Another reform in French criminal procedure which many Frenchmen think

necessary is the suppression of the freedom of the jury during the

trial. There is a curious disregard of rules and regulations during the

details of a big criminal trial in France. There are witnesses who, in

response to the judge’s remark after he has asked the witness to swear

to tell the truth without fear and without hatred, and to state name,

address, and age, in response to the three words “Make your deposition”

which give the witness a free head, behave just like racehorses when

the starting gate goes up. Lawyer witnesses particularly have been

known to make long speeches for the defence or for the prosecution on

the plea of giving evidence, and there are many other similar abuses.

It often happens, too, that evidence which the examining magistrate has

collected is never sifted at the trial itself. When the trial is over,

when the Public Prosecutor, the counsel for the defence, and, if the

prisoner has anything to say, the prisoner, have addressed the court,

the jury retires to consider the verdict. There is something oddly,

picturesquely, emphatic and impressive in the mechanism of this

retirement.

Somehow or another the French have a peculiar knack of stage-managing

anything and everything. No visitor on his first visit to Paris fails

to remark the wonderful stage-management (I suppose I ought to call

it landscape gardening) of the city. Look at the Tuileries Gardens

when dusk is just closing in towards the end of a fine day. The whole

place breathes the history of the last days of the Empire, and has the

gentle melancholy of a Turner picture. Stop in the Avenue des Champs

Elysées where the Avenue Nicholas II. intersects it. Look up the

Avenue and down it. The Arc de Triomphe and the Place de la Concorde,

which, when it ceased to be the Place Royale, held the scaffold of a

king of France. Look out across the Seine, then turn and look behind

you. The bridge which is named after a murdered Czar of Russia and the

Invalides beyond it. Behind you the Palace of the Elysée, the home of

the President of the third Republic, facing Napoleon’s Tomb. At every

turn in Paris, north, east, west, or south, you get signs of this

half-unconscious national gift of staging effects.

The jury in a criminal trial in Paris does not, as a London jury does,

melt into disappearance before the final verdict. There are a few

solemn words from the judge, there is a rustle as the lawyers gather up

papers and sit back, and then fourteen very ordinary, very weary good

men and true, whose faces we had only seen in profile until then, rise

in their places. Their white and tired faces shine suddenly a pasty

yellow in the electric lamplight. The good men of the jury show us

their backs and walk slowly behind the desk of the Public Prosecutor to

a little door which we had not noticed till then, and which has just

been opened. Through this freshly opened door we stare across the court

up a flight of narrow stairs with red and grey carpets on them. The

verdict will come, presently, down that flight of narrow stairs. The

small door closes, and we wait.

As a rule a big criminal trial finishes late in the evening. Everybody

is sick of it. For the sake of the prisoner, for the sake of the judge,

for the sake of the jury, for the sake of the lawyers, for the sake of

the public, every one wants to get it over. Nobody wants yet another

adjournment. So it is usually at night that one sits and waits for the

verdict in a big Paris criminal trial, and although I have seen exactly

the same scene, and endured exactly the same sensations many times, the

scene has never lost its dramatic force, and the sensations are always

new. A sense of relief comes first. We have seen the prisoner, in a

state of semi-collapse as a rule, going out through the door of the

dock to the room behind it, where, on this last evening of the trial,

the prisoner is allowed to wait for the verdict which is to be rendered

before her return. We feel the relief that one feels when the fighting

is over, mingled with suspense and with pity for the wretched creature

who is waiting and is wondering. We realize that we are hungry, and

rush off to get a little food. We dare not stay to eat it, and return

with it to court again. The appearance of the court-room has changed

during the few minutes of our scamper to the buffet down below for

sandwiches. We have brought them back with us, and other people are

munching food, too, in the dust, the heat, the squalor of this room

from which the majesty of justice has departed with the red robed

tribunal, the jury, and the prisoner. There is a hubbub of excited talk

and much discussion. Municipal guards forget to keep order and chat

with us and with the barristers of the probabilities and possibilities

of the verdict. Every now and then there is a hubbub of excitement and

a sudden deathly stillness. The little door, beyond which we can see

those red and grey carpeted stairs, has opened. The jury are returning!

