The witness was then allowed to step down, and the court adjourned for the day.
Third Day—February 9.
The third day’s proceedings began with a statement of the judge that, in refusing to hear Mme. Dreyfus the day before, concerning M. Zola’s good faith, he had supposed that the question to be put to her concerned M. Zola’s good faith in the matter of the Dreyfus case. Therefore the court desired the defence to specify whether the question concerned M. Zola’s good faith in the matter of the Dreyfus case, or his good faith in the matter of the Esterhazy case.
M. Labori.—“I do not understand. M. Zola has committed an act which is considered criminal. We maintain that it is an act of good faith, and we ask the witness what she thinks of M. Zola’s good faith. As to the Dreyfus case and the Esterhazy case, they are connected only indirectly with the Zola case.”
The Judge.—“There is no Zola case. I can question Mme. Dreyfus on the good faith of M. Zola only so far as the Esterhazy case is concerned.”
M. Labori.—“The court will act according to its understanding. It is the sovereign judge. But we are the sovereign judges in the matter of the questions that we wish to put, and to us the question of good faith is indivisible. A man who commits an act commits it either in good or in bad faith, and we have not to inquire whether his faith is good concerning this point or that point. I do not know what Mme. Dreyfus will answer, but I ask that she be questioned in a general way as to the good faith of M. Zola in writing his letter.”
The Judge.—“There must be no confusion here, no arriving by indirect methods at that which the decree of the court has forbidden.”
M. Labori.—“I allow no one to say that I pursue indirect methods. I have neither the face or the attitude or the voice of a man who does things indirectly, and, if there are any indirect methods used here, I leave the entire responsibility—I do not say to the attorney-general—but to the complainant, the minister of war. I insist that the question shall be put as I framed it, and, if the court refuses, I shall offer a motion.”
The Judge.—“I will question Mme. Dreyfus concerning only the second council of war that tried the Esterhazy case.”
M. Clemenceau.—“I am informed that witnesses are present in the court-room, though the trial is now in progress. It seems that General de Boisdeffre, General Mercier” ...