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.