Attorney-General Van Cassel.--“That is not possible. The file does
not belong to me. I can no more bring it here than I could bring the
Dreyfus file. It is for the accused to gather their proofs before
making their charges.”
M. Labori.--“You know very well that the minister of war abuses the
right of silence, in order to put the light under a bushel. If it were
easy to get at the light, we should have gotten at it long ago.”
M. Clemenceau.--“Here are two witnesses who contradict each other. Then
one of the two lies. Perjury has been committed on this witness-stand.
Justice is entitled to know which of the two is guilty. If it refuses
to aid us, it will be clear that it is afraid of the light.”
M. Labori offered a motion that the court order the production of the
file. The motion was opposed by the attorney-general, and the court
suspended its decision. Whereupon General Mercier, former minister of
war, and now in command of the fourth army corps, at Mans, was called
to the witness-chair.
_Testimony of General Mercier._
Being asked by M. Labori if he was acquainted with the document known
as the liberating document, he answered in the negative.
M. Labori.--“That document contains a postscript beginning with the
words: ‘That scoundrel D----.’ Are you familiar with this document?”
General Mercier.--“No.”
M. Labori.--“Was a secret document communicated to the council of war
in the Dreyfus case in 1894, outside of the trial?”
The Judge.--“Can you answer the question?”
General Mercier.--“I believe that the Dreyfus case is not in question
here, and that there is a decree of the court forbidding us to call it
in question.”
M. Labori.--“Does General Mercier know of the publication in
September, 1896, of certain confidential information belonging to the
war department?”
General Mercier.--“I read in a newspaper at that time--I believe it was
‘L’Eclair’--the communication of pretended documents. I absolutely do
not know whence this information came. At any rate, I had nothing to do
with it.”
M. Labori.--“General Mercier had then ceased to be minister of war,
so I cannot ask him if an inquiry was instituted. I would have asked
General Billot, if he had come. But can General Mercier tell us whether
in 1894 he made an inquiry in regard to the indiscretions committed
for the benefit of certain newspapers, notably ‘La Libre Parole’ and
‘L’Eclair’?”
General Mercier.--“What was the date of the indiscretion to which you
refer?”
M. Labori.--“The arrest of Captain Dreyfus was announced in ‘La Libre
Parole’ of October 29, then in ‘L’Eclair’ on October 30 and 31. Then
‘La Libre Parole’ printed an article, declaring that, other newspapers,
and notably ‘L’Eclair,’ having spoken, there was no further reason
for keeping back the truth; and so this newspaper told a long story.
Many of its statements having been shown to be true, I desire to know
whether the minister of war made an investigation as to the manner in
which these newspapers became possessed of them.”
General Mercier.--“I made no inquiry. These publications were made
outside of the war department, and, if you ask my opinion, they were
made against the wishes of the war department.”
M. Labori.--“Could General Mercier tell me to whom he attributes the
publication?”
General Mercier.--“On October 29, 1894, Dreyfus had already been
arrested and imprisoned. Consequently his family might know many
things, and, since you ask me my opinion, though it is based on no
proof, I believe that the information then given to the newspapers
could have come from the Dreyfus family.”
M. Labori.--“I asked General Mercier just now if a secret document was
communicated to the council of war in 1894.”
M. Clemenceau.--“The question was put by the court, and the answer
was made that there was a decree of the court that prevented General
Mercier from speaking. Consequently, if General Mercier had not been
moved by these legal scruples, he would have spoken.”
The Judge.--“But I should have stopped him. We are not a court of
revision, but an assize court. Remember that.”
M. Labori.--“Agreed, _Monsieur le Président_. Let us note the reply
already made by General Mercier, and let us note that the court
would not put the question, if General Mercier had not answered
spontaneously. M. Zola is prosecuted for three paragraphs, in one
of which he accuses the second council of war of having covered an
illegality in obedience to orders. I say that we are entitled to prove
this illegality, unless the prosecution will admit that it has been
committed.”
The Judge.--“I point out to you that we are not a court of revision,
but an assize court.”
M. Labori.--“I answer: If in 1894 they had boasted, as they have
boasted since, of having communicated a secret document, then that fact
could have been used to secure a revision. But this fact was not then
known. It is only since then that it has been openly repeated. General
Mercier himself will not say that this is not true, but he will say
that he cannot answer.”
General Mercier.--“Pardon me, I say that that is not true.”
M. Labori.--“Does General Mercier say that it is not true that a secret
document was communicated, or does he say that he has not repeated
the fact to anyone whomsoever? I ask him to leave no ambiguity in his
reply.”
General Mercier.--“I have not to answer the first question, but, as to
the second, I say that it is not true.”
M. Labori.--“I desire to say to General Mercier that, whatever I may
have to express in my summing-up, I have absolute confidence in his
word.”
General Mercier.--“I thank you.”
M. Labori.--“If General Mercier were to say here a word contrary to my
thought on a point as serious as that of which we have been speaking,
I should be filled with frightful anguish, because I should no longer
understand anything of what I have seen going on for months; and so I
shall keep silent, because I am confronted with a soldier whose tact I
may pass upon in my argument, but whose honesty I respect.”
The Judge.--“Have you anything to add, General?”
General Mercier.--“I have not to come back to the Dreyfus case,
but, if I had to come back to it, it would be to say, on my word as
a soldier, that Dreyfus was a traitor who was justly and legally
condemned.”
The Judge.--“M. Labori, you have heard the declarations of M. Mercier,
the former minister of war. He has given you all the explanations
desired. He has even gone farther than I desired.”