereau. was completely unjustified
and without motive"
Moreover, Dreyfus having large
fortune, one seeks In vain for any rea-
son for his committing. such great
crime. The court therefore holds that.
as all accusations against the accused
fall to the ground. there is no neces-
sity for q new trial, and consequently
the judgment in condemnation is an
nuIled as unwarranteta by the evil
dence." In conclusion, the court noted
Dreyfus' waving of pecuniary indem-
nifty and ordered its decision to be
Transcribed on the records of the
Rennes court martial and to be in
serted in the Official Journal. and also
in five newspapers, to be designated by
the procura tor general, and, at the cost
of the government, in fifty papers of
Paris and the provinces, to be desig-
mated by Dreyfus.
The circumstances Of Dreyfus re-
turning to the French army have not
yet been determined upon. but it is ex-
pected he will take the grade of lieu
would have reached if his service had
not been interrupted. The cabinet will
hold special session at Elysee palace
tonight to determine on the course to
follow in view of the decision of the
supreme court. 1t already has been
determined. however, that besides res
toration of Dreyfus to the army a spe-
cial bill will be presented to parlia
ment authorizing the minister of war
70 restore Colonel Ficquart. whose
senses of justice brought about the
quashing of the verdict Of the Rennes
court martial, to the army, from which
he was degraded, owing to the charges
witch he brought against the late Col
onel henry,
Captain Alfred Dreytus, of the artfl-
sa-v 1 mems,er of wealthy Hebrew