Classic Mystery Collection - Illustrated - Crime, Suspense, Detective fiction. (100+ works) including The Complete Collection of Sherlock Holmes, ... Agatha Christie, Sax Rohmer & more (mobi), page 32
"Michu's double was not aware of this circumstance, or he would have provided for it," said Monsieur de Grandville, looking at the jury. "Neither has the prosecution shown what horses our clients rode."
He ridiculed the testimony of Violette so far as it concerned a recognition of the horses, seen from a long distance, from behind, and after dusk. Still, in spite of all his efforts, the body of the evidence was against Michu; and the prosecutor, judge, jury, and audience were impressed with a feeling (as the lawyers for the defence had foreseen) that the guilt of the servant carried with it that of the masters. So the vital interest centred on all that concerned Michu. His bearing was noble. He showed in his answers the sagacity with which nature had endowed him; and the public, seeing him on his mettle, recognized his superiority. And yet, strange to say, the more they understood him the more certainty they felt that he was the instigator of the outrage.
The witnesses for the defence, always less important in the eyes of a jury and of the law than the witnesses for the prosecution, seemed to testify as in duty bound, and were listened to with that allowance. In the first place neither Marthe, nor Monsieur and Madame d'Hauteserre took the oath. Catherine and the Durieus, in their capacity as servants, did not take it. Monsieur d'Hauteserre stated that he had ordered Michu to replace and mend the stone post which had been thrown down. The deposition of the experts sent to examine the fence, which was now read, confirmed his testimony; but they helped the prosecution by declaring they could not fix the exact time at which the repairs had been made; it might have been several weeks or no more than twenty days.
The appearance of Mademoiselle de Cinq-Cygne excited the liveliest curiosity; but the sight of her cousins in the prisoners' dock after three weeks' separation affected her so much that her emotions gave the audience an impression of guilt. She felt an overwhelming desire to stand beside the twins, and was obliged, as she afterwards admitted, to use all her strength to repress the longing that came into her mind to kill the prosecutor so as to stand in the eyes of the world as a criminal beside them. She testified, with simplicity, that riding from Cinq-Cygne and seeing smoke in the park of Gondreville, she had supposed there was a fire; at first she thought they were burning weeds or brush; "but later," she added, "I observed a circumstance which I offer to the attention of the Court. I found in the frogging of my habit and in the folds of my collar small fragments of what appeared to be burned paper which were floating in the air."
"Was there much smoke?" asked Bordin.
"Yes," replied Mademoiselle de Cinq-Cygne, "I feared a conflagration."
"This is enough to change the whole inquiry," remarked Bordin. "I request the Court to order an immediate examination of that region of the park where the fire occurred."
The president ordered the inquiry.
Grevin, recalled by the defence and questioned on this circumstance, declared he knew nothing about it. But Bordin and he exchanged looks which mutually enlightened them.
"The gist of the case is there," thought the old notary.
"They've laid their finger on it," thought the notary.
But each shrewd head considered the following up of this point useless. Bordin reflected that Grevin would be silent as the grave; and Grevin congratulated himself that every sign of the fire had been effaced.
To settle this point, which seemed a mere accessory to the trial and somewhat puerile (but which is really essential in the justification which history owes to these young men), the experts and Pigoult, who were despatched by the president to examine the park, reported that they could find no traces of a bonfire.
Bordin summoned two laborers, who testified to having dug over, under the direction of the forester, a tract of ground in the park where the grass had been burned; but they declared they had not observed the nature of the ashes they had buried.
The forester, recalled by the defence, said he had received from the senator himself, as he was passing the chateau of Gondreville on his way to the masquerade at Arcis, an order to dig over that particular piece of ground which the senator had remarked as needing it.
"Had papers, or herbage been burned there?"
"I could not say. I saw nothing that made me think that papers had been burned there," replied the forester.
"At any rate," said Bordin, "if, as it appears, a fire was kindled on that piece of ground some one brought to the spot whatever was burned there."
