Second Day—February 8.
The second day’s hearing began at half past twelve with the announcement of the court that, before proceeding to the hearing of the witnesses, there were new excuses to be read. The first was from Major Esterhazy, who wrote as follows:
I have been accused by M. Mathieu Dreyfus of the crime of high treason, and my judges have acquitted me by a unanimous decree of the council of war. Today I receive, at the instance of a simple individual, M. Emile Zola, a summons to appear as a witness in his trial in the assize court. It is plain, on the other hand, that in this trial the object of M. Zola is at the same time to revise by a revolutionary method the decree of acquittal rendered in my favor, and to sully, by representing them as criminals, the judges whom I respect. Such is the work in which M. Emile Zola invites me to participate. Under such circumstances I consider that I am not obliged to respond to M. Zola’s summons.
M. Labori.—“Major Esterhazy was present yesterday. It does not become me to inquire what suggestions he obeys today. I have not consulted M. Emile Zola, but I can say this for myself: it was a feeling of high discretion that led us to summon Major Esterhazy. He will not be here as an accused person, since he has been acquitted, and we consider his case a thing judged. But we have a right to the testimony of Major Esterhazy for the purpose of proving M. Zola’s good faith. Major Esterhazy refuses. So be it. I do not insist. We will discuss his rôle without him.”
M. Albert Clemenceau.—“Pardon me. For my part, I do not give up his testimony. I have some questions to put to Major Esterhazy in the name of the gérant of ‘L’Aurore.’ I demand that he be summoned again, and, if need be, forced to come.”
The next letter was from a widow Chapelon, who declared herself afflicted with influenza.
M. Albert Clemenceau.—“Mme. Chapelon appeared at the office of ‘L’Aurore’ a week ago; it was after she had been notified. She asked that her name be struck from the list of witnesses. She was asked why. She replied that she was soliciting for her son a scholarship at Chaptal, and that, if she were to testify, they would not give it to her. M. Perrenx informed her that this was not a good reason, and that she was required to come to the assize court and tell the truth. She went away, slamming the doors, and saying: ‘If you force me to come, I will tell the opposite of the truth.’ I insist that this witness shall come, and I demand that, as in the case of Major Esterhazy, she be brought to court after a second summons.”
The Judge.—“There is a doctor’s certificate.”
M. Clemenceau.—“I ask that an expert physician be sent to her. The one who is to see Mme. de Boulancy can see her too.”
The court then rendered its decision on the motions of the day before, ordering that Dr. Socquet be sent to examine Mme. de Boulancy, Mlle. Blanche de Comminges, M. Autant, and the widow Chapelon, and that a second summons be served upon Captain Lebrun-Renault, Lieutenant-Colonel du Paty de Clam, Major d’Ormescheville, Major Ravary, General Mercier, MM. Patron, Vallecalle, Maurel, Eichmann, General de Boisdeffre, and Major Esterhazy, directing them to appear on February 9.