M. Labori.--“I ask the floor.”

The Judge.--“What question do you wish to ask?”

M. Labori.--“I appeal to Article 319 of the code of criminal

examination, which says that ‘after every deposition the court shall

ask the accused if he wishes to answer what has been said against him,

and that the accused and his counsel shall have a right to question the

witness through the court, and to say against him and his testimony

anything that may be useful for the defence of the accused.’ I ask the

floor.”

The Judge.--“What questions?”

M. Labori.--“I ask the floor to say against the witness and his

testimony anything that may be useful for the defence of the accused.”

The Judge.--“You have the floor only to ask questions.”

M. Labori.--“I have the honor, by virtue of Article 319 of the code of

criminal examination, to ask that the floor be accorded me, and I offer

the following motion.”

General de Pellieux.--“Can I retire, _Monsieur le Président_?”

The Judge.--“You may sit down.”

M. Labori.--“I have the honor to ask the court to be good enough to

wait until my motion is ready.”

The Judge.--“You have the floor.”

M. Labori offered a formal motion that the court accord the floor to

the counsel for the accused, in conformity with Article 319 of the

code, and asked for the floor in order to speak in support of his

motion.

The Judge.--“You have the floor.”

M. Labori.--“Gentlemen, you have just heard, not a deposition, but

an argument. It is the argument of the staff, which sends General de

Pellieux here, not to give explanations, but to throw into the debate,

speculating on the generosity of a great people” ...

At this moment there was an uproar in the court-room, which led M.

Labori to say, interrupting himself: “I pay no attention, but I judge

of the reach of my blows by the protests that they call from my

enemies.”

The Judge.--“M. Labori, pay no attention to what takes place in the

audience. You talk to everybody except the court.”

M. Labori.--“I answer the protests which the court does not suppress,

and I add that I have here a letter that one of my _confrères_ has

just passed to me, which says: ‘M. Labori, lawyers are prevented here

from making any manifestation. Why, then, are infantry and artillery

officers allowed to openly applaud?’ I resume. I was saying that they

speculate on the generosity of a great people which confounds persons

with principles, which identifies chiefs, who are only fallible men,

with the flag that we all respect and that no one has a right to

monopolize, no more General de Pellieux than I. As a soldier, I owe

respect to General de Pellieux, because he is my chief. I am a soldier,

as he is, and on the day of battle my blood will be as good as his, and

I declare that, though I may have fewer stripes, I shall not show less

resolution or less courage. Every time that the advocate of the war

department shall ask the floor at the beginning of the day’s hearing,

in order to make an impression on the men of good faith whose names

the newspapers of the Rue Saint Dominique print every evening as a

sort of intimidation,--I say that every time that the advocate of the

staff shall come to this bar to throw himself into the balance, not as

a witness, but as a sort of pillar of support, the attorney-general’s

silence proving inadequate,--I say that, immediately afterward, the

defender of M. Zola, whatever his fatigue, whatever his emotion,

whatever his sadness, will rise, and, though this trial should last

six months, he will struggle until the light, which is becoming more

brilliant every day, which at first was only a gleam” ...

The Judge.--“This has no relation to your motion. I am going to deprive

you of the floor.”

M. Labori.--“If you deprive me of the floor, _Monsieur le Président_,

it will be said that General de Pellieux was allowed to speak here for

half an hour, and that I was not permitted to answer him. I await your

decision.”

The Judge.--“You have the floor, but in support of your motion. Let us

have done with it.”

M. Labori.--“If this expression, ‘Let us have done with it,’ indicates

that I am disagreeable to the court, I am very much grieved; but I have

no desire to have done with it. I want the light. Entrusted with the

defence of Emile Zola, I will go to the last extremity to get it. I

assure you that you do not excite me at all. I ask only for a moment’s

rest, and will then speak to the end with tranquillity.”

The Judge.--“You speak of all sorts of things. That is why we shall

come to no end, and you have not said a word regarding your motion.”

M. Labori.--“I am saying something now of greater consequence than my

motion.”

The Judge.--“But we are not here to hear all these things. This is the

first time that I witness such a struggle.”

M. Labori.--“Because it is the first time that there has been

maintained, in the name of the law, a judicial error which must come to

light,--which will come to light in a few days, if it does not today.

General de Pellieux has said: ‘Innocent or guilty.’”

The Judge.--“According to Article 311 of the code of examination, I

tell you that you must explain yourself with moderation.”

M. Labori.--“Will you tell me, _Monsieur le Président_, what expression

has fallen from my lips that was lacking in moderation?”

The Judge.--“Everything that you say.”

M. Labori.--“Pardon me, I do not accept your warning, unless it is made

more precise.”

The Judge.--“I repeat that this incident has now taken up ten minutes.

Develop your motion simply.”

M. Labori.--“If you ask me to be moderate, and ask me in terms that

resemble a warning or a censure, and if you do not tell me why you

inflict this censure upon me” ...

The Judge.--“Will you speak in support of your motion?”

M. Labori.--“But, _Monsieur le Président_, do you hold to what you just

said?”

The Judge.--“I have no account to render to you.”

M. Labori.--“Very well. This observation made, it is agreed that not

one of my words can be reprimanded or blamed, and I continue. Article

319 declares that the witness, no matter how many stripes he may wear,

cannot have the upper hand of the defence. M. de Pellieux is not the

accused party here. If he were, he would have the same right that we

have, and, if he were the complainant against the accused on behalf

of the public, he could take the floor. But he is not. The staff has

said to itself that it has in General de Pellieux a distinguished

orator, and so it sends him here every day to begin the hearing with an

argument against such portions of the demonstrations and evidence of

the day before as seem overwhelming. Well, I say that, if ever Article

319 is to be applied, this is the time for it.”

The court retired for five minutes, and then rendered a decree

refusing the floor to the counsel for the defence for the purpose for

which he asked it, on the ground that it was the duty of the court,

according to Article 270 of the code of criminal examination, to

exclude everything that would needlessly prolong the trial.

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 222 / 282 题