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 pa.s.sed 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 a.s.sertion, 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 a.s.sizes of the Last Judgment.

CHAPTER XVIII. TRIAL CONTINUED: CRUEL VICISSITUDES

On the morrow the witnesses for the prosecution were examined,--Madame Marion, Madame Grevin, Grevin himself, the senator's valet, and Violette, whose testimony can readily be imagined from the facts already told. They all identified the five prisoners, with more or less hesitation as to the four gentlemen, but with absolute certainty as to Michu. Beauvisage repeated Robert d'Hauteserre's speech when he met them at daybreak in the park. The peasant who had bought Monsieur d'Hauteserre's calf testified to overhearing that of Mademoiselle de Cinq-Cygne. The experts, who had compared the hoof-prints with the shoes on the horses ridden by the five prisoners and found them absolutely alike, confirmed their previous depositions. This point was naturally one of vehement contention between Monsieur de Grandville and the prosecuting officer. The defence called the blacksmith at Cinq-Cygne and succeeded in proving that he had sold several horseshoes of the same pattern to strangers who were not known in the place. The blacksmith declared, moreover, that he was in the habit of shoeing in this particular manner not only the horses of the chateau de Cinq-Cygne, but those from other places in the canton. It was also proved that the horse which Michu habitually rode was always shod at Troyes, and the mark of that shoe was not among the hoof-prints found in the park.

"Michu's double was not aware of this circ.u.mstance, or he would have provided for it," said Monsieur de Grandville, looking at the jury.

"Neither has the prosecution shown what horses our clients rode."

He ridiculed the testimony of Violette so far as it concerned a recognition of the horses, seen from a long distance, from behind, and after dusk. Still, in spite of all his efforts, the body of the evidence was against Michu; and the prosecutor, judge, jury, and audience were impressed with a feeling (as the lawyers for the defence had foreseen) that the guilt of the servant carried with it that of the masters. So the vital interest centred on all that concerned Michu. His bearing was n.o.ble. He showed in his answers the sagacity with which nature had endowed him; and the public, seeing him on his mettle, recognized his superiority. And yet, strange to say, the more they understood him the more certainty they felt that he was the instigator of the outrage.

The witnesses for the defence, always less important in the eyes of a jury and of the law than the witnesses for the prosecution, seemed to testify as in duty bound, and were listened to with that allowance. In the first place neither Marthe, nor Monsieur and Madame d'Hauteserre took the oath. Catherine and the Durieus, in their capacity as servants, did not take it. Monsieur d'Hauteserre stated that he had ordered Michu to replace and mend the stone post which had been thrown down. The deposition of the experts sent to examine the fence, which was now read, confirmed his testimony; but they helped the prosecution by declaring they could not fix the exact time at which the repairs had been made; it might have been several weeks or no more than twenty days.

The appearance of Mademoiselle de Cinq-Cygne excited the liveliest curiosity; but the sight of her cousins in the prisoners' dock after three weeks' separation affected her so much that her emotions gave the audience an impression of guilt. She felt an overwhelming desire to stand beside the twins, and was obliged, as she afterwards admitted, to use all her strength to repress the longing that came into her mind to kill the prosecutor so as to stand in the eyes of the world as a criminal beside them. She testified, with simplicity, that riding from Cinq-Cygne and seeing smoke in the park of Gondreville, she had supposed there was a fire; at first she thought they were burning weeds or brush; "but later," she added, "I observed a circ.u.mstance which I offer to the attention of the Court. I found in the frogging of my habit and in the folds of my collar small fragments of what appeared to be burned paper which were floating in the air."

"Was there much smoke?" asked Bordin.

"Yes," replied Mademoiselle de Cinq-Cygne, "I feared a conflagration."

"This is enough to change the whole inquiry," remarked Bordin. "I request the Court to order an immediate examination of that region of the park where the fire occurred."

The president ordered the inquiry.

Grevin, recalled by the defence and questioned on this circ.u.mstance, declared he knew nothing about it. But Bordin and he exchanged looks which mutually enlightened them.

"The gist of the case is there," thought the old notary.

"They've laid their finger on it," thought the notary.

But each shrewd head considered the following up of this point useless.

Bordin reflected that Grevin would be silent as the grave; and Grevin congratulated himself that every sign of the fire had been effaced.

To settle this point, which seemed a mere accessory to the trial and somewhat puerile (but which is really essential in the justification which history owes to these young men), the experts and Pigoult, who were despatched by the president to examine the park, reported that they could find no traces of a bonfire.

Bordin summoned two laborers, who testified to having dug over, under the direction of the forester, a tract of ground in the park where the gra.s.s had been burned; but they declared they had not observed the nature of the ashes they had buried.

The forester, recalled by the defence, said he had received from the senator himself, as he was pa.s.sing the chateau of Gondreville on his way to the masquerade at Arcis, an order to dig over that particular piece of ground which the senator had remarked as needing it.

"Had papers, or herbage been burned there?"

"I could not say. I saw nothing that made me think that papers had been burned there," replied the forester.

"At any rate," said Bordin, "if, as it appears, a fire was kindled on that piece of ground some one brought to the spot whatever was burned there."

The testimony of the abbe and that of Mademoiselle Goujet made a favorable impression. They said that as they left the church after vespers and were walking towards home, they met the four gentlemen and Michu leaving the chateau on horseback and making their way to the forest. The character, position, and known uprightness of the Abbe Goujet gave weight to his words.

