M. Demange asks the floor.

The Judge.--“In giving the floor to the counsel, I ask him to confine

himself to the question of closed doors, with which alone we are now

concerned.”

The counsel then begins the reading of his motion, in which, after

examining the legal texts permitting the ordering of closed doors, he

declares that, since the legislator had in view no special case, it is

necessary, whenever the question of closing the doors shall be raised,

to inquire into the circumstances of the case, in order to ascertain

whether any of them are of such a nature as to make a public trial

dangerous to good morals or to good order. And he continues thus:

“In fact, from the point of view of the charge here preferred, whereas

the only document” ...

But the judge abruptly stops him, and says in an imperious tone:

“I remind the counsel of my pressing invitation to make no reference

to any document here involved.”

M. Demange.--“I have the floor to read my motion formulating my

opinion regarding closed doors. Under these circumstances, and in my

remarks in support of my motion, I shall divulge no documents, but it

seems to me necessary to point out” ...

The Judge.--“I do not think that it is necessary to point out a

single document. Otherwise, the demand of the representative of the

government would be entirely illusory.”

But M. Demange insists:

“I offer a motion. I ask the council to examine certain documents. I

reveal nothing of the contents of these documents. I confine myself to

my right to specify the facts and circumstances concerning which the

members of the council must be satisfied before deciding to close the

doors. You will see that I shall reveal nothing.”

And he resumes: “Whereas the only document” ...

The Judge.--“I cannot allow you to continue thus. You cannot speak of

the only document.”

M. Brisset, the representative of the government.--“On a question of

closing the doors the defence can offer observations only. It is not

allowed to offer motions.”

M. Demange.--“I had asked to be given a record of the refusal to allow

me to offer a motion.”

The Judge.--“I give you the record. You can offer your observations,

and say what you like, but you must not touch the substance of the

question.”

M. Demange.--“How can I demonstrate that publicity is not dangerous,

if I cannot refer to the material proofs?”

The Judge.--“You have no right to do so.”

M. Demange.--“But the interest of the defence requires me to develop

my motion.”

“Gentlemen, when I read that for the first time, I did not know that I

was reading a phrase of which we should hear an echo in this court-room.

M. Brisset.--“There are other interests at stake in this trial than

those of the defence and of the prosecution. Moreover, the judge has

the file of documents. He will tell these gentlemen of what they

consist.”

M. Demange.--“True, the presiding judge knows these documents, and I

regret that all the members of the council are not familiar with them.

I desire to show that there is no matter of fact here to furnish a

sufficient ground for closed doors.”

The Judge.--“There is a decree of the court of appeals in 1883 which

declares that closed doors may be ordered without consultation of the

accused, if higher interests require it. Therefore I do not wish you

to touch upon the substance of the issue.”

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 268 / 282 题