The trial of Emile Zola: containing M. Zola's letter to President Faure relating to the Dreyfus case, and a full report of the fifteen days' proceedings in the Assize Court of the Seine, including testimony of witnesses and speeches of counsel

by Émile Zola

But whereas in any case, and making, moreover, concerning this matter, all legal reserves, the accused believe it their duty to establish the following fact: The judge of the assize court, answering M. Labori, who asked for the floor in the terms of Article 319 of the code of criminal examination, and solely to put questions to witnesses; declared that the floor should not be given to him, and that no question should be asked either of General de Boisdeffre or of General de Pellieux;

Whereas the court made this answer before any question had been formulated;

Whereas M. Labori then asked to be allowed to offer a motion, in order to establish this refusal, and to make known to the court the reasons of fact and law by which he intended to obtain the floor immediately in the interest of the defence;

Whereas the judge refused to let M. Labori offer his motion;

Whereas the judge of the assize court undoubtedly has a right to direct the trial and to put questions to witnesses, but whereas, that this right may be exercised in conformity with the law, with equity, and with good sense, it is indispensable that the judge should at least inform himself of the questions to be put;

Whereas the refusal of the court, under the general, rigorous, and absolute conditions in which it was declared, constitutes, from all points of view, and especially after the depositions of General de Pellieux and General de Boisdeffre, which are thus left without answer and with the protection of justice, a manifest violation of the rights of defence;

Whereas by the deposition of General de Boisdeffre the question of confidence in the general staff is now laid before the jury, and the chief of the general staff has indicated that a verdict of acquittal would be followed by the resignation of the general staff;

Whereas the defence thus finds itself confronted with a really abusive intervention of military authority in a matter of justice, and whereas it would be a veritable denial of justice to prevent the accused from disproving the serious charges made against them at this bar with the authorization of the court;

Whereas, in consequence of these facts, the judge summoned the next witness, Major Esterhazy;

Whereas, after having put a question to him upon the refusal of the defence to put questions itself for the reason that it needed time to draw up a motion, the judge invited M. Labori to put questions to Major Esterhazy if he thought it useful to do so, telling him that he must put them then, or that he would not be allowed to put them later;