THE EVIDENCE OF WITNESSES
Among the first witnesses called was Heinrich Heitz, a wood-cutter,
who had been for some time in partnership with Gautran, and of whom
Gautran had denied any knowledge whatever.
On his forehead was the red scar of a wound inflicted some time
before.
"Look at the prisoner. Do you know him?"
"I have reason to."
"His name?"
"Gautran."
"How did he get his living?"
"By wood-cutting."
"You and he were comrades for a time?"
"We were."
"For how long?"
"For three years; we were partners."
"During the time you worked with him, did he know you as Heinrich
Heitz?"
"By no other name. I never bore another."
"Was the partnership an agreeable one?"
"Not to me; it was infernally disagreeable. I never want another
partner like him."
"Why?"
"Because I don't want another savage beast for a partner."
"You did not get along well with him?"
"Quite the reverse."
"For what reasons?"
"Well, for one, I am a hard-working man; he is an indolent bully. The
master he works for once does not want to employ him again. When we
worked together on a task, the profits of which were to be equally
divided between us, he shirked his share of the work, and left me to
do the lot."
"Did you endeavour to separate from him?"
"I did; and he swore he would murder me; and once, when I was more
than usually determined, he marked me on my forehead. You can see the
scar; I shall never get rid of it."
"Did he use a weapon against you?"
"Yes; a knife."
"His temper is ungovernable?"
"He has not the slightest control over it."
"He is a man of great strength?"
"He is very powerful."
"Possessed with an idea which he was determined to carry out, is it
likely that anything would soften him?"
"Nothing could soften him."
"How would opposition affect him?"
"It would infuriate him. I have seen him, when crossed, behave as if
he were a mad tiger instead of a human being."
"At such times, would it be likely that he would show any coolness or
cunning?"
"He would have no time to think; he would be carried away by his
passion."
"You were acquainted with him when he was a lad?"
"I was."
"Was he noted for his cruel disposition in his childhood?"
"He was; it was the common talk."
"Did he take a pleasure in inflicting physical pain upon those weaker
than himself?"
"He did."
"And in prolonging that pain?"
"Yes."
"In his paroxysms of fury would not an appeal to his humanity have a
softening effect upon him?"
"He has no humanity."
"You were acquainted with Madeline?"
"I was."
"Was she an amiable girl?"
"Most amiable."
"She was very gentle?"
"As gentle as a child."
"But she was capable of being aroused?"
"Of course she was."
"She had many admirers?"
"I have heard so."
"You yourself admired her?"
"I did."
"You made love to her?"
"I suppose I did."
"Did she encourage you?"
"I cannot say she did."
"Did you ever attempt to embrace her?"
The witness did not reply to this question, and upon its being
repeated, still preserved silence. Admonished by the judge, and
ordered to reply, he said:
"Yes, I have attempted to embrace her."
"On more than one occasion."
"Only on one occasion."
"Did she permit the embrace?"
"No."
"She resisted you?"
"Yes."
"There must have been a struggle. Did she strike you?"
"She scratched my face."
"She resisted you successfully?"
"Yes."
"Gentle as she was, she possessed strength?"
"Oh yes, more than one would have supposed."
"Strength which she would exert to protect herself from insult?"
"Yes."
"Her disposition was a happy one?"
"That was easy to see. She was always singing to herself, and
smiling."
"You believe she was fond of life?"
"Why yes--who is not?"
"And would not have welcomed a violent and sudden death?"
"Certainly not. What a question!"
"Threatened with such a fate, she would have resisted?"
"Aye, with all her strength. It would be but natural."
"Knowing Madeline somewhat intimately, you must have known Pauline?"
"Yes, I knew her."
"It is unfortunate and inexplicable that we cannot call her as a
witness, and are ignorant of the reason why she left Madeline alone.
Can you furnish any clue, even the slightest, which might enable us to
find her?"
"I cannot; I do not know where she has gone."
"Were they sisters, or mother and daughter?"
"I cannot say."
"Do you know where they came from?"
"I do not."
"Reflect. During your intimacy, was any chance word or remark made by
either of the women which, followed up, might furnish the
information?"
"I can remember none. But something was said, a few days before
Pauline left, which surprised me."
"Relate it, and do not fear to weary the court. Omit nothing."
"I made love to Madeline, as I have said, and she did not encourage
me. Then, for perhaps a month or two, I said nothing more to her than
good-morning or good-evening. But afterwards, when I was told that
Gautran was following her up, I thought to myself, 'I am better than
he; why should I be discouraged because she said "No" to me once?'
Well, then it was that I mustered up courage to speak to Pauline,
thinking to win her to my side. I did not, though. Pauline was angry
and impatient with me, and as much as told me that when Madeline
married it would be to a better man than I was. I was angry, also,
because it seemed as if she looked down on me. 'You think she will
marry a gentleman,' said I. 'It might be so,' she answered. 'A fine
idea that,' said I, 'for a peasant. But perhaps she isn't a peasant:
perhaps she is a lady in disguise.' I suppose I spoke scornfully, for
Pauline fired up, and asked whether Madeline was not good enough, and
pretty enough, and gentle enough for a lady; and said, too, that those
who believed her to be a peasant might one day find out their mistake.
And then all at once she stopped suddenly, with red fire in her face,
and I saw she had said that which she had rather left unspoken."
This last piece of evidence supplied a new feature of interest in the
case. It furnished a clue to a tempting mystery as to the social
position of Pauline and Madeline; but it was a clue which could not be
followed to a satisfactory result, although another unexpected
revelation was made in the course of the trial which appeared to have
some connection with it. Much of the evidence given by Heinrich Heitz
was elicited by the Advocate--especially those particulars which
related to Gautran's strength and ferocity, and to Madeline's love of
life and the way in which she met an insult. It was not easy to see
what good could be done for Gautran by the stress which the Advocate
laid upon these points.
Katherine Scherrer was called and examined. She testified that Gautran
had made advances towards her, and had pressed her to become his wife;
that she refused him, and that he threatened her; that as he persisted
in following her, her mother had spoken to him, and had warned him, if
he did not cease persecuting her daughter, that she would have him
beaten. This evidence was corroborated by Katherine's mother, who
testified that she had cautioned Gautran not to persecute Madeline
with his attentions and proposals. Madeline had expressed to both
these women her abhorrence of Gautran and her fear of him, but nothing
could induce him to relinquish his pursuit of her. The only evidence
elicited from these witnesses by the Advocate related to Gautran's
strength and ferocity.
Following Katherine Scherrer and her mother came a witness whose
appearance provoked murmurs of compassion. It was a poor, wretched
woman, half demented, who had lived with Gautran in another part of
the country, and who had been so brutally treated by him that her
reason had become impaired. If her appearance provoked compassion, the
story of her wrongs, as it was skilfully drawn from her by kindly
examination, stirred the court into strong indignation, and threw a
lurid light upon the character of the man arraigned at the bar of
justice. In the presence of this poor creature the judge interrogated
Gautran.
"You denied having ever lived with a woman who should have been your
wife. Do you still deny it?"
"Yes."
"Shameless obstinacy! Look at this poor woman, whom your cruelty has
reduced to a state of imbecility. Do you not know her?"
"I know nothing of her."
"You never lived with her?"
"Never."
"You will even go so far as to declare that you never saw her before
to-day?"
"Yes; I never saw her before to-day."
"To question you farther would be useless. You have shown yourself in
your true colours."
To which Gautran made answer: "I can't help my colours. They're not of
my choosing."
The Widow Joseph was next called.