No, it is a false alarm. They are not quite clear on some formal point

or other, and they have sent for the judge. After one or more of these

alarms, suddenly, when nobody has expected it, the little door opens

and remains open. The jury really are returning this time. We see them

walk slowly down those narrow red and grey stairs, and file slowly into

the box. Their faces tell us nothing, but we all try to read them. The

presiding judge and his two assistant judges walk slowly in and take

their seats, at the long table. On their right, the red robed Public

Prosecutor who has followed them, stands at his desk, on their left

the lawyers for the defence stand in their seats in front of the empty

dock. The stillness which was broken for a moment while the court came

in becomes something tangible, something quite painful now. It has

a quality of the sensation one feels in a diving bell. Our eardrums

tingle with it. Then the judge’s voice breaks the strain. “There must

be not the least noise,” he says. “I will allow no demonstration of any

kind, whatever the verdict may be.” Somebody laughs, and is hushed down

with indignant sibilance. We know that there will be a demonstration

whatever the judge may say. There has never yet been a French trial

without one.

“Mr. Foreman of the Jury,” says the judge, “Be kind enough to let

us know the result of your deliberations.” If possible the silence

becomes greater yet. Then: “On my honour and on my conscience,” says

the foreman of the jury “before God and before men, the answer is ...

to all questions.” And pandemonium breaks forth. The answer to the

questions has to be “Yes” or “No”. The jury may not amplify it. They

will be asked, in the trial of Madame Caillaux, to decide whether

there was murder, whether there was murder with premeditation or

without it. They will be asked to state whether there are extenuating

circumstances, or whether there are none. On these answers, on this

simple “Yes” or “No” depends the fate of the prisoner. We see the

judge’s mouth open and shut, we see his hand rise and fall, but we have

heard no sound of his voice in the hubbub which the declaration of

the verdict has let loose. Then there is silence again. The judge has

ordered the prisoner to be brought in. The verdict is told her, and the

sentence, if there is a sentence, is rendered.

This is the way in which the curtain will fall on the last act of the

Caillaux Drama. Will it be a final curtain? And what will the jury’s

answer be to the questions which will be put to them? That, no man can

answer now. Madame Caillaux may of course be acquitted, though public

opinion in Paris considers this exceedingly unlikely. She may be found

guilty of murder with premeditation. The sentence decreed by the Code

for this is death, and nobody believes in or anticipates the likelihood

of such a verdict. If the verdict be “Murder without premeditation,” if

the jury finds extenuating circumstances, the Code decrees a minimum

of five years, either hard labour or confinement in a prison, and a

maximum of ten years. There is also the possibility that a sentence may

be passed of hard labour or imprisonment for life.

And beyond the verdict, beyond the sentence, what will the future of

this woman and her husband be? That no man can answer either, but we

all know that whatever happens, whatever the court decides, those shots

from a revolver in the office of the _Figaro_ on the afternoon of March

16, 1914, will never cease to echo in the lives of Joseph and Henriette

Caillaux.

And in the echo, lurks the tragic essence of the Caillaux drama.

