The Avocat-General, M. de Broe, stated the case for the prosecution. He
made, as probably was his duty, as much as he could of the arsenic said
to have been found in the body (that precipitated as yellow sulphur of
arsenic), and of the adultery of Mme Boursier with Kostolo. He dwelt on
the cleaning of the soup-dish, and pointed out that while the soup stood
on the desk Mme Boursier had been here and there near it, never out of
arm's reach. In regard to Kostolo, the Greek was a low scallywag, but
not culpable.
The prosecution, you observe, rested on the poison's being administered
in the soup.
In his speech for the defence the eloquent Maitre Couture began by
condemning the gossip and the popular rumour on which the case had
been begun. He denounced the action of the magistrates in instituting
proceedings as deplorably unconsidered and hasty.
Mme Boursier, he pointed out, had everything to lose through the loss of
her husband. Why should she murder a fine merchant like Boursier for a
doubtful quantity like Kostolo? He spoke of the happy relationship that
had existed between husband and wife, and, in proof of their kindness
for each other, told of a comedy interlude which had taken place on the
Sunday morning.
Boursier, he said, had to get up before his wife that morning, rising at
six o'clock. His rising did not wake his wife, and, perhaps humorously
resenting her lazy torpor, he found a piece of charcoal and decorated
her countenance with a black moustache. It was true that Mme Boursier
showed some petulance over her husband's prank when she got down
at eight o'clock, but her ill-humour did not last long. Her husband
caressed and petted her, and before long the wife joined her
merry-minded husband in laughing over the joke against her. That, said
Maitre Couture, that mutual laughter and kindness, seemed a strange
preliminary to the supposed poisoning episode of two hours or so later.
The truth of the matter was that Boursier carried the germ of death in
his own body. What enemy had he made? What vengeance had he incurred?
Maitre Couture reminded the jury of Boursier's poor physical condition,
of his stoutness, of the shortness of his neck. He brought forward
Toupie's evidence of Boursier's illness of the previous year, alike in
symptoms and in the sufferings of the invalid to that which proved fatal
on Tuesday the 30th of June. Then Maitre Couture proceeded to tear the
medical evidence to pieces, and returned to the point that Mme Boursier
had been sleeping so profoundly, so serenely, on the morning of her
supposed contemplated murder that the prank played on her by her
intended victim had not disturbed her.
The President's address then followed. The jury retired, and returned
with a verdict of "Not guilty."
On this M. Hardouin discharged the accused, improving the occasion with
a homily which, considering the ordeal that Mme Boursier had had to
endure through so many months, and that might have been considered
punishment enough, may be quoted merely as a fine specimen of salting
the wound:
"Veuve Boursier," said he, "you are about to recover that liberty which
suspicions of the gravest nature have caused you to lose. The jury
declares you not guilty of the crime imputed to you. It is to be
hoped that you will find a like absolution in the court of your own
conscience. But do not ever forget that the cause of your unhappiness
and of the dishonour which, it may be, covers your name was the disorder
of your ways and the violation of the most sacred obligations. It is to
be hoped that your conduct to come may efface the shame of your conduct
in the past, and that repentance may restore the honour you have lost."