M. Clemenceau.--“Ah! very well.”

General de Pellieux.--“What opinion do you expect me to express?”

The Judge.--“Were you familiar, in the Esterhazy case, with the

communication of secret documents by Colonel Picquart to M. Leblois?”

M. Clemenceau.--“That is not what we are talking about. It is agreed

that, when General de Pellieux learns that a document accusing Major

Esterhazy is communicated to a third party, he is indignant. It is

established, on the other hand, that, when a document accusing another

officer is carried about Paris, he has no opinion. General de Pellieux

has said that he caused a search to be made of M. Picquart’s premises.

May I point out to him that M. Picquart was a witness, and ask him

also why he did not cause a search to be made of the premises of M.

Esterhazy, who was the party accused?”

General de Pellieux.--“It was absolutely useless to search the

premises of Major Esterhazy, as that had been done during eight months

by Colonel Picquart.”

M. Clemenceau.--“Eighteen months had elapsed between what General

de Pellieux calls the searches of Major Esterhazy’s premises by M.

Picquart and the Esterhazy investigation. I repeat: How did it happen

to occur to General de Pellieux to search the premises of a witness,

and not the premises of the accused?”

General de Pellieux.--“I did not cause a search to be made of Major

Esterhazy’s premises, because I was a judicia officer of police and did

not deem it necessary.”

General de Pellieux then stepped down, and the defence offered the

testimony of MM. Dupuy, Guérin, and Poincaré concerning the secret

document, which testimony the court declined to hear for the usual

reasons, and the hearing of which M. Labori insisted on by the usual

motions. Then the stand was taken by M. Thévenet, former minister of

justice.

_Testimony of M. Thévenet._

Being asked what he thought of the good faith of M. Zola in writing the

article, “I Accuse,” he said:

“I am absolutely convinced that M. Zola acted in good faith, and these

are my reasons. In the Esterhazy case there was an astonishing gap,

which I consider very important. The examination had shown that Major

Esterhazy had received from a veiled lady on several occasions the

copy of a secret document which existed in the office of the minister

of war, and which demonstrated, it was said, the guilt of Dreyfus.

Well, I say very frankly to the jury that what struck me in this

military examination was that this matter of extreme importance was

not thoroughly looked into. If the veiled lady really existed, why did

they not search for her with much activity and patience, and why was

not this important matter gone into thoroughly? I am astonished--and

in parliament I am not alone in this astonishment--that the military

authorities dropped this matter without a fundamental examination. If

a secret document of this character had been taken from the office

of the minister of war, a secret document on which everybody’s eyes

were fixed, and which was securely locked in a closet, it was for the

interest of the national defence that serious measures should be taken

to avoid other leaks of this sort, for other secret documents might be

similarly embezzled by this woman, or by some one in her confidence.

Moreover, it would have been easy to make such an investigation. This

woman had arranged meetings in somewhat strange spots; she had been

taken there in cabs on two occasions, if my memory serves me; and Paris

cabmen never exhibit a failure of memory when the courts call on them

for testimony. Hence the cabman, and perhaps the woman, could easily

have been found. At any rate, a serious investigation should have been

made to find out how the document was taken.

“If the veiled lady is a legendary character,--which is possible, for I

believe that in this case there are many legends,--the question was no

less serious. For then the problem arises: how could a secret document,

from the office of the minister of war, showing the guilt of Captain

Dreyfus, have been communicated to Major Esterhazy, when it had not

been communicated to Captain Dreyfus, whom this document accused? I can

understand that M. Zola’s conscience has been troubled. And it is not

only his that has been troubled. I can understand how M. Zola could

arrive at the belief that the second council of war, inexactly informed

by an inadequate examination, had perhaps misjudged.”

M. Thévenet was then asked by M. Labori what he thought of M. Zola’s

good faith in writing that sentence in his letter to President Faure

in which he accused the second council of war of having covered the

illegality of the first council of war, in obedience to orders, by

committing in its turn the crime of knowingly acquitting a guilty

person. The witness answered:

“It is said that neither Dreyfus or his council were made aware of

a secret document, which nevertheless had been communicated to the

members of the council of war that condemned Dreyfus. Well, gentlemen,

I am astonished that this question, which has been under discussion so

long, has not been settled already. It is, in my opinion, not simply

the only question involved in this trial, but the capital question

of this entire discussion. It should have been met at the beginning,

and it seemed to me--I ask your pardon for this allusion--that it was

possible to answer it very frankly by a yes or a no. I have read the

reports of the trial, and I have been surprised that this question,

which has been asked, if I am not mistaken, has been met by silence.

It has been put to honorable generals who were able to answer, but who

considered themselves bound by professional secrecy. I say, gentlemen,

that here we touch a question which is not simply a point of law,

but a much higher principle,--that of the liberty of defence, the

imprescriptible right which every accused man has of knowing on what

evidence he is accused. Is it true, yes or no, that the first council

of war considered documents that were not made known to M. Demange or

to Captain Dreyfus? That can be answered by a yes or a no. They make

no answer. What does that mean? If they had answered yes, the court

of appeals would have passed upon it. Would that have established the

innocence of Dreyfus? Not at all. He would have come again before

the council of war, before military authority itself, and military

authority, after examining the documents and submitting them to Dreyfus

and his counsel, would have decided whether Dreyfus was guilty. But in

that case Dreyfus would have had a chance to defend himself against

documents that he had been permitted to read. Perhaps there would have

been a second conviction. I do not know. But the trial would have

been complete, the law would have been respected, and the liberty of

defence--human dignity, I should say--would have been safeguarded.

I declare, for my part, that, if the minister of war had come here

to give his word of honor that no communication had been made to the

council of war which judged Dreyfus, I should have bowed before his

word. But let him give it. This it is that disturbs public opinion, and

prolongs, and perhaps will perpetuate, this trial, which is an evil for

everybody and an evil for the country.”

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 97 / 282 题