THE END

INDEX

Agadir

M. Calmette asked not to publish telegrams, 96

M. Clemenceau and the Barthou Cabinet, 103

M. Caillaux open to criticism, 106

M. Calmette’s series of articles, 130

History of Agadir, 150

_Panther_ and _Berlin_ arrive, 165

M. Caillaux’s telegram, 166

Lord Morley in the _Times_, 168

Treaty, 259

Algeciras, Act of

The right of France to police Morocco, 151, 154

Alphonse de Neuville, Rue

Home of Madame Caillaux, 12, 13, 14, 17, 20

Aratra Mines

Company floated by M. Rochette, 210

Asquith

“extremely difficult” situation, 168

Auteuil

Home of M. Schneider, Boulevard Beauséjour, 121

Avenue d’Antin

Sale-rooms of Gastinne-Renette, 18

Banque, Franco-Espagnole

Company floated by M. Rochette, 184, 200, 207

Banque Perrier

M. Calmette calls M. Caillaux to account for heavy fine, 130

Baring Bros., London Bankers

concerned in Prieu affair, 118

Barrès

took part in debate in Chamber of Deputies, 42

Barthou, Minister of Justice

produced and read statement, 33, 96, 179

takes part in debate in Chamber of Deputies, 42

conversation with Mme. Gueydan and with M. Caillaux, 97

defeated by Clemenceau faction, 103

opposition to M. Caillaux, 104

comment on Bourse operation, 137

M. Fabre’s statement received from M. Briand, 242

Baxter, Miss, Mme. Caillaux’s English governess

letter for M. Caillaux, 289

Belgian Congo

Railway from German Cameroons, 164, 174

opinion in Great Britain and Belgium, 168

Bernard-Maurice, M. Rochette’s lawyer

statement by M. Fabre, 35, 38, 39, 232

represented M. Caillaux in divorce proceedings, 83, 181

M. Poincaré’s evidence, 83, 84, 85

M. Monis’ remarks, 181

charges of illegality made, 206

postponement of trial, 237, 238

threatened M. Fabre, 247

Bernstein, Henry, Jewish play-writer

play produced by Comédie Française, 65

Berr, Examining Magistrate

preparing Rochette case, 199

letter from M. Rochette, 200

M. Rochette’s complaint, 217

Bidault de L’Isle, Judge

question by M. Delahaye, 30

evidence before Commission of Inquiry, 31, 32

statement by M. Fabre, 35, 36, 38, 39, 40

pressure brought on him by M. Monis and M. Caillaux, 140, 240

contradictions in evidence, 228

evidence at Chamber of Correctional Appeal, 237, 238

Blanc, Examiner of M. Rochette’s books

M. Rochette’s trial a foregone conclusion, 218

Bloch-Laroque, friend of M. Fabre

statement by M. Fabre, 35, 39

conversation with M. Fabre on M. Bernard, 247

Boileau, Member of Prieu Syndicate

letters in the _Figaro_, 123

Boucard, Examining Magistrate

Madame Caillaux’s evidence, 18, 19, 20, 21, 286, 287

_Action Française_, 69

M. Caillaux and evidence of others, 80

evidence of M. Caillaux, 86, 87, 90, 93, 95

_re_ Prieu affair, 118

Madame Caillaux’s request, 277

Bourget, Paul

novelist and friend of M. Calmette, 6, 21

Briand, Minister of Justice in Monis Cabinet

received M. Fabre’s declaration, 32

statement handed to M. Barthou, 33

took part in debate in Chamber of Deputies, 42

favours Clemenceau party, 103

founded Federation of the Left, 104

Prime Minister, 153

resignation, 155

Monis Cabinet and desire to break away, 159

M. Caillaux’s epigram, 159, 163

interview with M. de Selves, _re_ “green document,” 173

handed M. Fabre’s statement to M. Barthou, 242

Buisson Hella

Company floated by M. Rochette, 184, 207

Caillaux, Eugène Alexandre, Inspector of Finance and Minister of State

father of M. Joseph Caillaux, 87

Calmette, Madame

divorce proceedings, 94

Cambon, Jules, French Ambassador in Berlin

troops to Fez, 164

reply of von Kiderlen Waechter, 165

M. de Selve’s request, 167

questions German Foreign Minister, 170

Cambon, Paul

instructions in relation to British Government, 166, 167

telegram from Berlin, 171

Cameroon

Franco-German understanding, 158, 159, 160, 167

Carpin, Police Commissioner

received journalists, 10, 11

no means of stopping _Figaro_ campaign, 13

Cassel, Sir Ernest

influence on behalf of M. Spitzer, 128

negotiations with Herr von Gwinner, 170

