General Mercier.—“I read in a newspaper at that time—I believe it was ‘L’Eclair’—the communication of pretended documents. I absolutely do not know whence this information came. At any rate, I had nothing to do with it.”

M. Labori.—“General Mercier had then ceased to be minister of war, so I cannot ask him if an inquiry was instituted. I would have asked General Billot, if he had come. But can General Mercier tell us whether in 1894 he made an inquiry in regard to the indiscretions committed for the benefit of certain newspapers, notably ‘La Libre Parole’ and ‘L’Eclair’?”

General Mercier.—“What was the date of the indiscretion to which you refer?”

M. Labori.—“The arrest of Captain Dreyfus was announced in ‘La Libre Parole’ of October 29, then in ‘L’Eclair’ on October 30 and 31. Then ‘La Libre Parole’ printed an article, declaring that, other newspapers, and notably ‘L’Eclair,’ having spoken, there was no further reason for keeping back the truth; and so this newspaper told a long story. Many of its statements having been shown to be true, I desire to know whether the minister of war made an investigation as to the manner in which these newspapers became possessed of them.”

General Mercier.—“I made no inquiry. These publications were made outside of the war department, and, if you ask my opinion, they were made against the wishes of the war department.”

M. Labori.—“Could General Mercier tell me to whom he attributes the publication?”

General Mercier.—“On October 29, 1894, Dreyfus had already been arrested and imprisoned. Consequently his family might know many things, and, since you ask me my opinion, though it is based on no proof, I believe that the information then given to the newspapers could have come from the Dreyfus family.”

M. Labori.—“I asked General Mercier just now if a secret document was communicated to the council of war in 1894.”

M. Clemenceau.—“The question was put by the court, and the answer was made that there was a decree of the court that prevented General Mercier from speaking. Consequently, if General Mercier had not been moved by these legal scruples, he would have spoken.”

The Judge.—“But I should have stopped him. We are not a court of revision, but an assize court. Remember that.”