The Judge.--“I ask your pardon.”
M. Labori.--“I accept no observations which imply that I desire to
reach an end by indirect means.”
The Judge.--“You know the summons; you know the court’s decree. Let us
not go outside of that.”
M. Labori.--“I do not go outside of it. And let me tell you, _Monsieur
le Président_, since you blame me personally here, that I am convinced
that, if you came here desirous of the light, but not knowing the
light, knowing nothing of this affair, you would not know what I expect
of this man; and therefore, when you refuse to put the question that I
have just asked you to put, I say that you foresee the reply that would
be made; I say that you make this a tendency trial, and I do not accept
it.”
The Judge.--“I repeat that I will put only such questions as concern
the Esterhazy case, and none that concern the Dreyfus case.”
M. Labori.--“I make no reference to the Dreyfus case. Here we come to
the culminating point of this trial. _Monsieur le Président_, I ask
your permission to offer a motion, in order to secure a decision from
the court regarding the putting of the question which I ask the court
to put.”
M. Clemenceau.--“I think it important to give due weight to this
fact,--that, a witness being on the stand, the defence rises and says:
‘We maintain that this witness knows from the lips of a member of the
council of war that a secret document was communicated,’ and that,
confronted with this affirmation, upon which we insist, the court
declares that the question shall not be put. We make the jury judge.
Let the witness contradict us with a word. _Monsieur le Président_ will
not have time to stop him.”
The Judge.--“Monsieur, do not answer.”
M. Clemenceau then offered his motion in legal form, and the court at
once rendered a decree sustaining the president, and refusing to put
the question, whereupon the court adjourned for the day.