Ceccaldi

mentioned in M. Caillaux’s evidence, 100

charges of corruption, 126

member of second Commission, 193

Chauchard, Founder of Magasins du Louvre

legacy to M. Calmette, 95

Chaussée d’ Antin, Rue de la

situation of office of M. Gaudrion, 196

Claretie, Leo

first husband of Madame Caillaux, 286

Claretie, Madame Leo, second wife of M. Caillaux

became Madame Caillaux, 88, 90

Clemenceau

supporter of M. Pams, 102

against M. Barthou and his Cabinet, 103

general adviser, 104

letter published by M. Calmette, 135

head of Government, 152

out of office, 153

M. Caillaux and impeachment for high treason, 169

interview with M. de Selves, 173

discussion in the Chamber, 175-177

accused of moral complicity with M. Rochette, 191

initiates action in Rochette case, 193, 194

accusation of proceeding illegally, 206

evidence before Commission of Inquiry, 209, 212

Government not protecting M. Rochette, 226

Cochery

Finance Minister, 1909, 115

Compagnie Transatlantique

quarrel with South Atlantic Company and _Figaro’s_ accusation, 129

Congo

Franco-German understanding, 152, 155, 158, 159, 160, 167

convention with Germany, 163

M. Waechter’s answer to M. Cambon, 165

Germany’s demands, 168, 171

Conty, Director of Political Affairs in Foreign Office and now

French Minister at Pekin

Franco-German understanding in Congo, 158, 160

Corbeil

home of M. Pichereau, 196

Crédit Minier

Company floated by M. Rochette, 184, 201, 207, 218, 219, 222

Cruppi

Franco-German understanding in Congo, 158, 163

D’Ariste, Heir of M. Prieu

made over his rights to Syndicate, 119

Darracq

backed by M. Rochette, 220

Delahaye, Member of the Opposition

placed motion before the House, 27

declared M. Calmette intended to publish letter, 29

addressed question to M. Monis, 30

Prime Minister replies, 32

Desbons

Counsel for Madame Vitz, 75

Desclaux, chef de Cabinet de M. Caillaux

Madame Gueydan’s offer to journalist, 91, 92, 93

De Selves, Minister for Foreign Affairs

resignation of, 108

visit to Holland, 165

M. Caillaux’s instructions in opposition to his opinion, 166

returns from Holland and asks for explanation of agreement, 167

negotiations without his knowledge, 169, 176

telegram from Berlin to German Embassy in Paris, 171

the “green document,” 172

causes excitement, 174

speech before Senate in Committee, 175

D’Estournelles de Constant, friend of M. Caillaux

canvass for M. Caillaux, 257

Doumergue, Prime Minister

M. Caillaux telephones his resignation, 23

Cabinet Council, 24

speech of M. Delahaye, 27

speech in Chamber of Deputies, 32

challenged to a duel, 42

improbability of re-election, 43

M. Caillaux endeavouring to maintain Ministry, 107

M. Renoult, Minister of the Interior, 115

Doyen, Dr., surgeon

his opinion as to M. Calmette’s treatment, 277

Drouot, Rue

office of the _Figaro_, 2, 3, 4, 43

Du Mesnil, managing editor of the _Rappel_

statement by M. Fabre, 35, 39

Dupré, Jules

first husband of Madame Gueydan, 88, 95

Durand, Yves, chef de Cabinet de M. Lépine

sent for by M. Lépine, 194

ordered to find plaintiff, 194, 195

visits M. Gaudrion, 196, 198

sent to M. Monier, 197

accused of speculating, 199, 206

called as witness before Commission, 207

acquitted by M. Lépine of all dishonourable action, 208

Duret, M. Rochette’s Private Secretary

his evidence, 223

Fabre, Victor, Procureur Général

M. Calmette and letter, 26, 138

M. Delahaye’s question, 30

declaration carried by M. Calmette, 31

statement produced, 33

“deplorable abuse of influence,” 41

Madame Gueydan read letter, 97

story of pressure put upon him, 140

position at Aix, 180

evidence before Parliamentary Commission, 231, 232

cross-questioned, 234

statements _re_ Rochette case, 235-247

Fallières, President of the French Republic

Franco-German understanding in Congo, 158

warning at Cabinet Council, 160

visit to Tunis, 163

Faubourg Montmartre, Rue du

police-station, 3, 9, 12, 23, 44

Fez