The testimony of the abbe and that of Mademoiselle Goujet made a favorable impression. They said that as they left the church after vespers and were walking towards home, they met the four gentlemen and Michu leaving the chateau on horseback and making their way to the forest. The character, position, and known uprightness of the Abbe Goujet gave weight to his words.
The summing up of the public prosecutor, who felt sure of obtaining a verdict, was in the nature of all such speeches. The prisoners were the incorrigible enemies of France, her institutions and laws. They thirsted for tumult and conspiracy. Though they had belonged to the army of Conde and had shared in the late attempts against the life of the Emperor, that magnanimous sovereign had erased their names from the list of _emigres_. This was the return they made for his clemency! In short, all the oratorical declamations of the Bourbons against the Bonapartists, which in our day are repeated against the republicans and the legitimists by the Younger Branch, flourished in the speech. These trite commonplaces, which might have some meaning under a fixed government, seem farcical in the mouth of administrators of all epochs and opinions. A saying of the troublous times of yore is still applicable: "The label is changed, but the wine is the same as ever." The public prosecutor, one of the most distinguished legal men under the Empire, attributed the crime to a fixed determination on the part of returned _emigres_ to protest against the sale of their estates. He made the audience shudder at the probable condition of the senator; then he massed together proofs, half-proofs, and probabilities with a cleverness stimulated by a sense that his zeal was certain of its reward, and sat down tranquilly to await the fire of his opponents.
Monsieur de Grandville never argued but this one criminal case; and it made his reputation. In the first place, he spoke with the same glowing eloquence which to-day we admire in Berryer. He was profoundly convinced of the innocence of his clients, and that in itself is a most powerful auxiliary of speech. The following are the chief points of his defence, which was reported in full by all the leading newspapers of the period. In the first place he exhibited the character and life of Michu in its true light. He made it a noble tale, ringing with lofty sentiments, and it awakened the sympathies of many. When Michu heard himself vindicated by that eloquent voice, tears sprang from his yellow eyes and rolled down his terrible face. He appeared then for what he really was,--a man as simple and as wily as a child; a being whose whole existence had but one thought, one aim. He was suddenly explained to the minds of all present, more especially by his tears, which produced a great effect upon the jury. His able defender seized that moment of strong interest to enter upon a discussion of the charges:--
"Where is the body of the person abducted? Where is the senator?" he asked. "You accuse us of walling him up with stones and plaster. If so, we alone know where he is; you have kept us twenty-three days in prison, and the senator must be dead by this time for want of food. We are therefore murderers, but you have not accused us of murder. On the other hand, if he still lives, we must have accomplices. If we have them, and if the senator is living, we should assuredly have set him at liberty. The scheme in relation to Gondreville which you attribute to us is a failure, and only aggravates our position uselessly. We might perhaps obtain a pardon for an abortive attempt by releasing our victim; instead of that we persist in detaining a man from whom we can obtain no benefit whatever. It is absurd! Take away your plaster; the effect is a failure," he said, addressing the public prosecutor. "We are either idiotic criminals (which you do not believe) or the innocent victims of circumstances as inexplicable to us as they are to you. You ought rather to search for the mass of papers which were burned at Gondreville, which will reveal motives stronger far than yours or ours and put you on the track of the causes of this abduction."
The speaker discussed these hypotheses with marvellous ability. He dwelt on the moral character of the witnesses for the defence, whose religious faith was a living one, who believed in a future life and in eternal punishment. He rose to grandeur in this part of his speech and moved his hearers deeply:--
"Remember!" he said; "these criminals were tranquilly dining when told of the abduction of the senator. When the officer of gendarmes intimated to them the best means of ending the whole affair by giving up the senator, they refused, for they did not understand what was asked of them!"
Then, reverting to the mystery of the matter, he declared that its solution was in the hands of time, which would eventually reveal the injustice of the charge. Once on this ground, he boldly and ingeniously supposed himself a juror; related his deliberations with his colleagues; imagined his distress lest, having condemned the innocent, the error should be known too late, and drew such a picture of his remorse, dwelling on the grave doubts which the case presented, that he brought the jury to a condition of intense anxiety.
