The Judge.—“The law requires that witnesses shall testify without the aid of any document. However, if the attorney-general is not opposed to it, I shall not oppose it.”
The Attorney-General.—“General Gonse and Lieutenant-Colonel Picquart have been summoned. They will testify concerning the letters, if they see fit.”
M. Labori.—“I suggest that M. Scheurer-Kestner be authorized to hand the letters to the court.”
The Attorney-General.—“It is not possible. The government should have been notified of them at the proper time.”
M. Labori.—“M. Zola could not do so, as he did not then have the letters in his possession; but he called upon the attorney-general, as the representative of the complainant, to put these letters in evidence, thereby complying as far as possible with Article 52 of the law of 1881; therefore I have the honor to offer a motion” ...
The Judge.—“Oh!”
M. Labori.—“Oh! Monsieur le Président, if you knew how much pain it gives me, as a man of the world, to thus make you suffer.”
The Judge.—“Permit me to tell you, before you offer your motion, that it is impossible. Article 52 of the law concerning the press does not permit the production of documents not previously announced.”
M. Albert Clemenceau.—“The law obliges us to announce documents. We ought to have announced the letters of General Gonse. Why did we not do so? It is well that the jurors should know. We did not do so, because these letters have already been produced at one hearing,—the hearing of the council of war,—and under the following circumstances. Colonel Picquart was asked: ‘Have you General Gonse’s letters?’ He answered: ‘They are in my pocket.’ The president of the council of war then asked: ‘Will you give them to me?’ Colonel Picquart handed him the letters. The president of the council of war took them and placed them with the documents of the case, without having them read. So that, in order to conform to the law, we had to give notice of letters which had been confiscated, as it were, by a president of the council of war,—letters which were not at our disposal, and which only the attorney-general could produce.”
The Judge.—“Offer your motion. But, after all, if M. Schemer-Kestner, instead of reading them, wishes to say what they contain, he may do so.”