French troops to be sent, 163, 164, 165

Fontainebleau

M. Rochette’s early life, 183

Fonvielle, Antoine de, lawyer Prieu Syndicate

letter to M. Calmette, 120, 122

Forichon, Presiding Judge in Court of Appeal

hears M. Poincaré’s evidence on oath, 81

François-Poncet

statement by M. Fabre, 36, 40

Fresnes

Modern prison, 46, 47

Gabon

Germany’s demands, 168

Gaillard, Doctor

Dentist of Madame Caillaux, 14

Gastinne-Renette

Armourer, 18, 19, 283

Gaudrion, a banker connected with Rochette case

willing to prosecute M. Rochette, 196

visited by M. Durand, 198

dealings in shares in M. Rochette’s Companies, 204

supplies a prosecutor in his stead, 225

German Cameroons

railway to Belgian Congo, 164, 174

Grange Batélière, Rue de la

other entrance to police station, 12

Grey, Sir Edward

refers to Belgian Congo, 168

Gueydan, Madame, first wife of M. Caillaux

divorced wife of M. Dupré, 88

letters burned, 89, 92

evidence before examining magistrate, 90, 91

read letters to M. Barthou, 97

M. Privat-Deschanel and burning of letters, 101, 129

“Ton Jo” letter, 146, 147

Guillemard, Madeleine

wrote in defence of letters, 86

Guiot, representative of bondholders of Moroccan Debt

visited German Foreign Office, 153

provisional agreement, 154

Gwinner, of the Deutsche Bank

negotiations, 170

Hartmann

owner of hospital, 4

Herbaux, new Procureur Général

probable prosecutor, 180

Homberg, André, Director of Société Générale

called on M. Caillaux, 129

_Figaro’s_ accusation, 130

Hotel Ritz

Madame Caillaux’s engagement for tea, 16, 20

Hottinguer and Co.

concerned in Prieu affair, 118

Humbert

notorious female prisoner, 12, 44

“Intermède Comique—Ton Jo”

Headline in _Figaro_, 98

Italian Embassy

Dinner-party, 13, 17, 23, 24

Jaurès

President Parliamentary Commission of Inquiry, 31, 41, 180

took part in debate in Chamber of Deputies, 42

Rochette affair, 141, 206, 238

tells committee the history of the Rochette case, 224-228

letter summoning M. Monis to Commission of Inquiry, 235

Jeanne

Soubrette in attendance on Madame Caillaux, 50, 51

Kissingen

French Ambassador’s conversation with German Secretary of State, 165

Lancken

first mention of Belgian Congo, 169

Lavedan

play-writer, 65

Laviana

Company floated by M. Rochette, 184, 207

Lebon, François, editor of _L’Œuvre_

attack on M. Caillaux and French Parliament, 125

Le Mans

letters sent to M. Caillaux “poste restante,” 286

Léonide, Sister, Chief Superintendent of prison nuns

description of, 47

“Bostock,” 48

duties in St. Lazare, 60, 62

Lépine, Prefect of Police

received orders to inquire into Rochette case, 194, 212, 226

previously urged authorities to take action, 195

sent M. Durand to M. Monier, 197

evidence before Commission of Inquiry, 197, 208, 210

opinion of M. Rochette, 209

Lloyd George

opinion on Congo question, 168

Luquet, Permanent Official in Ministry of Finance

intermediary between Government and Société Générale, 128

superseded and succeeded by M. Privat-Deschanel, 129

Malvy, Minister of Commerce

accompanies M. Caillaux, 12

sent to M. Caillaux to induce him to reconsider resignation, 24

appointed Minister Home Affairs, 25

Mamers

M. Caillaux’s constituency, 19, 88, 112, 132, 256, 257, 259, 260

Manchon Hella

Company floated by M. Rochette, 184, 185, 207

M. Pichereau’s investments, 197, 198

Mannesmann Brothers

claims and concessions, 163

Mascuraud Committee

association of parliamentarians and commercial men, 126

Mazars

letter in _Figaro_ from M. Prosper Sauvage, 123

Messimy, Colonial Minister in Monis Cabinet

instructed to declare Franco-German understanding impossible, 160

Michel, Louise

notorious prisoner, cell No. 12, 44

Millerand, Socialist, 255

Milliés-Lacroix, French Colonial Minister

interview with M. Pichon, 153

Mines de Liat

Company floated by M. Rochette, 184, 207

Mogador

telegram from M. Caillaux, 166

Moinier, General

troops at his disposal, 164

Monier, Procureur de la République?

