M. Demange.—“No, Monsieur le Président: I have a right to say that in every case there are moral and material elements. Here I must put them in evidence. I say that the moral elements, like the previous conduct of the accused and his motives, cannot concern order.”
The Judge.—“You are now making an argument.”
M. Demange.—“So far as the material elements are concerned, order is not endangered, if I ask the counsel to refer to the documents which I simply indicate. The report contains the official record of the document” ...
The Judge.—“There I stop you. Otherwise the demand for the closing of the doors becomes illusory.”
M. Brisset.—“These are the tactics of the defence.”
The Judge.—“In view of the demand of the defence, the council will retire for deliberation.”
M. Demange.—“One word more. If we ask publicity, let it be well understood that we do not do so from any belief that your decision will be governed by publicity. We know that you will decide according to your conscience, and that your impartiality will not be affected by a closing of the doors. But no one will contradict me, if I declare that for the last seven weeks the honor of an officer of the French army has been exposed to all sorts of rumors.”
At these words the presiding judge rises abruptly and says:
“By virtue of my discretionary power, I order that the council now retire.”
M. Demange.—“I ask a record of the interruption to which my remarks are thus subjected.”