M. Labori.—“Agreed, Monsieur le Président. Let us note the reply already made by General Mercier, and let us note that the court would not put the question, if General Mercier had not answered spontaneously. M. Zola is prosecuted for three paragraphs, in one of which he accuses the second council of war of having covered an illegality in obedience to orders. I say that we are entitled to prove this illegality, unless the prosecution will admit that it has been committed.”
The Judge.—“I point out to you that we are not a court of revision, but an assize court.”
M. Labori.—“I answer: If in 1894 they had boasted, as they have boasted since, of having communicated a secret document, then that fact could have been used to secure a revision. But this fact was not then known. It is only since then that it has been openly repeated. General Mercier himself will not say that this is not true, but he will say that he cannot answer.”
General Mercier.—“Pardon me, I say that that is not true.”
M. Labori.—“Does General Mercier say that it is not true that a secret document was communicated, or does he say that he has not repeated the fact to anyone whomsoever? I ask him to leave no ambiguity in his reply.”
General Mercier.—“I have not to answer the first question, but, as to the second, I say that it is not true.”
M. Labori.—“I desire to say to General Mercier that, whatever I may have to express in my summing-up, I have absolute confidence in his word.”
General Mercier.—“I thank you.”
M. Labori.—“If General Mercier were to say here a word contrary to my thought on a point as serious as that of which we have been speaking, I should be filled with frightful anguish, because I should no longer understand anything of what I have seen going on for months; and so I shall keep silent, because I am confronted with a soldier whose tact I may pass upon in my argument, but whose honesty I respect.”
The Judge.—“Have you anything to add, General?”