M. Labori.--“What does M. Quillard think of M. Zola’s letter?”

M. Quillard.--“M. Zola belongs to a literary generation absolutely

different from my own, and generally men of letters enjoying the public

favor find in their immediate successors the worst of adversaries and

the most clear-seeing of critics. We have not failed in this duty

toward M. Zola, and even I, while rendering a high homage to his

admirable work, which is an honor to French letters, have expressed

the keenest reserves in regard to him. Therefore it is not at all as a

faithful disciple that I come here, yet I am only the freer to say how

beautiful, generous, and heroic the attitude of M. Zola seems to me. He

might have kept silent; he might have listened to the counsels of what

Victor Hugo in 1871 called the complaisance of public anger. He knew

that, in writing the letter that he wrote, he was subjecting himself

in advance to all insults and all infamies. He knew that he endangered

not only his rest, but, as we now know, his life; that he endangered

his honor, since we have arrived, it seems, at such a degree of social

rottenness that no man can express his opinion without being accused of

venality. Well, knowing the circumstances in which we live, and knowing

the ignominy of anti-Semitism, I find this act of having spoken under

these circumstances what he believed to be the truth, and his opinion

that above the thing judged there was perhaps the thing true, to be

worthy of an honest man, and of more honor to M. Zola than many of his

works. So that I am happy to bring here the homage of my profound and

respectful admiration.”

_Testimony of M. Jean Jaurès._

Following M. Quillard came M. Jean Jaurès, a Socialist member of the

chamber of deputies, whose deposition follows:

“I was present at the public portion of the Esterhazy trial, and it

is because of that that I come to this bar to declare, not only the

complete good faith of M. Zola, but the high moral and social value of

his act. I consider that the conduct of the Esterhazy trial justifies

M. Zola’s most vehement indignation. It justifies also the anxieties

of those who, profoundly respectful of the national honor, do not wish

the military power to rise superior to all control and all law. I add

that the weaknesses shown by parliament and the government from the

beginning of this affair have obliged citizens to intervene, and, by

their defence of liberty and right, make up for the delinquencies of

the responsible powers. In the Esterhazy case three decisive facts have

especially struck me.

“In the first place, why were closed doors ordered for the hearing of

the handwriting-experts? Here was involved the essential feature of the

accusation. M. Esterhazy was accused of having written the _bordereau_.

Why, then, was it necessary to discuss in the mystery and secrecy of

closed doors the experts’ testimony, which was to settle this question?

Closed doors which withdraw the discussion from publicity, from the

control of opinion so useful, not only to the accused, but to his

judges,--closed doors can be justified only by superior reasons of

national interest, and it is impossible to pretend that there was any

national interest whatever in concealing from the country the expert

testimony relative to the authorship of the _bordereau_. The simple

reason for the closing of the doors was the existence of an interest,

which was not that of justice, in concealing the contradictions between

the conclusions of the experts who testified at the trial of 1894 and

the expert conclusions presented in the Esterhazy trial. But there were

not only these contradictions to veil; there were other facts pointing

to M. Esterhazy’s authorship of the _bordereau_ which it was of

importance to examine publicly. For my part, I know, and can bring to

this bar positive testimony, that Major Esterhazy had made singularly

disturbing declarations regarding the _bordereau_. I know it, and I

can appeal here to the testimony of one of our honest _confrères_

who will not contradict me; and I am determined, neglecting all the

secondary proprieties which are not to be considered in this case, to

go straight to the truth, because I consider that it is the first duty

of every citizen, in this case in which obscurities have been heaped

up without limit, to bring every particle of truth in his possession,

that from all these particles the definitive truth may later be

established. Well, this is what I heard M. Papillaud, an editor of ‘La

Libre Parole,’ say twice. He made this declaration to me once as we

were leaving the senate together after the interpellation made by M.