The summing up of the public prosecutor, who felt sure of obtaining a verdict, was in the nature of all such speeches. The prisoners were the incorrigible enemies of France, her inst.i.tutions and laws. They thirsted for tumult and conspiracy. Though they had belonged to the army of Conde and had shared in the late attempts against the life of the Emperor, that magnanimous sovereign had erased their names from the list of _emigres_. This was the return they made for his clemency! In short, all the oratorical declamations of the Bourbons against the Bonapartists, which in our day are repeated against the republicans and the legitimists by the Younger Branch, flourished in the speech. These trite commonplaces, which might have some meaning under a fixed government, seem farcical in the mouth of administrators of all epochs and opinions.

A saying of the troublous times of yore is still applicable: "The label is changed, but the wine is the same as ever." The public prosecutor, one of the most distinguished legal men under the Empire, attributed the crime to a fixed determination on the part of returned _emigres_ to protest against the sale of their estates. He made the audience shudder at the probable condition of the senator; then he ma.s.sed together proofs, half-proofs, and probabilities with a cleverness stimulated by a sense that his zeal was certain of its reward, and sat down tranquilly to await the fire of his opponents.

Monsieur de Grandville never argued but this one criminal case; and it made his reputation. In the first place, he spoke with the same glowing eloquence which to-day we admire in Berryer. He was profoundly convinced of the innocence of his clients, and that in itself is a most powerful auxiliary of speech. The following are the chief points of his defence, which was reported in full by all the leading newspapers of the period.

In the first place he exhibited the character and life of Michu in its true light. He made it a n.o.ble tale, ringing with lofty sentiments, and it awakened the sympathies of many. When Michu heard himself vindicated by that eloquent voice, tears sprang from his yellow eyes and rolled down his terrible face. He appeared then for what he really was,--a man as simple and as wily as a child; a being whose whole existence had but one thought, one aim. He was suddenly explained to the minds of all present, more especially by his tears, which produced a great effect upon the jury. His able defender seized that moment of strong interest to enter upon a discussion of the charges:--

"Where is the body of the person abducted? Where is the senator?" he asked. "You accuse us of walling him up with stones and plaster. If so, we alone know where he is; you have kept us twenty-three days in prison, and the senator must be dead by this time for want of food. We are therefore murderers, but you have not accused us of murder. On the other hand, if he still lives, we must have accomplices. If we have them, and if the senator is living, we should a.s.suredly have set him at liberty.

The scheme in relation to Gondreville which you attribute to us is a failure, and only aggravates our position uselessly. We might perhaps obtain a pardon for an abortive attempt by releasing our victim; instead of that we persist in detaining a man from whom we can obtain no benefit whatever. It is absurd! Take away your plaster; the effect is a failure," he said, addressing the public prosecutor. "We are either idiotic criminals (which you do not believe) or the innocent victims of circ.u.mstances as inexplicable to us as they are to you. You ought rather to search for the ma.s.s of papers which were burned at Gondreville, which will reveal motives stronger far than yours or ours and put you on the track of the causes of this abduction."

The speaker discussed these hypotheses with marvellous ability. He dwelt on the moral character of the witnesses for the defence, whose religious faith was a living one, who believed in a future life and in eternal punishment. He rose to grandeur in this part of his speech and moved his hearers deeply:--

"Remember!" he said; "these criminals were tranquilly dining when told of the abduction of the senator. When the officer of gendarmes intimated to them the best means of ending the whole affair by giving up the senator, they refused, for they did not understand what was asked of them!"

Then, reverting to the mystery of the matter, he declared that its solution was in the hands of time, which would eventually reveal the injustice of the charge. Once on this ground, he boldly and ingeniously supposed himself a juror; related his deliberations with his colleagues; imagined his distress lest, having condemned the innocent, the error should be known too late, and drew such a picture of his remorse, dwelling on the grave doubts which the case presented, that he brought the jury to a condition of intense anxiety.

Juries were not in those days so blase to this sort of allocution as they are now; Monsieur de Grandville's appeal had the power of things new, and the jurors were evidently shaken. After this pa.s.sionate outburst they had to listen to the wily and specious prosecutor, who went over the whole case, brought out the darkest points against the prisoners and made the rest inexplicable. His aim was to reach the minds and the reasoning faculties of his hearers just as Monsieur de Grandville had aimed at the heart and the imagination. The latter, however, had seriously entangled the convictions of the jury, and the public prosecutor found his well-laid arguments ineffectual. This was so plain that the counsel for the Messieurs d'Hauteserre and Gothard appealed to the judgment of the jury, asking that the case against their clients be abandoned. The prosecutor demanded a postponement till the next day in order that he might prepare an answer. Bordin, who saw acquittal in the eyes of the jury if they deliberated on the case at once, opposed the delay of even one night by arguments of legal right and justice to his innocent clients; but in vain,--the court allowed it.

"The interests of society are as great as those of the accused," said the president. "The court would be lacking in equity if it denied a like request when made by the defence; it ought therefore to grant that of the prosecution."

"All is luck or ill-luck!" said Bordin to his clients when the session was over. "Almost acquitted tonight you may be condemned to-morrow."

"In either case," said the elder de Simeuse, "we can only admire your skill."

Mademoiselle de Cinq-Cygne's eyes were full of tears. After the doubts and fears of the counsel for the defence, she had not expected this success. Those around her congratulated her and predicted the acquittal of her cousins. But alas! the matter was destined to end in a startling and almost theatrical event, the most unexpected and disastrous circ.u.mstance which ever changed the face of a criminal trial.