The Judge.—“Here is a letter from M. Gibert, cited as a witness by M. Zola. ‘I have left Havre, and have retired to.... In view of the gravity of my condition, it is impossible for me to come to testify in person, and I have just sent what I have to say to M. Labori.’”
M. Labori.—“I have not yet received it.”
The Judge.—“Then you make a reservation?”
M. Labori.—“Yes.”
The Judge.—“Here is a letter from M. Casimir-Perier, in which he says: ‘I am unable to enlighten justice on any matter that has occurred since my resignation of the presidency of the republic. I add that, if I were questioned concerning matters which occurred when I held the presidency, personal responsibilities would impose silence upon me. Out of deference for the court, I am ready to appear before it, if it deems it necessary that I repeat this declaration verbally.’”
M. Labori.—“I make a reservation in regard to M. Casimir-Perier.”
The Judge.—“Here is a letter from Lieutenant-Colonel du Paty de Clam. He says: ‘In the Dreyfus case I performed the functions of an officer of judicial police. My only part in the Esterhazy trial was to testify behind closed doors, and in the matter of this testimony I am bound to professional secrecy. Under these circumstances I have the honor to pray you to excuse me from appearing in court, where I should be unable to furnish any information concerning the matters mentioned in the summons.’”
M. Labori.—“M. Zola and M. Perrenx deem Lieutenant-Colonel du Paty de Clam a witness of the highest importance, not only in matters relating to the Dreyfus trial, but in matters relating to the Esterhazy trial. Furthermore, the testimony of Lieutenant-Colonel du Paty de Clam is necessary, because it bears upon the good faith of the accused, for, if certain information that has come to M. Zola, and the production of which he will call for before this court, is to be believed, Lieutenant-Colonel du Paty de Clam has been mixed up in matters which concerned Lieutenant-Colonel Picquart, certain of which are very curious. Furthermore, a complaint has been lodged against Lieutenant-Colonel du Paty de Clam, the consideration of which has been entrusted to Examining Magistrate Bertulus. For all these reasons the testimony of Lieutenant-Colonel du Paty de Clam is indispensable. We cannot produce here certain evidence that concerns him, unless he is called to explain himself in person. And under these circumstances I believe it my duty to make formal motion that all legal means be employed to make Lieutenant-Colonel du Paty de Clam come here and testify concerning his relations with the de Comminges family, concerning the scene with the mysterious lady in 1892, and concerning the telegrams signed ‘Speranza’ and ‘Blanche,’ addressed to Lieutenant-Colonel Picquart at Tunis.”
The Attorney-General.—“M. du Paty de Clam declares in his letter, like all the members of the council of war, the hearing of whom has been abandoned because it was evident that it could not be exacted, that professional secrecy prevents him from giving any information whatever. Consequently there is no reason for rejecting his excuse. But M. Labori points out that Lieutenant-Colonel du Paty de Clam was interested as a witness in an examination not yet finished, but opened on the complaint of Lieutenant-Colonel Picquart. The reply to this is manifest and direct. There can be no confusion here between M. Zola and the gérant of ‘L’Aurore’ on the one hand, and Colonel Picquart on the other. The latter has lodged a complaint which is being regularly examined, and it is for him alone to intervene if he sees fit. But his proceeding is the proceeding of a third party, so far as these defendants are concerned. From no point of view, then, do the arguments that have just been presented seem to me well founded.”
M. Labori.—“Will the court permit me to indicate the matters concerning which M. Zola desires to hear Lieutenant-Colonel du Paty de Clam, and the connection between them and the verdict of January 11? In 1892 Lieutenant-Colonel du Paty de Clam, who had not then risen to his present office, was in very close relations with the de Comminges family, whose society Lieutenant-Colonel Picquart also frequented. Mlle. Blanche de Comminges and her brother, Captain de Comminges, have been summoned here as witnesses.”