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.”