The Judge.—“Well, we will pass on the motion during the recess. Next witness.”
M. Auguste Molinier is ushered in.
The Judge.—“What is the question, M. Labori?”
M. Labori.—“I am drawing up a motion, and I consider it absolutely indispensable that the deposition of M. Meyer and the incidents to which it has given rise should be finished before the next witness testifies.”
The Judge.—“But ask your question now. It is useless to waste our time.”
M. Labori.—“Pardon me, Monsieur le Président, we must hear first MM. Couard, Belhomme, and Varinard. It is indispensable to the truth, and I insist that my motion shall be formally denied before the next witness testifies. I consider it indispensable from the standpoint of the defence.”
M. Labori then offered a motion that the court formally acknowledge its refusal to put to the Esterhazy experts a question that had not been framed, and order that these experts be heard regarding the interviews with them.
The court retired, and, returning five minutes later, rendered a decree refusing to order that the witnesses be heard, on the ground that they could plead professional secrecy, and that their testimony would only prolong the trial without useful results.
“Now,” said the judge, “the principle is laid down. Every time that you insist, the same decree will be rendered. Let that be understood.”
M. Labori.—“Then it is a standing decree?”