The Dreyfus Affair and the Leo Frank Trial

Sometime in 1889, a woman named Madame Marie Bastian was recruited as an agent of the secretive “Statistical Section,” an espionage and counter-intelligence agency attached to the military intelligence office of the French General Staff. Mme. Bastian, a cleaner employed by the German Embassy in Paris, and thanks to her Romany origins, she was somewhat acquainted with Germany and marginally conversant in the German language. She enjoyed complete and unrestricted access to the private residences of many important German diplomats and functionaries, and as she gathered up the torn-up documents in the various waste paper baskets, she routinely passed them on to a handler attached to the Statistical Section. Most of what was delivered was of little interest or importance, but on some occasions, documents taped back together and translated proved to be of significant value.

In September 1890, among a pile of torn-up documents delivered by Mme. Bastian was found a note handwritten in French which, when pieced together, proved to be a list of French military secrets handed over to the Germans by an unknown French officer of the General Staff. This discovery, which proved the existence of a traitor in the department, triggered a ferment in the corridors of the Conseil Supérieur de la Guerre, and the hunt was on for the culprit.

By a process of elimination, officers of the military intelligence were able to narrow down a list of probable traitors, among whom was a young Jewish staff officer, Captain Alfred Dreyfus, who was immediately earmarked as the chief suspect. Dreyfus’ handwriting was compared to that on the bordereau, and although the various handwriting experts who conducted the comparison failed to reach a common consensus, it was nonetheless judged that Dreyfus was indeed the culprit. In December 1894, Dreyfus was court-martialed, convicted, and sentenced to a term of life in prison. On January 5, 1895, in a formal parade, Captain Dreyfus was stripped of his rank, his sword was broken over the knee of a sergeant, and he was shipped overseas to the penal colony of Devil’s Island on the coast of French Guiana.

Dreyfus himself, a soft-spoken, prematurely balding man of 36, passionately maintained his innocence, and when he was arrested and taken into custody, he was utterly stupefied. The general public tended to follow the direction of the military, and virtually no voice was raised in his defense. His brother, Mathieu Dreyfus, and his wife Lucie were alone in supporting him and declaring his innocence.

The Jim Crow South has been notorious for miscarriages of justice for decades, and cases like the Scottsboro Boys continue to be commemorated for the manner in which institutionalized racism ensured the wrongful convictions of minorities. The attention given to these cases raised nearly every potential issue implicating criminal procedure among the states. While the Bill of Rights had ensured a number of rights for criminal defendants, the states had previously been allowed to interpret those rights, leading to instances where defendants weren’t provided adequate legal representation. For example, the case of the Scottsboro Boys compelled the U.S. Supreme Court to order new trials in Powell v. Arizona (1932), which went a long way to determining and codifying some of the rights of criminal defendants in state courts.

However, blacks weren’t the only ones discriminated against in the South, as the Leo Frank case made clear in the 1910s. While 20th century anti-Semitism has been (and often continues to be) viewed mainly as a problem in European countries like France and Germany, anti-Semitic hysteria led to one of the most shocking episodes of mob justice in early 20th century America.