president of the Civil Court, 13, 14

consulted by Madame Caillaux, 81, 99

interviewed by M. Durand, 197, 198

documents accusing M. Rochette, 207

Monis, Prime Minister and Minister of Marine

accusation against, 29

questioned by M. Delahaye and reply, 30

statement by M. Fabre, 33, 37, 138

resignation from Cabinet, 40

Minister of Marine, 104

article by M. Calmette, 139

brought pressure to bear on M. Fabre and Judge Bidault de L’Isle, 140

elected Prime Minister, 155

Cabinet defeated, 165

examination by Parliamentary Commission, 179, 180, 234-237

conversation in regard to trial of Rochette, 181, 182

M. Caillaux advises postponement of trial, 213

order for postponement of trial, 243, 245

Monniot

letter in _Figaro_ from M. Prosper Sauvage, 123, 124

Monquin, Head of Research Department, Paris Police

sent for by M. Lépine, 194

Morand, Albert, Artist of St. Lazare

honoured in Carnavalet Museum, 47

drawings in this volume, 47

Morley, Lord

letter in the _Times_, 168

Morocco

interests of France, 151, 152, 156

serious trouble, 160, 161, 163, 169

M. Caillaux’s telegram, 166

German Cabinet and the crisis, 171

Moroccan Company of Public Works

formed after approval of provisional agreement, 154

Mortier, Pierre, Editor of _Gil Blas_

would not use letters, 93

Neuilly

private hospital at, 3

N’Goko Tanga

charges of corruption by M. Ceccaldi, 126

offered to give up a portion of territory, 154

question in Parliament, 155

convention with Germany, 163

M. Caillaux explains failure of negotiations, 174

Pams, Rival of M. Poincaré

non-election resented by M. Clemenceau, 102

Paral Mexico

Company floated by M. Rochette, 184

Paris Omnibus Co.

M. Rochette endeavouring to get concession, 220

Pau

M. Caillaux founded Radical united party, 104

Paul, Dr. Chas., Medical Officer of Health

report of the autopsy after M. Calmette’s death, 283

Péret, Raoul

appointed Minister of Commerce, 25

Perrier, Minister of Justice (Monis Cabinet)

M. Calmette’s article, 139

Philippeau, Robert

reported conversation heard in Paris Tube, 284, 285

Pichereau, connected with M. Rochette’s enterprises

introduced by M. Gaudrion, 196

accusation against M. Rochette signed, 198

formal charge made, 199

M. Rochette in letter to examining magistrate, 201, 202

claim against M. Rochette, 202

documents in M. Rochette’s desk, 203

M. Rochette takes legal action, 205

prosecutor in M. Gaudrion’s stead, 225

Pichon

South American Bank Loan refused, 134

Foreign Minister, 152, 153

convention with Germany, 163

Pierre Charron, Rue

M. Caillaux’s house, 89

Pierre de Fouquières of the Protocol, 13

Place Beauvau

situation of Home Office, 194

Poincaré, President of the French Republic

hears of the tragedy, 24

signs decrees, 25

evidence on oath, 79, 80, 81, 86

conversation with M. Caillaux, 82

election to Presidency and M. Clemenceau, 102, 103

M. Calmette in the _Figaro_, 108

Prime Minister, 140

Poirier, Henri, intimate friend of M. Spitzer

M. Calmette’s comment on Finance Minister’s resignation, 133

Potsdam Agreement

soothed Russian fears, 165

Prestat, father of Madame Calmette

chairman of _Figaro_ Co., 94

Prevet, Managing Director _Le Petit Journal_

M. Rochette’s attack, 187, 191

realizes effects of M. Rochette’s tactics, 189, 190

told M. Durand M. Gaudrion would prosecute, 196

M. Durand complains he has been misled, 199

_Petit Journal_ and shareholders, 214, 215

Prieu, French merchant living in Brazil

M. Caillaux accused by _Figaro_, 106

misspelled “Priou,” 114

heirs claim concessions, 115, 116

difficulty of settlement, 117

claim on Government, 118, 119

M. de Fonvielle’s letter, 120

M. Schneider pressed claims, 121

members of Prieu Syndicate, 123

article in _L’Œuvre_, 125

Privat-Deschanel, Secretary of the Ministry of Finance

letters burned, 89

M. Boucard’s call, 90

evidence of, 101

successor to M. Luquet in Ministry of Finance, 129

Rabier, one of M. Rochette’s lawyers

received large sums, 220

Raynouard

maiden name of Madame Caillaux, 88

Renoult, René, Member of Cabinet

appointed Minister of Finance in M. Caillaux’s stead, 25

Under Secretary for Finance, 1909, 115

lawyer of one of M. Rochette’s Companies, 220

Reymond, Doctor

present with Calmette, 3, 7

Richepin, Jean

quotation, 297

The Caillaux Drama · 第 14 / 15 段