M. Labori.—“But, Monsieur le Président, do you hold to what you just said?”
The Judge.—“I have no account to render to you.”
M. Labori.—“Very well. This observation made, it is agreed that not one of my words can be reprimanded or blamed, and I continue. Article 319 declares that the witness, no matter how many stripes he may wear, cannot have the upper hand of the defence. M. de Pellieux is not the accused party here. If he were, he would have the same right that we have, and, if he were the complainant against the accused on behalf of the public, he could take the floor. But he is not. The staff has said to itself that it has in General de Pellieux a distinguished orator, and so it sends him here every day to begin the hearing with an argument against such portions of the demonstrations and evidence of the day before as seem overwhelming. Well, I say that, if ever Article 319 is to be applied, this is the time for it.”
The court retired for five minutes, and then rendered a decree refusing the floor to the counsel for the defence for the purpose for which he asked it, on the ground that it was the duty of the court, according to Article 270 of the code of criminal examination, to exclude everything that would needlessly prolong the trial.
M. Labori.—“I ask that Colonel Picquart be heard.”
The Judge.—“He is not here.”
M. Labori.—“I know it, but his place is here. I ask that he be sent for, and confronted with General de Pellieux.”
The Judge.—“He will come when he is free.”
M. Labori.—“Yes, at five o’clock tonight, when the hearing is over.”
The Judge.—“We will send for him soon.”