While the masters of Cinq-Cygne were waiting at Troyes for the opening of the trial before the Criminal court and vainly soliciting permission to see the prisoners, an event of the utmost importance had taken place at the chateau.
Marthe returned to Cinq-Cygne as soon as she had given her testimony before the indicting jury. This testimony was so insignificant that it was not thought necessary to summon her before the Criminal court. Like all persons of extreme sensibility, the poor woman sat silent in the salon, where she kept company with Mademoiselle Goujet, in a pitiable state of stupefaction. To her, as to the abbe, and indeed to all others who did not know how the accused had been employed on that day, their innocence seemed doubtful. There were moments when Marthe believed that Michu and his masters and Laurence had executed vengeance on the senator. The unhappy woman now knew Michu’s devotion well enough to be certain that he was the one who would be most in danger, not only because of his antecedents, but because of the part he was sure to have taken in the execution of the scheme.
The Abbe Goujet and his sister and Marthe were bewildered among the possibilities to which this opinion gave rise; and yet, in the process of thinking them over, their minds insensibly took hold of them in a certain way. The absolute doubt which Descartes demands can no more exist in the brain of a man than a vacuum can exist in nature, and the mental operation required to produce it would, like the effect of a pneumatic machine, be exceptional and anomalous. Whatever a case may be, the mind believes in something. Now Marthe was so afraid that the accused were guilty that her fear became equivalent to belief; and this condition of her mind proved fatal to her.
Five days after the arrests, just as she was in the act of going to bed about ten o’clock at night, she was called from the courtyard by her mother, who had come from the farm on foot.
“A laboring man from Troyes wants to speak to you; he is sent by Michu, and is waiting in the covered way,” she said to Marthe.
They passed through the breach so as to take the shortest path. In the darkness it was impossible for Marthe to distinguish anything more than the form of a person which loomed through the shadows.
“Speak, madame; so that I may be certain you are really Madame Michu,” said the person, in a rather anxious voice.
“I am Madame Michu,” said Marthe; “what do you want of me?”
“Very good,” said the unknown, “give me your hand; do not fear me. I come,” he added, leaning towards her and speaking low, “from Michu with a note for you. I am employed at the prison, and if my superiors discover my absence we shall all be lost. Trust me; your good father placed me where I am. For that reason Michu counted on my helping him.”
He put the letter into Marthe’s hand and disappeared toward the forest without waiting for an answer. Marthe trembled at the thought that she was now to hear the secret of the mystery. She ran to the farm with her mother and shut herself up to read the following letter: —
My dear Marthe, – You can rely on the discretion of the man who will give you this letter; he does not know how to read or to write. He is a stanch Republican, and shared in Baboeuf’s conspiracy; your father often made use of him, and he regards the senator as a traitor. Now, my dear wife, attend to my directions. The senator has been shut up by us in the cave where our masters were hidden. The poor creature had provisions for only five days, and as it is our interest that he should live, I wish you, as soon as you receive this letter, to take him food for at least five days more. The forest is of course watched; therefore take as many precautions as we formerly did for our young masters. Don’t say a word to Malin; don’t speak to him; and put on one of our masks which you will find on the steps which lead down to the cave. Unless you wish to compromise our heads you must be absolutely silent about this letter and the secret I have now confided to you. Don’t say a word to Mademoiselle de Cinq-Cygne, who might tell of it. Don’t fear for me. We are certain that the matter will turn out well; when the time comes Malin himself will save us. I don’t need to tell you to burn this letter as soon as you have read it, for it would cost me my head if a line of it were seen. I kiss you for now and always, Michu.
