M. Labori.—“What is the source of the communications made to certain newspapers, seeming to come from the war offices?”
General de Boisdeffre.—“To my knowledge, they do not emanate from the war offices.”
M. Labori.—“Has General de Boisdeffre investigated the matter?”
General de Boisdeffre.—“I have made an investigation, and questioned the officers.”
The Judge.—“And you are certain that these communications do not emanate from them?”
General de Boisdeffre.—“I take their word. There is only one case,—a communication from Major Pauffin de Saint-Moret to M. Rochefort. That communication was made by this officer’s initiative. For it I punished him with thirty days’ confinement, and by suppressing his application for the cross of the legion of honor. It will be seen, then, that he is very far from the fifth stripe which, it has been said, he was on the point of obtaining. He yielded to an impulse of his heart, but he is an excellent officer and a very worthy fellow.”
M. Clemenceau.—“It results from the testimony of the witness that the liberating document is a secret document which was at the war department. It was stolen from the war department by some unknown person and given to a veiled lady. This veiled lady carried it about Paris, and one evening gave it to Major Esterhazy. He brought it back to the chief of staff, and the importance of the document is such that the chief of staff, when asked concerning its nature, says: ‘I consider that here my professional secrecy is one with the secret of State.’ Upon which I observe, gentlemen of the jury, that secrets of State are ill-kept at the war department. And that is simply what I wished to say.”
General de Boisdeffre.—“My staff officers, several of whom have been so violently attacked, are worthy people who do their whole duty. They have at heart nothing but the interest of the country.”
M. Clemenceau.—“I have never attacked the staff officers. They are very honest, and I am persuaded that they do not take documents. I desire simply to note a fact, and against a fact there is no possible struggle. I note it again. A secret document has been taken from the war department and carried about by Major Esterhazy and by a veiled lady. That is what I said; nothing more, nothing less.”
M. Labori then offered a formal motion that, whereas professional secrecy can be invoked only by those who have received a confidence in some sense forced and constrained, and who have received it in a professional capacity, the court rule that General de Boisdeffre cannot be relieved of the duty of answering the questions put to him, on the ground of professional secrecy.