M. Labori.—“I accept no observations which imply that I desire to reach an end by indirect means.”
The Judge.—“You know the summons; you know the court’s decree. Let us not go outside of that.”
M. Labori.—“I do not go outside of it. And let me tell you, Monsieur le Président, since you blame me personally here, that I am convinced that, if you came here desirous of the light, but not knowing the light, knowing nothing of this affair, you would not know what I expect of this man; and therefore, when you refuse to put the question that I have just asked you to put, I say that you foresee the reply that would be made; I say that you make this a tendency trial, and I do not accept it.”
The Judge.—“I repeat that I will put only such questions as concern the Esterhazy case, and none that concern the Dreyfus case.”
M. Labori.—“I make no reference to the Dreyfus case. Here we come to the culminating point of this trial. Monsieur le Président, I ask your permission to offer a motion, in order to secure a decision from the court regarding the putting of the question which I ask the court to put.”
M. Clemenceau.—“I think it important to give due weight to this fact,—that, a witness being on the stand, the defence rises and says: ‘We maintain that this witness knows from the lips of a member of the council of war that a secret document was communicated,’ and that, confronted with this affirmation, upon which we insist, the court declares that the question shall not be put. We make the jury judge. Let the witness contradict us with a word. Monsieur le Président will not have time to stop him.”
The Judge.—“Monsieur, do not answer.”
M. Clemenceau then offered his motion in legal form, and the court at once rendered a decree sustaining the president, and refusing to put the question, whereupon the court adjourned for the day.
Fifth Day—February 11.
At the beginning of the session the judge recalled General de Pellieux to the stand.