[The author has given the cross-examination in the shape best known to
English readers, since it is a mere question of form. French counsel
_do_ examine, though they may not directly address the accused, and have
to ask the judge to ask, etc, a formality which becomes tedious in
report, and which has therefore been omitted.--_Code d'Instruction
Criminelle_, art. 310.]
The trial, which was creating so much excitement, not only in Paris, but
throughout the length and breadth of France, had reached its third day.
The indictment against the prisoner had been powerfully presented; it
alluded to distinct evidence of the theft, and to the astonishment of
the public who were not already in the secret Maitre Barraud had
remarked, with an air of indifference, that his side admitted all the
facts which had been brought forward. This acknowledgment still further
stimulated curiosity, the public imagining that the famous advocate had
some counter-evidence in his pocket, since he so readily allowed what
appeared damaging to pass unquestioned. As M. Rodoin had foreseen,
however, the move was disliked by the prosecution, because they had
counted upon the prisoner's denial, and upon at once proving his
falsehood and creating a prejudice against him.
Maitre Barraud, while still vowing vengeance against M. Rodoin for
having dragged him into the affair, was allowing his professional
instincts to get the upper hand. The fact of Maitre Miron being opposed
to him and having a strong case was enough to excite his fighting
powers. Moreover, he had become convinced that Leon's story was true.
It was unfortunately weak and unsupported, but he was certain that no
attempt was made to deceive him. Added to this he read in Mme. Leon's
eyes that she distrusted his age and his energy, in spite of all M.
Rodoin's assurances, and her want of confidence piqued him. She thought
him indifferent, while in reality he was bringing all his wits and his
resources to bear upon the case, without, it must be conceded, much hope
of success. He had directed the prisoner to be perfectly frank and
straightforward in his own replies both to the juge d'instruction and in
court.
"There lies your one chance."
"And you think that if I had not admitted the fact of exchange, it would
have been proved against me?"
"Certainly, baron. Since you recalled writing a letter to Monsieur de
Cadanet, I can see how Lemaire got upon your track. If you had denied,
the letter would have been produced. Now they will keep it back
because, as you admit the fact, it would tell in your favour. I shall
call for it."
"It was my wife who urged speaking out."
"And she showed her sense. Women's intuitions are generally to be
trusted when they don't go too far," said Maitre Barraud, carelessly.
In spite of his opinion, he expressed extreme impatience when M.
Rodoin, on the morning of the third day, asked whether he could give a
few minutes to Mme. de Beaudrillart.
"Certainly not. I know exactly the sort, of questions I should have to
answer: Is the trial going for or against? Have the jury made up their
minds? Might she not stand up and bear witness to the perfect probity
of her beloved husband? Console Madame de Beaudrillart yourself; the
task of defending monsieur is quite as much as I desire to undertake."
"Please yourself, my dear Albert," said M. Rodoin, quietly. "You know
very well that Madame Leon is not the silly woman you pretend. If you
will not listen to her, you must listen to me; but the idea was her own.
She wondered whether it would be possible for her to make a personal
appeal to Madame Lemaire?"
"On what ground?" Maitre Barraud shot out the words after a moment's
consideration.
"All our investigations point to the fact that it is an unhappy
marriage, and that Lemaire neglects, if he does not ill-use, his wife."
"Bah! That will only make her stick to him the closer."
"Possibly. But she is, by every account, a woman of strong religious
principle. If she knew of a wrong being committed her conscience might
lead her--"
"To denounce it?" Maitre Barraud pushed out his lips, and passed his
hand over his chin. "She will not know. That sort of woman, if she has
to live with that sort of man, shuts her eyes, and refuses to open them.
It is her only chance."
"Possibly, again, if you or I went to her. But another woman?"
"If we could hit on her line of sentiment--she is sure to have a
sentiment," murmured the other, reflectively. "But no, no, no. It
can't be done. It would be a confession of weakness. Miron would get
hold of it, and we should have a triumphant peroration of the straits to
which the other side are driven. I can only reach that scoundrel
through the court, but I will make him feel."
