“And I wish to point out that this is not one of those explanations
which are invented, after the fact, to meet the necessities of a
doubtful case. We have absolute and overwhelming proof of it. M. de
Boiscoran did not have the little match-box which he usually carries
about him, at that time, because he had left it at M. de Chandore’s
house, on the mantelpiece, where I have seen it, and where it still is.”
P.--That is sufficient, M. Magloire. Let the defendant go on.
A.--I wanted to smoke; and so I resorted to the usual expedient, which
all sportsmen know. I tore open one of my cartridges, put, instead of
the lead, a piece of paper inside, and set it on fire.
P.--And thus you get a light?
A.--Not always, but certainly in one case out of three.
P.--And the operation blackens the hands?
A.--Not the operation itself. But, when I had lit my cigar, I could not
throw away the burning paper as it was: I might have kindled a regular
fire.
P.--In the marshes?
A.--But, sir, I smoked five or six cigars during the evening, which
means that I had to repeat the operation a dozen times at least, and
in different places,--in the woods and on the high-road. Each time I
quenched the fire with my fingers; and, as the powder is always greasy,
my hands naturally became soon as black as those of a charcoal-burner.
The accused gives this explanation in a perfectly natural but still
rather excited manner, which seems to make a great impression.
P.--Let us go on to your gun. Do you recognize it?
A.--Yes, sir. May I look at it?
P.--Yes.
The accused takes up the gun with feverish eagerness, snaps the two
cocks, and puts one of his fingers inside the barrels.
He turns crimson, and, bending down to his counsel, says a few words to
them so quickly and so low, that they do not reach us.
P.--What is the matter?
M. MAGLOIRE.--(Rising.) A fact has become patent which at once
establishes the innocence of M. de Boiscoran. By providential
intercession, his servant Anthony had cleaned the gun two days before
the day of the crime. It appears now that one of the barrels is still
clean, and in good condition. Hence it cannot be M. de Boiscoran who has
fired twice at Count Claudieuse.
During this time the accused has gone up to the table on which the
objects are lying. He wraps his handkerchief around the ramrod, slips it
into one of the barrels, draws it out again, and shows that it is hardly
soiled.
The whole audience is in a state of great excitement.
P.--Do the same thing to the other barrel.
The accused does it. The handkerchief remains clean.
P.--You see, and still you have told us that you had burnt, perhaps, a
dozen cartridges to light your cigars. But the prosecution had foreseen
this objection, and they are prepared to meet it. Sheriff, bring in the
witness, Maucroy.
Our readers all know this gentleman, whose beautiful collection of
weapons, sporting-articles, and fishing-tackle, is one of the ornaments
of our great Square. He is dressed up, and without hesitation takes the
required oath.
P.--Repeat your deposition with regard to this gun.
WITNESS.--It is an excellent gun, and very costly: such guns are not
made in France, where people are too economical.
At this answer the whole audience laughs. M. Maucroy is not exactly
famous for cheap bargains. Even some of the jurymen can hardly control
their laughter.
P.--Never mind your reflections on that object. Tell us only what you
know about the peculiarities of this gun.
WITNESS.--Well, thanks to a peculiar arrangement of the cartridges, and
thanks, also, to the special nature of the fulminating material, the
barrels hardly ever become foul.
A.--(Eagerly.) You are mistaken, sir. I have myself cleaned my gun
frequently; and I have, just on the contrary, found the barrels
extremely foul.
WITNESS.--Because you had fired too often. But I mean to say that you
can use up two or three cartridges without a trace being left in the
barrels.
A.--I deny that positively.
P.--(To witness.) And if a dozen cartridges were burnt?
WITNESS.--Oh, then, the barrels would be very foul.
P.--Examine the barrels, and tell us what you see.
WITNESS.--(After a minute examination.) I declare that two cartridges
cannot have been used since the gun was cleaned.
P.--(To the accused.) Well, what becomes of that dozen cartridges which
you have used up to light your cigars, and which had blackened your
hands so badly?
M. MAGLOIRE.--The question is too serious to be left entirely in the
hands of a single witness.
THE PROSECUTING ATTORNEY.--We only desire the truth. It is easy to make
an experiment.
WITNESS.--Oh, certainly!
P.--Let it be done.
Witness puts a cartridge into each barrel, and goes to the window to
explode them. The sudden explosion is followed by the screams of several
ladies.
WITNESS.--(Returning, and showing that the barrels are no more foul than
they were before.) Well, you see I was right.
P.--(To the accused.) You see this circumstance on which you relied so
securely, so far from helping you, only proves that your explanation of
the blackened state of your hands was a falsehood.
Upon the president’s order, witness is taken out, and the examination of
the accused is continued.
P.--What were your relations with Count Claudieuse?
A.--We had no intercourse with each other.
P.--But it was known all over the country that you hated him?
A.--That is a mistake. I declare, upon my honor, that I always looked
upon him as the best and most honorable of men.
P.--There, at least, you agree with all who knew him. Still you are at
law with him?
A.--I have inherited that suit from my uncle, together with his fortune.
I carried it on, but very quietly. I asked for nothing better than a
compromise.
P.--And, when Count Claudieuse refused, you were incensed?
A.--No.
P.--You were so irritated against him, that you once actually aimed your
gun at him. At another time you said, “He will not leave me alone till I
put a ball into him.” Do not deny! You will hear what the witnesses say.
Thereupon, the accused resumes his place. He looks as confident as
ever, and carries his head high. He has entirely overcome any feeling
of discouragement, and converses with his counsel in the most composed
manner.
There can be no doubt, that, at this stage of the proceedings, public
opinion is on his side. He has won the good-will even of those who came
there strongly prejudiced. No one can help being impressed by his proud
but mournful expression of fate; and all are touched by the extreme
simplicity of his answers.
Although the discussion about the gun has not turned out to his
advantage, it does not seem to have injured him. People are eagerly
discussing the question of the fouling of guns. A number of incredulous
persons, whom the experiment has not convinced, maintain that M. Maucroy
has been too rash in his statements. Others express surprise at the
reserve shown by counsel,--less by that of M. Folgat, who is unknown
here, than by that of M. Magloire, who usually allows no opportunity to
escape, but is sure to profit by the smallest incident.
The proceedings are not exactly suspended; but there is a pause, whilst
the ushers cover the articles on the table once more with red cloth,
and, after several comings and goings, roll a large arm-chair in front
of the judge’s seat.
At last one of the ushers comes up to the president, and whispers
something into his ear.
The president only nods his head.