M. Clemenceau.—“The expert just said that the physician of Mlle. de Comminges told him a certain thing.”
Dr. Socquet.—“That was in his certificate.”
These preliminaries over, the witness-stand was taken by General de Boisdeffre.
Testimony of General de Boisdeffre.
M. Labori.—“Will General de Boisdeffre tell us first what the document was that Major Esterhazy brought to the minister of war some time before his appearance before the council of war?”
General de Boisdeffre.—“That document relates to the Dreyfus case; consequently I cannot speak of it without violating the decree of the court and my professional secrecy.”
M. Labori.—“I am glad to learn that it relates to the Dreyfus case, but Major Esterhazy made use of it as a means of defence, and described it by an interesting phrase which General de Boisdeffre no doubt has heard,—‘the liberating document.’ Moreover, the minister of war gave Major Esterhazy a receipt for it; therefore it concerns exclusively the case of Major Esterhazy. So I ask General de Boisdeffre what the liberating document is.”
General de Boisdeffre.—“Professional secrecy does not permit me to answer.”
M. Labori.—“Professional secrecy can be invoked only by persons capable of receiving confidences because of their profession. Where there is no profession that involves such confidences, there is no secrecy. General de Boisdeffre has received no confidences, and, if he has, we do not ask him to betray them. As chief of staff of the army, he has acted as an official, and, if he invokes any secrecy, it can be only that which seems to have been devised in many respects especially for the necessities of this case, and which is called the secret of State. When the secret of State is invoked by a government, we are at liberty to ask if there is a reason to recognize it. That question will arise when the members of the Dupuy cabinet shall come to the stand. When it is invoked by a former president of the republic, we bow with deference, because the president of the republic is irresponsible. But General de Boisdeffre is a responsible official. Respect for the army is never shown to a person, but to a symbol or an ideal, and it is based on the confidence that we have in those who represent it, and on their ability to answer at any moment for all their acts before the justice of the country, represented here by twelve jurors who are France, and to whom everybody owes explanations. General de Boisdeffre is in the presence of justice. He can escape by no appeal to secrecy. Therefore I ask the court to put my question again.”
General de Boisdeffre.—“I have the profoundest respect for the justice of my country. Perhaps I do not know how to make the legal distinctions that have just been pointed out, but I consider the secret of State a professional secret. That is my reply.”