M. Clemenceau.—“It is the court that is conducting this trial.”
General de Pellieux.—“I ask permission to say a word of the way in which the case was presented before the council of war. The council of war, I may also say, did not have to judge an accused person. In military justice such a thing is possible. I mean that it did not have to judge a person formally accused. In Major Esterhazy’s case the reporter and the government commissioner had recommended an order that there was no ground for prosecution. Consequently he appeared before the council of war equipped with this recommendation. The governor of Paris, General Saussier, my regretted chief, who has been my main stay throughout this affair, and who is as familiar with it as I am (perhaps we are the only two persons thoroughly familiar with it), did not wish to issue the order recommended. In this he differed from many authorities superior to his own. He desired the case to be carried through to the end. It was his wish that Major Esterhazy should be judged by his peers, by military justice, and he gave the order that he be put on trial. He gave it in order that both sides might be heard. I regretted that this trial was not public. I asked that it might be, but the government demanded closed doors. The best proof that the council of war was independent is that it refused closed doors, judging that it was for the public interest that light should be thrown upon the matter, at least partially, even though it were not possible to discuss the entire case in the open day. Can it be said that a council of war which, against the advice of the government, did not declare the doors closed was criminal? This council was made up of seven brave officers who have shed their blood on the field of battle while others were I know not where.”
M. Zola.—“There are different ways of serving France.”
The Judge.—“Oh! no phrases. You can only ask questions. What questions do you wish to put to the general?”
M. Zola.—“I ask General de Pellieux if he does not think that there are different ways of serving France. One may serve it by the sword and by the pen. General de Pellieux has undoubtedly won great victories; I have won mine. By my works the French language has been spread through the world. I have my victories. I leave to posterity the name of General de Pellieux and that of Emile Zola. It will choose.”
General de Pellieux.—“Monsieur le Président, I will not answer.”
M. Labori.—“Did not M. Leblois hand to General de Pellieux, in the name of M. Scheurer-Kestner, two letters from Major Esterhazy, and a dispatch written in characters similar to those used in printing, which bore these words: ‘Picquart is a rascal?’”
General de Pellieux.—“Those documents are on file with the other documents pertaining to the investigation.”
M. Labori.—“It is unfortunate that we cannot obtain these documents. Did not this dispatch show an astonishing resemblance to the dispatch that Major Esterhazy pretends to have received from the veiled lady?”
General de Pellieux.—“These two telegrams resemble each other as all documents written in the characters of print resemble each other.”