Scheurer-Kestner. He made it again publicly in presence of a group that

was forming in the Salle des Pas-Perdus of the chamber, which is open

to all comers, and where all remarks are public. Well, M. Papillaud

said to me, and to many other persons, this:

“‘I believe profoundly in the guilt of Dreyfus. I believe it, because

it seems to me impossible that French officers, having to judge

another French officer, should have condemned him in the absence

of overwhelming evidence. I believe it, because the power of the

Jews, very great four years ago, as it is today, would have torn

Dreyfus from the hands of justice, if there had been in his favor the

slightest possibility of salvation. The _bordereau_, moreover, is

but an accessory element in the case; but, so far as the _bordereau_

is concerned, it is my absolute conviction that it is the work of

Esterhazy, and this is why I think so. In the two days that followed

M. Mathieu Dreyfus’s letters of denunciation, M. Esterhazy, who did

not seem to have recovered his self-possession completely, went often

to the editorial rooms. He came to the editorial rooms of “La Libre

Parole,” and there, in the presence of my comrades and myself, he said:

“Yes, there is between the handwriting of the _bordereau_ and my own a

frightful resemblance, and when ‘Le Matin’ published the _fac-simile_,

I felt that I was lost.”’

“I point out to the jurors that the _fac-simile_ was published fifteen

months, I believe, before the letter of accusation, at a time when

the name of Esterhazy had not been mentioned in connection with this

matter, and I leave them to judge of the moral gravity of such a

remark. The result, if not the object, of hearing the expert testimony

behind closed doors was the concealment of all these indications.

“The second point that struck me was the attitude toward

Lieutenant-Colonel Picquart. The most violent charges were made against

him. He was accused of forgeries and of all sorts of base and guilty

manœuvres, and the accusations were public. The report that embodied

charges against him was read publicly, and, when the time came for

Lieutenant-Colonel Picquart to defend himself, those who reproach

M. Zola with assailing the honor of the army deprived this officer,

thus publicly accused, of the opportunity of a public defence. I say

that this is a serious matter. Here, before the jury, before this

audience, all the charges against Colonel Picquart have been produced,

and I shall be careful--for I have not the right, and it is not my

affair--not to say a word concerning the substance of these charges.

But, though he was accused in the presence of the country, in the

presence of the jurors, who are the legal conscience of the country, he

was allowed also to defend himself in the presence of the country and

in the presence of the jurors. I ask the jurors who heard the charges

of General de Pellieux against Colonel Picquart what they would have

thought, if, after having given General de Pellieux the floor to crush

Colonel Picquart, they had refused Colonel Picquart the right to defend

himself publicly? Well, gentlemen, it was that that happened in the

Esterhazy trial. Let them not plead again the necessity of the national

defence, of national secrecy, since here, without ever compromising the

national defence, and without the escape of a single terrible secret,

Colonel Picquart has been allowed to defend himself publicly, as he was

publicly attacked. It is precisely this outrageous contrast between

the publicity of an attack upon a man and the closed doors ordered

during his defence that has caused consciences to revolt,--I speak not

only of my own, but of those of many independent men who are not in

public life, professors, my school-comrades, men who have been absorbed

throughout their lives in disinterested investigations,--and that has

determined them in great numbers to throw off their reserve and their

neutrality, and go down into the streets in defence of the right. Well,

M. Zola felt as others felt, and no more than others have felt, the

natural and legitimate indignation which such methods excite.

“But, gentlemen, there was a third very disturbing fact in the

Esterhazy case,--namely, the absence of any serious investigation

regarding the history of the veiled lady and the method by which

the secret document was conveyed to M. Esterhazy. Really, we must

be strangely _blasé_ regarding certain things, or else arrogant

affirmations must have the power of entirely destroying our critical

and thoughtful disposition, if this fact does not agitate and trouble

us. There is a secret document. This document concerns the national

defence. It has, it seems, an international value. It might plunge our

country into diplomatic difficulties. It is locked in the securest

manner in the most secret and the most carefully guarded closet of the

most remote sanctuary of the staff. And yet a photograph of this secret

document is conveyed by melodramatic processes, through a mysterious

woman, who transmits it to an officer previously notified, and the

military authority, guardian of the national secrecy, guardian of the

security of the country,--the military authority does not even outline

the beginning of an investigation into the movements of this document.

