M. Labori.--“I make a reservation in regard to M. Casimir-Perier.”

The Judge.--“Here is a letter from Lieutenant-Colonel du Paty de Clam.

He says: ‘In the Dreyfus case I performed the functions of an officer

of judicial police. My only part in the Esterhazy trial was to testify

behind closed doors, and in the matter of this testimony I am bound to

professional secrecy. Under these circumstances I have the honor to

pray you to excuse me from appearing in court, where I should be unable

to furnish any information concerning the matters mentioned in the

summons.’”

M. Labori.--“M. Zola and M. Perrenx deem Lieutenant-Colonel du Paty

de Clam a witness of the highest importance, not only in matters

relating to the Dreyfus trial, but in matters relating to the

Esterhazy trial. Furthermore, the testimony of Lieutenant-Colonel du

Paty de Clam is necessary, because it bears upon the good faith of

the accused, for, if certain information that has come to M. Zola,

and the production of which he will call for before this court, is

to be believed, Lieutenant-Colonel du Paty de Clam has been mixed

up in matters which concerned Lieutenant-Colonel Picquart, certain

of which are very curious. Furthermore, a complaint has been lodged

against Lieutenant-Colonel du Paty de Clam, the consideration of

which has been entrusted to Examining Magistrate Bertulus. For all

these reasons the testimony of Lieutenant-Colonel du Paty de Clam is

indispensable. We cannot produce here certain evidence that concerns

him, unless he is called to explain himself in person. And under these

circumstances I believe it my duty to make formal motion that all

legal means be employed to make Lieutenant-Colonel du Paty de Clam

come here and testify concerning his relations with the de Comminges

family, concerning the scene with the mysterious lady in 1892, and

concerning the telegrams signed ‘Speranza’ and ‘Blanche,’ addressed to

Lieutenant-Colonel Picquart at Tunis.”

The Attorney-General.--“M. du Paty de Clam declares in his letter, like

all the members of the council of war, the hearing of whom has been

abandoned because it was evident that it could not be exacted, that

professional secrecy prevents him from giving any information whatever.

Consequently there is no reason for rejecting his excuse. But M. Labori

points out that Lieutenant-Colonel du Paty de Clam was interested as a

witness in an examination not yet finished, but opened on the complaint

of Lieutenant-Colonel Picquart. The reply to this is manifest and

direct. There can be no confusion here between M. Zola and the _gérant_

of ‘L’Aurore’ on the one hand, and Colonel Picquart on the other. The

latter has lodged a complaint which is being regularly examined, and it

is for him alone to intervene if he sees fit. But his proceeding is the

proceeding of a third party, so far as these defendants are concerned.

From no point of view, then, do the arguments that have just been

presented seem to me well founded.”

M. Labori.--“Will the court permit me to indicate the matters

concerning which M. Zola desires to hear Lieutenant-Colonel du Paty de

Clam, and the connection between them and the verdict of January 11?

In 1892 Lieutenant-Colonel du Paty de Clam, who had not then risen to

his present office, was in very close relations with the de Comminges

family, whose society Lieutenant-Colonel Picquart also frequented.

Mlle. Blanche de Comminges and her brother, Captain de Comminges, have

been summoned here as witnesses.”

The Judge.--“I regret to inform you that Mlle. de Comminges is sick,

and that she has sent a doctor’s certificate.”

M. Labori.--“We hope that she will be well again within forty-eight

hours. There are many sick people in this case. We shall have something

to say concerning the things that are happening in this matter to

prevent witnesses from coming, and we shall expose all intimidations

and threats. Mlle. de Comminges knew Lieutenant-Colonel Picquart and

Lieutenant-Colonel du Paty de Clam. At the beginning of the campaign in

relation to Major Esterhazy, Lieutenant-Colonel Picquart received at

Tunis two singular dispatches. One of them read: ‘All is discovered.

Speranza.’ The court will remember that this is a signature which

has been met already in the Esterhazy trial. The other dispatch

said in substance: ‘It is known that Georges (that is the name of

Lieutenant-Colonel Picquart) is the author of the telegram. All is

discovered. Blanche.’ By Blanche was meant Mlle. Blanche de Comminges,

and that this was understood by the military authorities is proved

by the fact that they demanded of Mlle. Blanche de Comminges certain

specimens of her handwriting. She protested, and lodged a complaint,

as did Lieutenant-Colonel Picquart. These dispatches, then, were

forgeries. It would be interesting to find out who the forgers are.