The existence of the cave was known only to Marthe, her son, Michu, the four gentlemen, and Laurence; or rather, Marthe, to whom her husband had not related the incident of his meeting with Peyrade and Corentin, believed it was known only to them. Had she consulted her mistress and the two lawyers, who knew the innocence of the prisoners, the shrewd Bordin would have gained some light upon the perfidious trap which was evidently laid for his clients. But Marthe, acting like most women under a first impulse, was convinced by this proof which came to her own eyes, and flung the letter into the fire as directed. Nevertheless, moved by a singular gleam of caution, she caught a portion of it from the flames, tore off the five first lines, which compromised no one, and sewed them into the hem of her dress. Terrified at the thought that the prisoner had been without food for twenty-four hours, she resolved to carry bread, meat, and wine to him at once; curiosity was well as humanity permitting no delay. Accordingly, she heated her oven and made, with her mother’s help, a pate of hare and ducks, a rice cake, roasted two fowls, selected three bottles of wine, and baked two loaves of bread. About two in the morning she started for the forest, carrying the load on her back, accompanied by Couraut, who in all such expeditions showed wonderful sagacity as a guide. He scented strangers at immense distances, and as soon as he was certain of their presence he returned to his mistress with a low growl, looking at her fixedly and turning his muzzle in the direction of the danger.
Marthe reached the pond about three in the morning, and left the dog as sentinel on the bank. After half an hour’s labor in clearing the entrance she came with a dark lantern to the door of the cave, her face covered with a mask, which she had found, as directed, on the steps. The imprisonment of the senator seemed to have been long premeditated. A hole about a foot square, which Marthe had never seen before, was roughly cut in the upper part of the iron door which closed the cave; but in order to prevent Malin from using the time and patience all prisoners have at their command in loosening the iron bar which held the door, it was securely fastened with a padlock.
The senator, who had risen from his bed of moss, sighed when he saw the masked face and felt that there was no chance then of his deliverance. He examined Marthe, as much as he could by the unsteady light of her dark lantern, and he recognized her by her clothes, her stoutness, and her motions. When she passed the pate through the door he dropped it to seize her hand and then, with great swiftness, he tried to pull the rings from her fingers, – one her wedding-ring, the other a gift from Mademoiselle de Cinq-Cygne.
“You cannot deny that it is you, my dear Madame Michu,” he said.
Marthe closed her fist the moment she felt his fingers, and gave him a vigorous blow in the chest. Then, without a word, she turned away and cut a stick, at the end of which she held out to the senator the rest of the provisions.
“What do they want of me?” he asked.
Marthe departed giving him no answer. By five o’clock she had reached the edge of the forest and was warned by Couraut of the presence of strangers. She retraced her steps and made for the pavilion where she had lived so long; but just as she entered the avenue she was seen from afar by the forester of Gondreville, and she quickly reflected that her best plan was to go straight up to him.
“You are out early, Madame Michu,” he said, accosting her.
“We are so unfortunate,” she replied, “that I am obliged to do a servant’s work myself. I am going to Bellache for some grain.”
“Haven’t you any at Cinq-Cygne?” said the forester.
Marthe made no answer. She continued on her way and reached the farm at Bellache, where she asked Beauvisage to give her some seed-grain, saying that Monsieur d’Hauteserre advised her to get it from him to renew her crop. As soon as Marthe had left the farm, the forester went there to find out what she asked for.
Six days later, Marthe, determined to be prudent, went at midnight with her provisions so as to avoid the keepers who were evidently patrolling the forest. After carrying a third supply to the senator she suddenly became terrified on hearing the abbe read aloud the public examination of the prisoners, – for the trial was by that time begun. She took the abbe aside, and after obliging him to swear that he would keep the secret she was about to reveal as though it was said to him in the confessional, she showed him the fragments of Michu’s letter, told him the contents of it, and also the secret of the hiding-place where the senator then was.
The abbe at once inquired if she had other letters from her husband that he might compare the writing. Marthe went to her home to fetch them and there found a summons to appear in court. By the time she returned to the chateau the abbe and his sister had received a similar summons on behalf of the defence. They were obliged therefore to start for Troyes immediately. Thus all the personages of our drama, even those who were only, as it were, supernumeraries, were collected on the spot where the fate of the two families was about to be decided.
