The Judge.—“We will hear this witness presently, if there is occasion.”
The court then declared a recess. An hour and a half later the court came in again, whereupon M. Labori read the following motion:
May it please the court,
Whereas, after the deposition of General de Boisdeffre, M. Labori asked the floor in order to put several questions to the witness;
Whereas the incident in question was raised spontaneously during yesterday’s session by General de Pellieux, who invoked, as a so-called proof against Dreyfus, and consequently as a so-called decisive defence of Major Esterhazy, two documents without any appearance of value or authenticity;
Whereas, without having to touch any point concerning the national defence, the accused have a right to put to the witnesses in a general way questions relative to their depositions, and of such a nature as to aid in bringing out the truth;
Whereas the accused cannot be forbidden, without outrageously violating the rights of defence, to ask questions concerning the manner in which General de Pellieux was made acquainted with these documents, the conditions under which they were shown to him, in order to find out whether they have been examined by experts, etc.;
Whereas it cannot be pretended that General de Pellieux made a declaration so spontaneous that it was impossible to stop him;
Whereas in fact, General de Boisdeffre, whose deposition had been announced in advance, has been called to the bar, after a day’s reflection, with the consent of the court and with full knowledge of the circumstances, in order to confirm the declaration of General de Pellieux;
Whereas there is no occasion here to inquire into the value, from the standpoint of equity and right, of judicial processes which consist in calling, or allowing to come daily, to the bar generals who testify free of all control, and without prevention of any sort, concerning matters which it pleases them to approach, invoking or violating closed doors or professional secrecy at their convenience;