Whereas, after this declaration, and in spite of the protests of the defence, the witness, Major Esterhazy, was sent back to his seat, and another witness was called;
Whereas it was only because no witness appeared at the bar that the judge found himself under the necessity of declaring a recess, and that the defence has had an opportunity of drawing up its motion;
Whereas all these facts have done serious injury to the rights of the defence, the free exercise of which it is the business of the court to insure;
For these reasons,
To give the movers the benefit of record of the facts announced as the reasons for the present motion;
To order that Generals de Pellieux and de Boisdeffre shall be recalled to the bar, there to be examined on all questions that may be formulated by the defence and thereafter put by the court;
To declare that the trial shall then go on according to the regular forms prescribed by law, under all reserves, notably under that of recalling to the bar Major Esterhazy when there shall be occasion;
And that will be justice.
Paris, February 18, 1898.
The Attorney-General.—“I have but a single observation to make,—namely, to recall my declaration of the opening day that the law is absolutely opposed to any attempt at revision in the assize court. I asked the court to exclude from the trial the Dreyfus file and the Esterhazy file. I foresaw all that is taking place here. It is because we have allowed ourselves to be drawn upon the ground which the defence had chosen and prepared that all this has occurred. Under these circumstances I have only to remain on the ground where I first placed myself, and on that ground I call for an open debate, but only on that ground.”