There are but few localities in France where Law derives from outward appearance the dignity which ought always to accompany it. Yet it surely is, after religion and royalty, the greatest engine of society. Everywhere, even in Paris, the meanness of its surroundings, the wretched arrangement of the courtrooms, their barrenness and want of decoration in the most ornate and showy nation upon earth in the matter of its public monuments, lessens the action of the law’s mighty power. At the farther end of some oblong room may be seen a desk with a green baize covering raised on a platform; behind it sit the judges on the commonest of arm-chairs. To the left, is the seat of the public prosecutor, and beside him, close to the wall, is a long pen filled with chairs for the jury. Opposite to the jury is another pen with a bench for the prisoners and the gendarmes who guard them. The clerk of the court sits below the platform at a table covered with the papers of the case. Before the imperial changes in the administration of justice were instituted, a commissary of the government and the director of the jury each had a seat and a table, one to the right, the other to the left of the baize-covered desk. Two sheriffs hovered about in the space left in front of the desk for the station of witnesses. Facing the judges and against the wall above the entrance, there is always a shabby gallery reserved for officials and for women, to which admittance is granted only by the president of the court, to whom the proper management of the courtroom belongs. The non-privileged public are compelled to stand in the empty space between the door of the hall and the bar. This normal appearance of all French law courts and assize-rooms was that of the Criminal court of Troyes.
In April, 1806, neither the four judges nor the president (or chief-justice) who made up the court, nor the public prosecutor, the director of the jury, the commissary of the government, nor the sheriffs or lawyers, in fact no one except the gendarmes, wore any robes or other distinctive sign which might have relieved the nakedness of the surroundings and the somewhat meagre aspect of the figures. The crucifix was suppressed; its example was no longer held up before the eyes of justice and of guilt. All was dull and vulgar. The paraphernalia so necessary to excite social interest is perhaps a consolation to criminals. On this occasion the eagerness of the public was what it has ever been and ever will be in trials of this kind, so long as France refuses to recognize that the admission of the public to the courts involves publicity, and that the publicity given to trials is a terrible penalty which would never have been inflicted had legislators reflected on it. Customs are often more cruel than laws. Customs are the deeds of men, but laws are the judgment of a nation. Customs in which there is often no judgment are stronger than laws.
Crowds surrounded the courtroom; the president was obliged to station squads of soldiers to guard the doors. The audience, standing below the bar, was so crowded that persons suffocated. Monsieur de Grandville, defending Michu, Bordin, defending the Simeuse brothers, and a lawyer of Troyes who appeared for the d’Hauteserres, were in their seats before the opening of the court; their faces wore a look of confidence. When the prisoners were brought in, sympathetic murmurs were heard at the appearance of the young men, whose faces, in twenty days’ imprisonment and anxiety, had somewhat paled. The perfect likeness of the twins excited the deepest interest. Perhaps the spectators thought that Nature would exercise some special protection in the case of her own anomalies, and felt ready to join in repairing the harm done to them by destiny. Their noble, simple faces, showing no signs of shame, still less of bravado, touched the women’s hearts. The four gentlemen and Gothard wore the clothes in which they had been arrested; but Michu, whose coat and trousers were among the “articles of testimony,” so-called, had put on his best clothes, – a blue surtout, a brown velvet waistcoat a la Robespierre, and a white cravat. The poor man paid the penalty of his dangerous-looking face. When he cast a glance of his yellow eye, so clear and so profound upon the audience, a murmur of repulsion answered it. The assembly chose to see the finger of God bringing him to the dock where his father-in-law had sacrificed so many victims. This man, truly great, looked at his masters, repressing a smile of scorn. He seemed to say to them, “I am injuring your cause.” Five of the prisoners exchanged greetings with their counsel. Gothard still played the part of an idiot.