Really, it is singular. And why has it not done so? Why? Because the

investigation would surely have shown that this photograph of the

secret document could not have been transmitted to M. Esterhazy except

by design of the staff, and for two decisive reasons. The first is

that, if the staff had not known that this document was communicated

to Major Esterhazy by the staff itself; if there had not been an

evident connivance on the part of the general staff and of Major

Esterhazy,--then, when Major Esterhazy, responsible officer of military

discipline, presented himself at the war department to return a secret

document without explaining how it came into his possession, the first

care and the first duty of the general staff would have been to arrest

Major Esterhazy. The second reason is that this document, I beg the

jurors to remember, could have had no interest for Esterhazy, unless

he knew that it came from the staff. In fact, of what was he accused?

He was accused of having written the _bordereau_. Now, how could the

possession of a document containing these words: ‘That scoundrel

D----,’ help Esterhazy to show that he did not write the _bordereau_?

This secret document, thus passed to Esterhazy, could not have been

useful to him because of its contents. It could have been useful to

him only because of the source whence it came to him. It could have

been useful to him only as informing him that the staff was watching

over him, that the staff was determined not to call the matter in

question, that the staff was arranging a new plan of campaign, that it

would not allow itself to be beaten, and that he, Esterhazy, protected

by his chiefs, should rest easy, should not lose foot or head, should

not be disturbed, should not make any confession. Such was the only

possible interest of the document communicated to Esterhazy. It was

not a cartridge that the staff sent him, but a cordial on the eve of

battle,--on the eve, that is, of the trial.

“Thus it appears throughout the Esterhazy trial, in the closed doors

for the hearing of the expert testimony, in the strangulation behind

closed doors practised upon Colonel Picquart, in the absence of all

investigation as to the conveyance of the secret document,--it appears

everywhere that the trial was conducted, not with a view to truth and

justice, but for the systematic justification of the military chiefs.

And then, gentlemen of the jury, the country has the more right to be

agitated and indignant, because they make use of the noblest words

to mislead it. There are no words more beautiful, more grand, more

sacred, than those of country, national defence, national honor. But

it is precisely because these words are the holiest and the grandest

known to the tongues of men that they have no right to profane them and

to prostitute them in covering up tricks of procedure. No, no! This

profanation of the country was enough to stir up all French souls and

all upright consciences.

“And now why have citizens like Zola, and many others with him,

thrown themselves into the battle, uttering this cry of their emotion

and their conscience? Because the responsible powers, consecrated to

intrigue and to impotence, did not act, did not come to the front.

Was it not the first duty of the legislators and the governors,

from the hour that the report was spread that a secret document had

been communicated to the judges in a criminal trial without being

communicated to the accused and to his counsel,--was it not the first

duty of the legislators and the governors to find out whether this

violation of republican law and of human rights had been committed?

And why did they not do it? On this point we have endeavored to obtain

from the responsible government the declarations that it owed to the

country. This violation of law and of right has been alluded to from

the tribune of the senate. I have ventured to put the question from

the tribune of the chamber, squarely asking the prime minister: ‘Yes

or no, has a document of interest to an accused person, capable of

establishing or confirming his guilt,--yes or no, has such a document

been communicated to the judges without being communicated to the

accused and to his counsel?’ and I have been able to obtain no precise

reply.

“They always take refuge in that equivocation, the legal truth. Oh!

yes, it is legal truth that a man is guilty when he has been legally

condemned, and it is also legal truth, it seems, that this man is

guilty and has been legally judged when his appeal for revision has

been rejected. But that does not tell us whether the communication of

a secret document, outside of all legal guarantees,--a communication

unknown at the time of the appeal for revision,--has been made or not.

And to this question, put by the responsible representatives of the

country to the responsible government, why have they steadily refused

to make a clear reply? I am mistaken. M. Méline, the prime minister,

has answered me: ‘I cannot reply without serving your designs.’ It

seems that in the country of the Declaration of the Rights of Man

it is a design to affirm that a person may not be judged on the

strength of secret documents. But he said to me (and his words are in

‘L’Officiel’): ‘You shall be answered elsewhere.’ Elsewhere! I thought

that it would be in the assize court; and it is true that here, by

surprise as it were, the truth has finally come to light. But I do

not know that any of the responsible representatives of power have

come here any more than to parliament to answer the question that

the country has a right to put, and it is really prodigious that a

country which believes itself free cannot know whether the law has been

respected, either in the palace where the law is made, or in the palace

where it is enforced.

