Show DREYFUS IS GUILTY that will be the verdict of the court martial as is evinced by action of judges they refuse to send rogatory dispatches to the former german and italian ministers in paris fearing that the testimony would be favorable to dreyfus and embarrass ahem in ther resolve to condemn an innocent man trial has abent ended prosecutions address to judges was a most miserable effort demange and labori will speak tomorrow and saturday bennos sept 7 at the opening of the dreyfus court martial this morning M labora announced that he had received a semiofficial semi official intimation that col Schwartz koppen and col would be unable to appear per before the court and so he proposed that a rogatory commission should be telegraphed to receive their depositions M and major carrlene Carr lere did not oppose this proposition only the latter pointed out that the proposed step would involve a deviation from the general procedure in necessitating a long adjournment M labor replied that the court was entitled to an adjournment for 48 hours and in case a longer period was required ho suggested that a short session be held tomorrow when the court could adjourn until monday he then drew up a formal application that colonels Schwartz koppen and be called as witnesses and that seven questions should be telegraphed them to which they should reply under oath the first question was it they had ever received the documents mentioned in the bordereau and he also requested that they be asked it they had received the firing manual when and from whom whether either had sent to esterhazy the a copy whereof had been telegraphed and finally it directly or indirectly they had any relations with dreyfus rennes sept 7 the court deliberated on M laboris application for a rogatory commission for a quarter of an hour at tha expiration of which time col read a decision declaring that the court was incompetent to grant the application bennos sept 7 at the opening of the fourth day of the fifth week of the second trial by court martial of capt alfred dreyfus of the artillery charged with treason M lahore leading counsel for the defense announced that he had heard a semiofficial semi official intimation that col Schwartz koppen the former german military at paris and major tha former italian ulli tary at paris would be unable to appear personally before the court counsel therefore proposed that a rogatory commission should be telegraphed to receive the depositions M of the frenca foreign aulce and major carriere did not oppose M laboris application after M labor had submitted his application the chief of detectives M deposed regarding the attitude ot dreyfus when col du di clam dictated the bordereau to him the clerk of tho court read a letter from capt humbert to the effect thit dreyfus had expressed a keen ds ira in 1891 to enter the statistical section of the office and saying thai ho met dreyfus once carrying soma voluminous packets of maps and documents and remarked that he was acting iia prudently dreyfus calmly traversed captain humberts statements declaring then to be inexact gen came to the bar and eald that he felt the deposition of copt was bound to have produced considerable impression on the hainds of the judges he spoke of the attack made upon him since the car tain retired saying the press had been calling him a false witness the general said he gave an order in 1894 that nothing should ie done the various translations of ibe dispatch adding hat he himself was present when tho package of secret papers for tho court was made up and it did not contain the dispatch he had sinco questioned the judges of the court martial on the subject but none of them waa prepared to swear that the dispatch was not submitted to them because their recollections were rather angue this statement of gen el a chorus of disgusted oha rom the audience gen mercher proceeded to call attention to tho contradiction in capt a an old letter from tha to a friend in which he declared hid nand was made up in 1891 actor ise bay the secret dossier and ano iRr letter from an officer who was in company with in amadag iscar lu which tho writer asserted tha arcy sla etter talked of the court martial 0 1894 but never mentioned the dispatch gen brought up bows sows bad points in capt i career while in madagascar said lie vas guilty of an act of c 1 to his chief and he also executed natives this assertion caused an unfavorable impression in the audience and col asked gen to abstain from giving any particulars tic ulars the general added that he firmly believed that Frey was a biava man but he thought the two acts referred to showed he could not be entirely trusted he asked the judges rot to allow the captains evidence 10 shake their confidence in his owai i depositions but to lend him the same credence as though the incident had never occurred the court then retired to deliberate on M laboris application and its probable decision was eagerly discussed livery one in the court stood up when the judges returned after beliber tang s quarter of an hour col gave the order present arms to the guard of soldiers at the bottom of tho hall while he standing and with the other judges standing on either side of him efad the announcement that the judges decided unanimously that dent col Jou aust was not competent to order a rogatory commission and that the judges as a body according to the military code were not competent to do so M labor thereupon asked col jou aust it he still maintained his refusal to appoint a commission the colonel having said when M labori submitted his conclusions that he wis opposed to the application col yes and the evidence of col Schwartz koppen and mojor with regard to their relations with dreyfus was thus excluded the refusal of col seemed alac because it appeared to be his duty to receive all evidence dir eSly hear on the case and more especially tie evidence of the two llie refusal of whose evidence is to a slight on their countries col decision moans the condemnation of dreyfus was the un elimous opinion of the antl ads and it was also the opinion of a majority of the Dreyfus ards whose last hope is that col only dared to refuse to take the evidene cf col Schwartz koppen and malor pank bardl because the court had already made up its mind to acquit tbt prisoner after the decision of the court re fusing to examine the attaches 1 l commission had been delivered reports relating to tho experts examination ct the bordereau was read then M labor complained of the abac c Cernus hl who sent a letter to col jou aust saying he waa indisposed and confined to the house he wished to question this witness and asked that certain letters bc submitted to the court showing cernuschi v n the object of mental ana setting forth other facts unfavorable to him gen roget caff caig ret col gen mercier anil major hartmann were allowed to make a few explanations of the effecting them they dwelt upon comparatively minor points major carrlene Carr lere was called upon to deliver the final speech for tho prosecution which only lasted an hour and a quarter and which was generally characterized ae one of the weakest orations ever heard in the court he paid he considered it to be established that dreyfus wrote the bordereau though the phrase concerning the con yoking of troops waa vry significant he pointed out that dreyfus coul have obtained the information with little trouble major carriere added tl at esterhazy could not siy in aup ibl that ho waa going to the manou vree while dreyfus could have thought EP up to august 28 tho commissary affirmed that he himself noticed the alteration in drufua Dry fUA hann writing elace 1894 in letters which he had written from devils island alluding to the secret dossier ilia said esterhazy wa not in a pillion to furnish the in onn atlon discussing the arres niia ance of A col Schwartz koppen major carrlene Carr lere declared emphatically alls belief ahat dreyfus hil relations alth the power of which A was the agent ho admitted ester was not a nice person but said there waa lag to prove he was a tra to and added that had utterly failed to convince him of the innocenci 0 dreyfus my belief in the innocence of dreyfus said major carriere in conclusion has been transformed into a conviction of his guilt which haa luan continued on fourth f DREYFUS IS GUILTY continued from first page strengthened by tho testimony ot the tor the prosecution today I 1 to tell you on my soul and conscience that 1 guilty and to isk for the application 0 article 76 ot the penal code the generalao generala gene rala and other officers who were seated in the witness chairs left the court room just before the government commissary closed in accordance cor dance with the orders of uio minister of war marquis to leave rennes within two hours after the pleading had begun there was an in fo resting scene in the cobit yard of the where the officers took leave of each other they appeared to ae iu good spirits M demange of counsel tor the defense will probably occupy the whole of tomorrow in his speech for the defense and M labora will speak saturday the verdict will be monday because the police are opposed to the announcement of the verdict on saturday it it were possible to do so u the ground that it boull be likely to lead to trouble on sunday |