After several challenges, made with much sagacity by the defence under advice of the Marquis de Chargeboeuf, who boldly took a seat beside Bordin and de Grandville, the jury were empanelled, the indictment was read, and the prisoners were brought up separately to be examined. They answered every question with remarkable unanimity. After riding about the forest all the morning they had returned to Cinq-Cygne for breakfast at one o’clock. After that meal, from three to half-past five in the afternoon, they had returned to the forest. That was the basis of each testimony; any variations were merely individual circumstances. When the president asked the Messieurs de Simeuse why they had ridden out so early, they both declared that wishing, since their return, to buy back Gondreville and intending to make an offer to Malin who had arrived the night before, they had gone out early with their cousin and Michu to make certain examinations of the property on which to base their offer. During that time the Messieurs d’Hauteserre, their cousin, and Gothard had chased a wolf which was reported in the forest by the peasantry. If the director of the jury had sought for the prints of their horses’ feet in the forest as carefully as in the park of Gondreville, he would have found proof of their presence at long distances from the house.
The examination of the Messieurs d’Hauteserre corroborated this testimony, and was in harmony with their preliminary dispositions. The necessity of some reason for their ride suggested to each of them the excuse of hunting. The peasants had given warning, a few days earlier, of a wolf in the forest, and on that they had fastened as a pretext.
The public prosecutor, however, pointed out a discrepancy between the first statements of the Messieurs d’Hauteserre, in which they mentioned that the whole party hunted together, and the defence now made by the Messieurs de Simeuse that their purpose on that day was the valuation of the forest.
Monsieur de Grandville here called attention to the fact that as the crime was not committed until after two o’clock in the afternoon, the prosecution had no ground to question their word when they stated the manner in which they had employed their morning.
The prosecutor replied that the prisoners had an interest in concealing their preparations for the abduction of the senator.
The remarkable ability of the defence was now felt. Judges, jurors, and audience became aware that victory would be hotly contested. Bordin and Monsieur de Grandville had studied their ground and foreseen everything. Innocence is required to render a clear and plausible account of its actions. The duty of the defence is to present a consistent and probable tale in opposition to an insufficient and improbable accusation. To counsel who regard their client as innocent, an accusation is false. The public examination of the four gentlemen sufficiently explained the matter in their favor. So far all was well. But the examination of Michu was more serious; there the real struggle began. It was now clear to every one why Monsieur de Grandville had preferred to take charge of the servant’s defence rather than that of his masters.
Michu admitted his threats against Marion; but denied that he had made them violently. As for the ambush in which he was supposed to have watched for his enemy, he said he was merely making his rounds in his park; the senator and Monsieur Grevin might perhaps have been alarmed at the sight of his gun and have thought his intentions hostile when they were really inoffensive. He called attention to the fact that in the dusk a man who was not in the habit of hunting might easily fancy a gun was pointed at him, whereas, in point of fact, it was held in his hand at half-cock. To explain the condition of his clothes when arrested, he said he had slipped and fallen in the breach on his way home. “I could scarcely see my way,” he said, “and the loose stones slipped from under me as I climbed the bank.” As for the plaster which Gothard was bringing him, he replied as he had done in all previous examinations, that he wanted it to secure one of the stone posts of the covered way.
The public prosecutor and the president asked him to explain how he could have been at the top of the covered way engaged in mending a stone post and at the same time in the breach of the moat leading to the chateau; more especially as the justice of peace, the gendarmes and the forester all declared they had heard him approach them from the lower road. To this Michu replied that Monsieur d’Hauteserre had blamed him for not having mended the post, – which he was anxious to have finished because there were difficulties about that road with the township, – and he had therefore gone up to the chateau to report that the work was done.
Monsieur d’Hauteserre had, in fact, put up a fence above the covered way to prevent the township from taking possession of it. Michu seeing the important part which the state of his clothes was likely to play, invented this subterfuge. If, in law, truth is often like falsehood, falsehood on the other hand has a very great resemblance to truth. The defence and the prosecution both attached much importance to this testimony, which became one of the leading points of the trial on account of the vigor of the defence and the suspicions of the prosecution.
Gothard, instructed no doubt by Monsieur de Grandville, for up to that time he had only wept when they questioned him, admitted that Michu had told him to carry the plaster.