Lieutenant-Colonel Picquart attributes one of them to the police agent,

Souffrain, and we have summoned him. We hope that he will come, and

then we shall have an explanation. As for the other telegram, we are

curious to know how there could have started from certain circles

which must be in touch either with the minister of war or with Major

Esterhazy a dispatch signed Blanche which Lieutenant-Colonel Picquart

was expected to consider as coming from Mlle. Blanche de Comminges. We

should like to hear Lieutenant-Colonel du Paty de Clam concerning these

matters, and others of an earlier date in which he has been mixed up,

and which relate exclusively and very closely to Major Esterhazy. They

happened in 1892, and we shall have need also of the testimony of Mlle.

de Comminges on the same subject.”

The Judge.--“There is no question here of Mlle. de Comminges. The

question is of Lieutenant-Colonel du Paty de Clam.”

M. Labori.--“But it is Lieutenant-Colonel du Paty de Clam whom

these matters concern. He was induced at a certain moment, on the

intervention of one of his most eminent superiors, General Davout,

to restore to the de Comminges family certain correspondence. I

cannot be more precise on this point, and the court understands why;

but the matter is in the hands of the prefect of police. One day

Lieutenant-Colonel du Paty de Clam said that a certain letter belonging

to this correspondence was not in his hands, and that he could not

give it up directly, because it had fallen into the hands of a woman,

but that it was not very difficult to see her, and that the only thing

necessary was to hand her a 500-franc bill in exchange for the letter.

Then, it seems, on the demand of Lieutenant-Colonel du Paty de Clam,

a meeting was appointed at the _cours la Reine_, at the very spot to

which came the singular veiled lady of Major Esterhazy. There, in the

presence of witnesses, Lieutenant-Colonel du Paty de Clam entered

into conversation with the veiled lady, with whom he remained a long

time, and to whom he pretended to have given a 500-franc bill, which,

however, no one had sent to him. Then he brought back the letter to

transmit it anew to the de Comminges family. These are facts concerning

which I can say nothing more, in presence of the interested parties. I

can furnish only indications.”

The Judge.--“But I do not see the relation between what you have just

said and the matter for which your client is prosecuted.”

M. Labori.--“You shall see. M. Zola does not hesitate to think that the

veiled lady, far from being in relations with Colonel Picquart, as they

have not feared to state in official reports, and as Major Esterhazy

loudly and audaciously charges, belongs to the circle of certain

members of the staff, or to the circle of Major Esterhazy himself. Now,

concerning this veiled lady we shall have to have explanations. For

how can you expect us to prove that a guilty man has been acquitted in

obedience to orders, if we do not begin by proving that he is guilty,

and by establishing consequently the various circumstances which could

culminate in his guilt? Under these circumstances it is for us to

examine in detail, in order to get complete light, points that in no

way concern the national defence, which has been abused. It is our

indisputable right to seek light on Major Esterhazy’s means of defence,

which have been welcomed in another place with a facility that they

will not meet at the hands of this jury.”

M. Albert Clemenceau.--“At the trial of Major Esterhazy, and in the

course of his examination, reference was made to the veiled lady,

and this mysterious person was taken so seriously that the president

of the council of war asked the accused if he could not give some

indications concerning this lady, who had given him the mysterious

rendezvous. I conclude therefrom that in the Esterhazy trial, with

which we are necessarily concerned, the veiled lady was in question,

and that therefore all that concerns her is well within our case.

Again, Major du Paty de Clam, in his letter, says that he cannot come

here to testify, because he was a judicial officer of police in the

first examination. The court perhaps remembers that in this very place,

in the case known as the Prado case, they heard Examining Magistrate

Guillot, who came to testify concerning facts that took place in his

private office. The presiding judge was a Paris magistrate. Now, what

was done in the Prado case can be done in this case, and I do not see

that the fact that Major du Paty de Clam played a part in another

inquiry is a reason why we should not hear him here.”

M. Labori.--“Another thing. This is the first time that I have known

witnesses to be judged according to the utility of their evidence. M.

du Paty de Clam is not sick, nor is he detained, so far as I know, by

the duties of his military office. He does not know upon what points he

is to be examined, or what we shall ask him. It is his duty to appear

in this case. We have to question him as well on matters of fact as

on matters of morals pertaining exclusively to the Esterhazy case,

and not at all to the Dreyfus case. Under these circumstances it is

indispensable that M. du Paty de Clam should appear at this bar. If we

question him upon points in regard to which he can take shelter behind

professional secrecy, he will take such shelter, and will not answer.

And even then it will be our right to make a motion before the court,

asking whether, as a matter of law, M. du Paty de Clam can cut himself

off behind professional secrecy. M. du Paty de Clam refers to closed

doors. Well, if closed doors are necessary in this assize court, we

will have them. With a jury, closed doors have no terrors for us. But

we shall ask no questions concerning the national defence. None are

involved in this affair.”

The trial of Emile Zola: containing M. Zola's letter to President Faure relating to the Dreyfus case, and a full report of the fifteen days' proceedings in the Assize Court of the Seine, including testimony of witnesses and speeches of counsel · 第 16 / 282 题