The trial of Emile Zola: containing M. Zola's letter to President Faure relating to the Dreyfus case, and a full report of the fifteen days' proceedings in the Assize Court of the Seine, including testimony of witnesses and speeches of counselZola, Émile
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The trial of Emile Zola: containing M. Zola's letter to President Faure relating to the Dreyfus case, and a full report of the fifteen days' proceedings in the Assize Court of the Seine, including testimony of witnesses and speeches of counsel
Zola, Émile
Dreyfus, Alfred, 1859-1935; Trials (Seditious libel) -- France -- History -- 19th century; Zola, Émile, 1840-1902 -- Trials, litigation, etc.
“The minister of war has taken notice, in his complaint, of the
imputation cast by M. Emile Zola upon the first council of war of
having acquitted Major Esterhazy in obedience to orders. The summons
could not go beyond the terms of the complaint. It is natural that
every complainant should circumscribe the grievances for which he
demands reparation. Otherwise it would be too easy for the accused to
turn the discussion from its proper course, and create a diversion
for the audience, which is the great art in the assize court. A
single question is submitted to you, gentlemen of the jury: _Did the
first council of war act in obedience to orders in acquitting Major
Esterhazy?_ The other imputation contained in M. Zola’s article the
minister of war holds in contempt. Nevertheless the accused assert the
right to discuss all the allegations contained in the article. Their
avowed plan is to make you judges of the legality of the sentence
passed upon Dreyfus. We shall not permit it. I warn them that any
attempt on their part to provoke a sort of indirect revision of the
Dreyfus case would be illegal and futile. No one has a right to
indirectly call in question the thing judged. Our legislation, in its
desire to avoid judicial error, has laid down rules for revision. These
rules were broadened by the law of 1895. This law was passed prior to
the trial of Dreyfus. Why have the accused not availed themselves of
it? Why have they not attempted revision by the legal methods? They
have not done so. They have tried to secure the conviction of a second
officer on account of the crime of which Dreyfus was convicted. They
have failed in their undertaking. Since then no new fact has been
produced; no unknown document of such a nature as to establish the
innocence of the condemned has been revealed to justice. In the absence
of material wherewith to secure a legal revision, they wish--I use the
words of M. Emile Zola--to provoke a revolutionary revision. The court
will not lend itself to this manœuvre. Respect for the thing judged
requires that the discussion be circumscribed to the single matter of
which the minister of war takes notice in his complaint. Therefore no
evidence can be admitted here except such as tends to prove the charges
relating to the pretended iniquity committed in obedience to orders in
1898 by the military judges of Major Esterhazy. Accusations foreign to
this special matter must remain outside of the discussion. I ask, then,
that the accused may not be authorized to attempt proof thereof, either
by documents or by testimony. The charges preferred by them against
the officers, the witnesses, the experts, the members of the council
of war of 1894, which convicted Dreyfus, have no connection with the
defamation of the council of war of 1898.”
To this contention M. Labori made the following reply:
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