“Why did neither you nor Gothard take the justice of peace and the forester to the stone post and show them your work?” said the public prosecutor, addressing Michu.
“Because,” replied the man, “I didn’t believe there was any serious accusation against us.”
All the prisoners except Gothard were now removed from the courtroom. When Gothard was left alone the president adjured him to speak the truth for his own sake, pointing out that his pretended idiocy had come to an end; none of the jurors believed him imbecile; if he refused to answer the court he ran the risk of serious penalty; whereas by telling the truth at once he would probably be released. Gothard wept, hesitated, and finally ended by saying that Michu had told him to carry several sacks of plaster; but that each time he had met him near the farm. He was asked how many sacks he had carried.
“Three,” he replied.
An argument hereupon ensued as to whether the three sacks included the one which Gothard was carrying at the time of the arrest (which reduced the number of the other sacks to two) or whether there were three without the last. The debate ended in favor of the first proposition, the jury considering that only two sacks had been used. They appeared to have a foregone conviction on that point, but Bordin and Monsieur de Grandville judged it best to surfeit them with plaster, and weary them so thoroughly with the argument that they would no longer comprehend the question. Monsieur de Grandville made it appear that experts ought to have been sent to examine the stone posts.
“The director of the jury,” he said, “has contented himself with merely visiting the place, less for the purpose of making a careful examination than to trap Michu in a lie; this, in our opinion, was a failure of duty, but the blunder is to our advantage.”
On this the Court appointed experts to examine the posts and see if one of them had been really mended and reset. The public prosecutor, on his side, endeavored to make capital of the affair before the experts could testify.
“You seem to have chosen,” he said to Michu, who was now brought back into the courtroom, “an hour when the daylight was waning, from half-past five to half-past six o’clock, to mend this post and to cement it all alone.”
“Monsieur d’Hauteserre had blamed me for not doing it,” replied Michu.
“But,” said the prosecutor, “if you used that plaster on the post you must have had a trough and a trowel. Now, if you went to the chateau to tell Monsieur d’Hauteserre that you had done the work, how do you explain the fact that Gothard was bringing you more plaster. You must have passed your farm on your way to the chateau, and you would naturally have left your tools at home and stopped Gothard.”
This overwhelming argument produced a painful silence in the courtroom.
“Come,” said the prosecutor, “you had better admit at once that what you buried was not a stone post.”
“Do you think it was the senator?” said Michu, sarcastically.
Monsieur de Grandville hereupon demanded that the public prosecutor should explain his meaning. Michu was accused of abduction and the concealment of a person, but not of murder. Such an insinuation was a serious matter. The code of Brumaire, year IV., forbade the public prosecutor from presenting any fresh count at the trial; he must keep within the indictment or the proceedings would be annulled.
The public prosecutor replied that Michu, the person chiefly concerned in the abduction and who, in the interests of his masters, had taken the responsibility on his own shoulders, might have thought it necessary to plaster up the entrance of the hiding-place, still undiscovered, where the senator was now immured.
Pressed with questions, hampered by the presence of Gothard, and brought into contradiction with himself, Michu struck his fist upon the edge of the dock with a resounding blow and said: “I have had nothing whatever to do with the abduction of the senator. I hope and believe his enemies have merely imprisoned him; when he reappears you’ll find out that the plaster was put to no such use.”
“Good!” said de Grandville, addressing the public prosecutor; “you have done more for my client’s cause than anything I could have said.”
The first day’s session ended with this bold declaration, which surprised the judges and gave an advantage to the defence. The lawyers of the town and Bordin himself congratulated the young advocate. The prosecutor, uneasy at the assertion, feared that he had fallen into some trap; in fact he was really caught in a snare that was cleverly set for him by the defence and admirably played off by Gothard. The wits of the town declared that he had white-washed the affair and splashed his own cause, and had made the accused as white as the plaster itself. France is the domain of satire, which reigns supreme in our land; Frenchmen jest on a scaffold, at the Beresina, at the barricades, and some will doubtless appear with a quirk upon their lips at the grand assizes of the Last Judgment.