Juries were not in those days so blase to this sort of allocution as they are now; Monsieur de Grandville's appeal had the power of things new, and the jurors were evidently shaken. After this passionate outburst they had to listen to the wily and specious prosecutor, who went over the whole case, brought out the darkest points against the prisoners and made the rest inexplicable. His aim was to reach the minds and the reasoning faculties of his hearers just as Monsieur de Grandville had aimed at the heart and the imagination. The latter, however, had seriously entangled the convictions of the jury, and the public prosecutor found his well-laid arguments ineffectual. This was so plain that the counsel for the Messieurs d'Hauteserre and Gothard appealed to the judgment of the jury, asking that the case against their clients be abandoned. The prosecutor demanded a postponement till the next day in order that he might prepare an answer. Bordin, who saw acquittal in the eyes of the jury if they deliberated on the case at once, opposed the delay of even one night by arguments of legal right and justice to his innocent clients; but in vain,--the court allowed it.
"The interests of society are as great as those of the accused," said the president. "The court would be lacking in equity if it denied a like request when made by the defence; it ought therefore to grant that of the prosecution."
"All is luck or ill-luck!" said Bordin to his clients when the session was over. "Almost acquitted tonight you may be condemned to-morrow."
"In either case," said the elder de Simeuse, "we can only admire your skill."
Mademoiselle de Cinq-Cygne's eyes were full of tears. After the doubts and fears of the counsel for the defence, she had not expected this success. Those around her congratulated her and predicted the acquittal of her cousins. But alas! the matter was destined to end in a startling and almost theatrical event, the most unexpected and disastrous circumstance which ever changed the face of a criminal trial.
At five in the morning of the day after Monsieur de Grandville's speech, the senator was found on the high road to Troyes, delivered from captivity during his sleep, unaware of the trial that was going on or of the excitement attaching to his name in Europe, and simply happy in being once more able to breathe the fresh air. The man who was the pivot of the drama was quite as amazed at what was now told to him as the persons who met him on his way to Troyes were astounded at his reappearance. A farmer lent him a carriage and he soon reached the house of the prefect at Troyes. The prefect notified the director of the jury, the commissary of the government, and the public prosecutor, who, after a statement made to them by Malin, arrested Marthe, while she was still in bed at the Durieu's house in the suburbs. Mademoiselle de Cinq-Cygne, who was only at liberty under bail, was also snatched from one of the few hours of slumber she had been able to obtain at rare intervals in the course of her ceaseless anxiety, and taken to the prefecture to undergo an examination. An order to keep the accused from holding any communication with each other or with their counsel was sent to the prison. At ten o'clock the crowd which assembled around the courtroom were informed that the trial was postponed until one o'clock in the afternoon of the same day.
This change of hour, following on the news of the senator's deliverance, Marthe's arrest, and that of Mademoiselle de Cinq-Cygne, together with the denial of the right to communicate with the prisoners carried terror to the hotel de Chargeboeuf. The whole town and the spectators who had come to Troyes to be present at the trial, the short-hand writers for the daily journals, even the populace were in a ferment which can readily be imagined. The Abbe Goujet came at ten o'clock to see Monsieur and Madame d'Hauteserre and the counsel for the defence, who were breakfasting--as well as they could under the circumstances. The abbe took Bordin and Monsieur Grandville apart, told them what Marthe had confided to him the day before, and gave them the fragment of the letter she had received. The two lawyers exchanged a look, after which Bordin said to the abbe: "Not a word of all this! The case is lost; but at any rate let us show a firm front."
Marthe was not strong enough to evade the cross-questioning of the director of the jury and the public prosecutor. Moreover the proof against her was too overwhelming. Lechesneau had sent for the under crust of the last loaf of bread she had carried to the cavern, also for the empty bottles and various other articles. During the senator's long hours of captivity he had formed conjectures in his own mind and had looked for indications which might put him on the track of his enemies. These he now communicated to the authorities. Michu's farmhouse, lately built, had, he supposed, a new oven; the tiles or bricks on which the bread was baked would show their jointed lines on the bottom of the loaves, and thus afford a proof that the bread supplied to him was baked on that particular oven. So with the wine brought in bottles sealed with green wax, which would probably be found identical with other bottles in Michu's cellar. These shrewd observations, which Malin imparted to the justice of peace, who made the first examination (taking Marthe with him), led to the results foreseen by the senator.
