The Judge.--“The witness has answered that he will say nothing.”
M. Labori.--“It is to you that I speak. I wish to induce you to direct
the trial in a manner that I am about to point out. Do you give me the
floor for that purpose?”
The Judge.--“No.”
M. Labori.--“Very well. It is not the court that is judge, but the
whole country.”
General Gonse was then called, and asked by M. Labori at what date the
hydraulic check was introduced into the service.
General Gonse.--“I am not in charge of the artillery service, and
cannot answer.”
M. Labori.--“Will you permit me to comment upon the testimony of the
witness, to say regarding it that which is indispensable to the truth,
according to Article 319?”
The Judge.--“Ask questions only.”
M. Labori.--“Really, I ask myself if it would not be better to quit
this court-room than to suffer myself to be thus gagged and placed in a
strait-jacket.”
The Judge.--“Come, Monsieur Labori, say serious things.”
M. Labori.--“_Monsieur le Président_, you abuse the right that your
lofty position gives you. You have no right to insult me. Do you
maintain that I do not say serious things here?”
The Judge.--“Ask questions.”
M. Labori.--“It is well. You do not maintain it; I continue. I ask
Colonel Picquart to explain what he meant in his testimony when he
indicated that one of the documents in the secret file applied rather
to Major Esterhazy than to another.”
Colonel Picquart.--“Had there not been mention of this document in the
Ravary report, I would not say a word about it. I say that it applied
rather to Major Esterhazy than to another, because this document need
only be seriously discussed in order to make it plain that it can apply
only to an officer of troops, and not to a staff officer. I could give
my reasons only behind closed doors.”
M. Labori.--“Was not Colonel Picquart appointed chief of the bureau of
information on July 1, 1895?”
Colonel Picquart.--“Yes.”
M. Labori.--“When he entered upon his functions, did not General de
Boisdeffre say to him: ‘Occupy yourself with the Dreyfus case. There is
not much in the file’?”
Colonel Picquart.--“I have not to answer that question, for it relates
to conversations with the chief of staff.”
M. Labori.--“At what date did the witness say to General Gonse: ‘I
shall not carry this secret to the grave’?”
Colonel Picquart.--“I cannot speak of private conversations. I have
seen that statement in a newspaper, and asked myself who could have
given it out.”
M. Labori.--“Did not General de Boisdeffre in September and October,
1896, after the letters of General Gonse, invite Colonel Picquart to
put questions regarding Major Esterhazy?”
Colonel Picquart.--“The obligations of professional secrecy prevent me
from answering.”
M. Labori.--“Was it not then that Colonel Picquart proposed to have
Major Esterhazy arrested for certain matters of indelicacy?”
Colonel Picquart.--“I considered that it would be useful to arrest
Major Esterhazy, and that, if the presumption that he was a spy was
not strong enough, there was enough against him in other directions to
warrant sending him to a fortress. My superiors did not agree with me.”
M. Labori.--“This proposition having been rejected by General de
Boisdeffre, did he not ask Colonel Picquart to formulate another?”
Colonel Picquart.--“I cannot testify in the assize court concerning the
details of my service.”
M. Labori.--“Did not Colonel Picquart then frame another proposition,
which was first accepted, and then rejected because it would lead to
Major Esterhazy’s arrest? Does not that prove that the authenticity of
the dispatch was not disputed?”
Colonel Picquart.--“At that time nobody questioned the authenticity of
the dispatch.”
The stand was then taken by M. Stock, the publisher, who at the time
of the examination in the Esterhazy case had turned over to General de
Pellieux certain letters written by Major Esterhazy to M. Autant, the
architect.
“General de Pellieux undoubtedly took no account of them,” said the
witness, “for neither M. Autant or myself was called before him. At
that time Major Esterhazy said to M. Autant: ‘You must deny having
received these letters; you must deny that I am your tenant; you must
deny any acquaintance with me; and, if questioned about the letters,
you must say that they are forgeries.’ M. Autant refused, saying
that that was contrary to the truth. Moreover, it was childish, for
there were two registered leases, and everybody in the house knew
Major Esterhazy. Later the letters found their way into the hands of
Major Ravary, and M. Autant and I were called before him. He was very
courteous, but my testimony did not seem to please him. He asked me
why the letters had been photographed. I did not know. He said that he
considered it very strange that M. Autant should have given up Major
Esterhazy’s letters without his consent. I found it very curious that
this examining magistrate should tell a witness to ask the opinion of
the accused before deciding what to do.”
M. Labori.--“Does the witness know anything concerning M. Zola’s good
faith?”
M. Stock.--“To me, as to everybody, it is absolutely evident.
Furthermore, I know, through the indiscretion of a member of the
council of war, that not simply one secret document, but several, were
communicated to that body. I can enumerate them.”
The Judge.--“No, it is useless. We have no right to say anything about
the Dreyfus case.”