One of the great difficulties in the task of the examining magistrate
in securing really relevant and really useful evidence in a crime
of this kind, is the French insistence on the need of and the right
to professional secrecy. As I have pointed out in another chapter,
while professional secrecy is in some cases a necessity, it is often
distinctly antagonistic to the search for the truth. It is not
unlikely that there might never have been any Caillaux drama at all
if professional secrecy had not been invoked on another occasion.
During Monsieur Boucard’s examination he was informed by two members
of Parliament that each of them had been told that Monsieur Calmette
had been in possession of the letters, the publication of which Madame
Caillaux feared so much. The examining magistrate very naturally wanted
to know who had supplied this information, and very naturally wanted to
question the informant. One of the two honourable deputies had given
his word of honour as a lawyer, the other had given his word of honour
pure and simple not to disclose the source of his information, with the
result that their evidence is no evidence at all, and that on the
other hand even if it be valueless the public and everybody interested
has been led to believe that there may be a good deal in it. But what
impresses the impartial observer more than anything else in connexion
with the preliminaries for a criminal trial in France is their
unfairness—the unfairness of the system—to the person who is to be
tried. For instance, after Monsieur Calmette’s death, the report of the
autopsy made by the two medical officers of health usually charged with
this duty, Doctor Socquet and Doctor Charles Paul, was handed by them
to the examining magistrate and was, immediately afterwards, published
_in extenso_ in the public press. The examining magistrate had also
received the evidence of the armourer, Monsieur Gastinne-Renette, and
his employees on Madame Caillaux’s visit to the shooting gallery, and
her trial of the revolver she bought there. An enterprising newspaper
secured a figure from the shooting gallery, marked it with the trial
shots as Madame Caillaux had shot them, and published this picture
opposite another one representing Monsieur Calmette, which was marked
with the wounds inflicted according to the autopsy. Does it not
seem an unheard of and unallowable crime against common sense and
common decency that the public should be offered such evidence of
premeditation by a newspaper while the case is still unheard?
Public-domain text, read in full here on John Shaqi.
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