THIRTEENTH DAY--FEBRUARY 21.

With the opening of the session, Attorney-General Van Cassel began his

summing-up.

_Speech of Attorney-General Van Cassel._

“Gentlemen of the jury, a man well known in letters goes in search of

a militant newspaper, comes to an understanding with it, and publishes

an article which shows either irresponsibility or shamelessness. He

declares that a council of war has rendered a verdict in obedience to

orders. ‘Let them prosecute me in the assize court, if they dare.’

Well, here we are. But where are your proofs, those precise and

irrefutable proofs that the council of war has rendered a verdict in

obedience to orders? During the twelve sessions which you have just

passed through not once has this question, the only one before us, been

posited. But, though you have attempted no proof, you have shrunk from

no violence. How intolerable the situation in which you have placed

the generals whom you have brought to this bar! The attitude of the

insulters has been on a level with the insults. You have drawn upon

yourselves the eloquent reply of General de Boisdeffre, who said to

you: ‘My officers are brave people. They began by submitting without

reply to sustained attacks. If they have been drawn from their silence,

you have only yourselves to blame,--you and the odious provocations of

which you made them the object.’

“The experts in the Esterhazy case worked separately, and arrived by

different methods at identical conclusions. They had the originals

before them. The experts cited by the defence had examined only

doubtful copies,--doubtful as to their origin, doubtful as to their

authenticity. M. Paul Meyer, director of the Ecole des Chartes,

who advises his pupils to study nothing but originals, should have

followed his own teaching. I say nothing of the international experts

that gravitate around M. Bernard Lazare, undertaker of revision. They

are surrounded by too much money and too much mystery to warrant me

in dwelling on their testimony. I attach the same authority to the

declaration of M. Stock, who has declared here that not one, but

numerous secret documents were communicated to the council of war. As

M. Bernard Lazare’s publisher, he has too plain an interest in the

multiplication of documents.

“Alfred Dreyfus alone was in a position to procure the documents

concerning the national defence which are enumerated in the

_bordereau_. General de Pellieux and General Gonse are in a position to

know more about that than anybody else. After what they have told you,

it is impossible to doubt. But I shall say no more about the Dreyfus

case. It would be a violation of the authority of the thing judged.

“Dreyfus belongs to a rich and powerful family, which continues to

keenly feel the deep sorrow of having seen one of its members convicted

of high treason. This campaign has been carefully prepared. It began

in the press before ending in parliamentary incidents and judicial

proceedings.

“Never has the government varied in its declarations. General Billot

has always declared that Dreyfus was legally and justly condemned. The

government did not obstruct the investigation. General de Pellieux’s

examination was an open one, and was conducted freely. Major Ravary

acted with the same independence. The judges who acquitted Major

Esterhazy came to their decision in full liberty of conscience. In

short, the behavior of the government demonstrates its respect for law

and the dignity of justice.

“‘L’Aurore’ accuses it of being influenced by political considerations.

Only this morning that newspaper had the audacity to say that France is

given over to the sabre, that the republic is in danger. General Billot

has already replied to it from the tribune of the chamber. ‘Who dares,’

he asked, ‘to pretend that there is a single officer in the ranks of

the army who contemplates an attack on the republic? There has never

been found but one, and he was forced to take refuge in suicide.’ Such

is the legal attitude of the government, which I contrast with your

revolutionary method. You have done nothing here but open an audacious

discussion on the thing judged. But it is not permissible to relapse

into judicial anarchy. The legal method of revision was open to you.

Why did you not apply to the keeper of the seals?

“What do the ‘intellectual revisionists’ know of the trial of 1894,

that they can pretend that it was irregular? Nothing. The public has

no element of proof, so far as the Dreyfus case is concerned. All

cases of spying are decided behind closed doors. Twenty-seven accused

persons have appeared since 1885 before the police courts, charged with

this abominable crime; four before the councils of war; one before the

assize court. In every case closed doors, for reasons of a superior

order, have been declared. One of the accused was acquitted.

“M. Demange was the first to render homage to the perfect honesty of

the judges of Alfred Dreyfus. The accused appeared, surrounded by all

desirable guarantees. He was protected by his uniform itself. Before

the minister of war will consent to bring one of his officers to trial

for high treason, his guilt must be perfectly clear. So I ask yourself

on what grounds honorable men like M. Scheurer-Kestner and M. Trarieux

can take their stand, to maintain that an irregularity has been

committed. They must have the gift of double sight, which permits them

to look at once into the secret documents belonging to the minister of

war and into those belonging to the Dreyfus family.

“Colonel Picquart obeyed an unfortunate inspiration when he opened

the doors of the war department to his friend Leblois, who had no

business there, and showed him secret documents which he ought never to

have read. In vain does Colonel Picquart try to dispute this illicit

communication. You have heard here the respectful, but firm, denial of

his testimony, given by Adjutant Gribelin, who, General Gonse tells

you, is a model servant. I add that the mysterious telegrams signed

‘Speranza’ and ‘Blanche,’ addressed to Colonel Picquart at Tunis,

could have come only from his own acquaintances. The same signature,

‘Speranza,’ appears in letters sent to him in 1896 and opened at the

war department.

“Major Esterhazy has been the object of two judicial examinations.

They have resulted in nothing. If he appeared before the council of

war, it was on the formal order of General Saussier, who, although

Major Esterhazy’s innocence had been recognized, was desirous

of a public trial because of the notoriety that the matter had

gained. Contrary to the usual practice, only a part of the trial

took place behind closed doors. M. Mathieu Dreyfus was invited to

produce his proofs in public. He did not produce a single one. Nor

did M. Scheurer-Kestner, who also testified in public. Under these

circumstances, what could the representative of the government do?

Public prosecutor and accuser are not always synonymous terms. For

my part, I have many times abandoned accusations that were not

established. And do not claim either that the trial was one-sided. The

council of war listened to persevering and convinced accusers,--Colonel

Picquart and M. Leblois. The acquittal was regular, deliberate, legal,

pronounced unanimously by judges belonging to different branches of the

army, designated according to priority of service, and under no other

obligation than that of their honesty and their conscience.

“As for Major Esterhazy, the letters published, after they were

procured by indirect and censurable methods, and perhaps tampered with,

created a deplorable atmosphere about him. It is not fitting that I

should dwell upon that matter here, after the examination undergone

at this bar by a patient mute, who broke his silence only to cry his

suffering, while they tortured him with questions as if applying

red-hot irons to living flesh. The victim had been judiciously chosen

as a substitute for the condemned man of 1894.

“It is not true, as certain newspapers have declared, that after the

acquittal Major Esterhazy was the object of a manifestation on the part

of the members of the council of war. This is proved by the following

letter, which General de Luxer has just addressed to General Billot.

_M. le Ministre_:

Several newspapers have said that the members of the council of war,

after the session, surrounded Major Esterhazy, shook hands with him,

and congratulated him. I have the honor to report to you that no such

manifestation occurred. According to the provisions of the law, the

verdict was rendered in the absence of the accused, and was read to

him afterward by the clerk, before the assembled guard, in the absence

of the members of the council. The judges of the council of war have

all told me that they did not see Major Esterhazy afterward, either

in the court-room, or out of it, or in the street. Be good enough to

accept, etc.

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 264 / 282 题