"If the wife is in court?"
"She will not be. Either she will know nothing, or will keep out of
it."
M. Rodoin had to carry back this refusal to Nathalie, for whom his
admiration daily strengthened. She was so courageous and so cheerful,
so sensible, and so full of resource that instead of hindering the
lawyers, her suggestions had more than once proved valuable; and as for
poor Leon, the sight of her brave and earnest face, and the smile with
which she never failed to meet his eye, gave him his best support in the
terrible hours which he spent in the court. It created also, as Maitre
Barraud was swift to note, an unexpressed and subtle feeling of sympathy
with the accused. The fine and noble lines of her face, the breathless
interest with which she followed every point as it was mooted, offered
evidence as powerful as it was unconscious in his favour. He dared not
count upon its being strong enough to weigh against the testimony of
facts, but he knew that any point he could succeed in making would be
strengthened by its presence.
Leon, too, bore himself well. Those who knew him before remarked how
greatly he had aged, and his face was colourless. His manner, however,
was what it should have been--simple and unexaggerated. Evidently he
felt his position profoundly, but he answered the questions addressed to
him by the Court with a dignity which to M. Rodoin was unexpected and
quite frankly. On the whole, the impression he gave was favourable.
But this, again, however desirable, was not worth one grain of actual
proof.
And for proof M. Rodoin had ransacked Paris in vain. The notes had
been sent in a registered packet, but it was too long ago to obtain a
record from the post-office. An examination of M. de Cadanet's papers
had been made, naturally without success. One point and one only had
been established in Leon's favour. The banker's book showed that about
the time he claimed to have repaid the debt a sum of one hundred
thousand francs had been entered in M. de Cadanet's account, and the
clerk believed remembering that they were mostly notes issued by the
provincial bank of Tours. But there had been a change of clerks since;
the one who had that impression was then a junior, and could not swear
to it. Two had died of influenza.
The prisoner himself was first interrogated. He was very white, and his
hand grasped the nearest wood-work convulsively; but he answered well,
and without hesitation. He acknowledged that M. de Cadanet showed great
displeasure towards him, and reproached him even violently for the
extravagances with which he showed himself well acquainted. The judge
inquired how he considered they had reached his ears, to which he
replied that he never doubted they were conveyed by M. Lemaire, as he
was, he understood, the only person who constantly saw M. de Cadanet--
excepting his lawyer, who had told them in his evidence that he only
received instructions from the count, and was never permitted so much as
to offer advice. Asked whether he himself had not done his utmost to
vilify M. Lemaire to M. de Cadanet, he replied indignantly that he had
avoided mentioning him or the places in which he had met him--an answer
which was received with a show of incredulity.
He had to give a close account of the interview, and the replies were
pumped from him; for by this time he was angry, and stood upright,
touching nothing. He admitted having gone to ask for help in his
difficulties.
"You had, in fact, squandered your fortune, and Poissy must inevitably
have been sold if money was not forthcoming?"
"I have never denied it."
"Had Monsieur de Cadanet given you reason to expect assistance from
him?"
"None, except that he was under obligations to my father."
"He may not have considered that affording you the means of running into
further extravagances was the best means of showing gratitude to the
late baron?"
The prisoner remained silent.
Asked what drew his attention to the cheque, he replied that M. de
Cadanet enclosed it before his eyes, and that he believed it to be
coming to him until the count informed him that the reports he had
received of his conduct had made him resolve against assisting him, and
that the money he had prepared would be given to another.
"Did he mention the name of this other!"
"I remarked that I presumed the other was Monsieur Charles Lemaire."
"Why did you arrive at this conclusion?"
"Because I was certain that Monsieur Lemaire was the person through whom
the reports had reached him."
"They were, however, correct?"