Marthe, deceived by the apparent friendliness of Lechesneau and the public prosecutor, who assured her that complete confession could alone save her husband's life, admitted that the cavern where the senator had been hidden was known only to her husband and the Messieurs de Simeuse and d'Hauteserre, and that she herself had taken provisions to the senator on three separate occasions at midnight.
Laurence, questioned about the cavern, was forced to acknowledge that Michu had discovered it and had shown it to her at the time when the four young men evaded the police and were hidden in it.
As soon as these preliminary examinations were ended, the jury, lawyers, and audience were notified that the trial would be resumed. At three o'clock the president opened the session by announcing that the case would be continued under a new aspect. He exhibited to Michu three bottles of wine and asked him if he recognized them as bottles from his own cellar, showing him at the same time the identity between the green wax on two empty bottles with the green wax on a full bottle taken from his cellar that morning by the justice of peace in presence of his wife. Michu refused to recognize anything as his own. But these proofs for the prosecution were understood by the jurors, to whom the president explained that the empty bottles were found in the place where the senator was imprisoned.
Each prisoner was questioned as to the cavern or cellar beneath the ruins of the old monastery. It was proved by all witnesses for the prosecution, and also for the defence, that the existence of this hiding-place discovered by Michu was known only to him and his wife, and to Laurence and the four gentlemen. We may judge of the effect in the courtroom when the public prosecutor made known the fact that this cavern, known only to the accused and to their two witnesses, was the place where the senator had been imprisoned.
Marthe was summoned. Her appearance caused much excitement among the spectators and keen anxiety to the prisoners. Monsieur de Grandville rose to protest against the testimony of a wife against her husband. The public prosecutor replied that Marthe by her own confession was an accomplice in the outrage; that she had neither sworn nor testified, and was to be heard solely in the interests of truth.
"We need only submit her preliminary examination to the jury," remarked the president, who now ordered the clerk of the court to read the said testimony aloud.
"Do you now confirm your own statement?" said the president, addressing Marthe.
Michu looked at his wife, and Marthe, who saw her fatal error, fainted away and fell to the floor. It may be truly said that a thunderbolt had fallen upon the prisoners and their counsel.
"I never wrote to my wife from prison, and I know none of the persons employed there," said Michu.
Bordin passed to him the fragments of the letter Marthe had received. Michu gave but one glance at it. "My writing has been imitated," he said.
"Denial is your last resource," said the public prosecutor.
The senator was introduced into the courtroom with all the ceremonies due to his position. His entrance was like a stage scene. Malin (now called Comte de Gondreville, without regard to the feelings of the late owners of the property) was requested by the president to look at the prisoners, and did so with great attention and for a long time. He stated that the clothing of his abductors was exactly like that worn by the four gentlemen; but he declared that the trouble of his mind had been such that he could not be positive that the accused were really the guilty parties.
"More than that," he said, "it is my conviction that these four gentlemen had nothing to do with it. The hands that blindfolded me in the forest were coarse and rough. I should rather suppose," he added, looking at Michu, "that my old enemy took charge of that duty; but I beg the gentlemen of the jury not to give too much weight to this remark. My suspicions are very slight, and I feel no certainty whatever--for this reason. The two men who seized me put me on horseback behind the man who blindfolded me, and whose hair was red like Michu's. However singular you may consider the observation I am about to make, it is necessary to make it because it is the ground of an opinion favorable to the accused--who, I hope, will not feel offended by it. Fastened to the man's back I would naturally have been affected by his odor--yet I did not perceive that which is peculiar to Michu. As to the person who brought me provisions on three several occasions, I am certain it was Marthe, the wife of Michu. I recognized her the first time she came by a ring she always wore, which she had forgotten to remove. The Court and jury will please allow for the contradictions which appear in the facts I have stated, which I myself am wholly unable to reconcile."