“Everybody foresaw this violation. There were not four deputies in the

chamber who doubted it; why do they not speak of it, and why do they

not act? The other day, when I put this decisive question very simply,

I was sustained by a little group of friends,--fifteen or twenty,--but

in the chamber as a whole there was a passive silence. Yet, when I

descended from the tribune into the lobbies, where the parliamentary

soul recovers its elasticity and its liberty, deputies without number,

of all groups and of all parties, said to me: ‘You are right, but

what a pity that this matter was brought up a few months before the

election!’ Well, I believe that they are mistaken. I believe that,

in spite of all the passing fogs, in spite of all the insults and

all the threats,--I believe that this country is yet to have the

light and truth. But, if the truth is to be vanquished, it is better

to be vanquished with it, than to become an accomplice in all these

equivocations and humiliations.

“But, gentlemen, there has been not simply a violation of the law. This

violation has taken place in particularly aggravating circumstances.

Not only has a minister of war communicated a secret document under

illegal conditions, but he has not even taken what I will call human

precautions against error. He has not even consulted the cabinet.

“I have heard M. Charles Dupuy, I have heard M. Delcassé,--and here

I violate the professional secret of others,--I have heard these

gentlemen, who were then a part of the cabinet to which General Mercier

belonged, declare that there was no mention in the cabinet of any

secret document except the _bordereau_; that there was no allusion to

the other secret documents of which there has been talk since. Well,

gentlemen of the jury, this shows not only that the communication was

illegal, but that a single man, without official consultation with his

friends, took it upon himself to throw into the scales of the trial a

document whose value he alone had dared to measure. I say that this

man, in spite of the brilliancy of his service and of his stripes, in

spite of the arrogance of power, is a man,--that is, a miserable and

fragile being, made of darkness and of pride, of weakness and of error;

and I do not understand how it is that in this country of law a single

man has ventured to assume, upon his single conscience, upon his single

reason, upon his single head, to decide upon the life, liberty, and

honor of another man. And I say that, if such customs and such habits

were to be tolerated in our country, there would be an end to liberty

and justice.

“And that is why citizens like M. Zola have done right in rising to

protest. While the government, imprisoned in its own devices, intrigued

or equivocated; while parliamentary parties, imprisoned in their own

fears, kept silence or abdicated; while military justice set up the

arbitrary _régime_ of closed doors,--citizens rose in their pride, in

their liberty, in their independence, to protest against the violation

of right, and thereby have done the greatest service to our country

that they possibly could do.

“Oh! I know very well that M. Zola must suffer for this noble service,

and I know also why certain men hate and pursue him. They pursue in him

the man who has maintained the rational and scientific interpretation

of the miracle; they pursue in him the man who has predicted in

‘Germinal’ the flowering of a new humanity, the springing-up of the

wretched _prolétariat_ from the depths of suffering to the sunlight;

they pursue in him the man who has just torn the staff from that

baneful and arrogant irresponsibility in which unconsciously the way

is paved for all the disasters of the country. They may pursue him and

hunt him down, but I believe that I express the feeling of all free

citizens in saying that before him we respectfully bow.”

At the conclusion of the testimony of M. Jaurès the defence offered two

motions: first, that the court record its acknowledgment of the fact

that, Colonel Picquart having been called a liar by Lieutenant-Colonel

Henry, neither the presiding judge or the attorney-general intervened

to suppress the insult; second, that, General de Pellieux having

declared that there was little or no resemblance between the

_bordereau_ and _fac-simile_, the court order the production of the

original of the _bordereau_. The first motion was granted, but the

court refused to order the production of the _bordereau_.

The testimony of the experts being now in order, M. Bertillon took the

witness-stand.

_Testimony of M. Bertillon._

“I am absolutely sure,” he testified, “that Dreyfus wrote the

_bordereau_. I am absolutely sure that it is impossible that any other

person could have written it. There may be a revision followed by

an acquittal, but I swear most absolutely that it can not be proved

that any other person than the individual originally condemned unites

within himself the calligraphic characteristics that this _bordereau_

exhibits. It could have been written only at the house of the condemned

man.”

M. Labori.--“This is very interesting. We pretend to prove that the

_bordereau_ is the work of Major Esterhazy.”

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 154 / 282 题