The sergeant said that we must put a policeman at our door to prevent quarrels, for some of them said that they lost their turn, and that their money was as good as anybody's.

It will be a good many years before such a crowd will be seen again in front of a Phalsburg shop.

I had only time to tell my wife that Burguet would defend the deserter, and then went down into the cellar to fill the two tuns at the counter, which were already empty.

A fortnight after, Sorle doubled the price; our first two pipes were sold, and this extra price did not lessen the demand.

Men always find money for brandy and tobacco, even when they have none left for bread. This is why governments impose their heaviest taxes upon these two articles; they might be heavier still without diminishing their use--only, children would starve to death.

I have seen this--I have seen this great folly in men, and I am astonished whenever I think of it.

That day we kept on selling until seven o'clock in the evening, when the tattoo was sounded.

My pleasure in making money had made me forget the deserter; I did not think of him again till after supper, when night set in; but I did not say a word about him; we were all so tired and so delighted with the day's profits that we did not want to be troubled with thinking of such things. But after Zeffen and the children had retired, I told Sorle of our visit to the prisoner. I told her, too, that Burguet had hopes, which made her very happy.

About nine o'clock, by G.o.d's blessing, we were all asleep.

XV

TRIAL OF THE DESERTER

You can believe, Fritz, that I did not sleep much that night, notwithstanding my fatigue. The thought of the deserter tormented me.

I knew that if he should be shot, Zeffen and Sorle would be inconsolable; and I knew, too, that after three or four years the vile race would say: "Look at this Moses, with his large brown cloak, his cape turned down over the back of his neck, and his respectable look--well, during the blockade he caused the arrest of a poor deserter, who was shot: so much you can trust a Jew's appearance!"

They would have said this, undoubtedly; for the only consolation of villains is to make people think that everybody is like themselves.

And then how often should I reproach myself for this man's death, in times of misfortune or in my old age, when I should not have a minute's peace! How often should I have said that it was a judgment of the Lord, that it was on account of this deserter.

So I wanted to do immediately all that I could, and by six o'clock in the morning I was in my old shop in the market with my lantern, selecting epaulettes and my best clothes. I put them in a napkin and took them to Harmantier at daybreak.

The special council of war, which was called--I do not know why--the _Ventose_ council, was to meet at nine o'clock. It was composed of a major, president, four captains, and two lieutenants. Monbrun, the captain of the foreign legion, was judge-advocate, and Brigadier Duphot recorder.

It was astonishing how the whole city knew about it beforehand, and that by seven o'clock the Nicaises, and Pigots, and Vinatiers, etc., had left their rickety quarters, and had already filled the whole mayoralty, the arch, the stairway, and the large room above, laughing, whistling, stamping, as if it were a bear-fight at Klein's inn, the "Ox."

You do not see things like that nowadays, thank G.o.d! men have become more gentle and humane. But after all these wars, a deserter met with less pity than a fox caught in a trap, or a wolf led by the muzzle.

As I saw all this, my courage failed; all my admiration for Burguet's talents could not keep me from thinking:

The man is lost! Who can save him, when this crowd has come on purpose to see him condemned to death, and led to the Glaciere bastion?

I was overwhelmed by the thought.

I went trembling into Harmantier's little room, and said to him: "This is for the deserter; take it to him from me." "All right!" said he.

I asked him if he had confidence in Burguet. He shrugged his shoulders, and said: "We must have examples."

The stamping outside continued, and when I went out there was a great whistling in the balcony, the arch, and everywhere, and shouts of "Moses! hey, Moses! this way!"

But I did not turn my head, and went home very sad.

Sorle handed me a summons to appear as a witness before the court-martial, which a gendarme had just brought; and till nine o'clock I sat meditating behind the stove, trying to think of some way of escape for the prisoner.

Safel was playing with the children; Zeffen and Sorle had gone down to continue our sales.

A few minutes before nine I started for the townhouse, which was already so crowded that, had it not been for the guard at the door, and the gendarmes scattered within the building, the witnesses could hardly have got in.

Just as I got there, Captain Monbrun was beginning to read his report.

Burguet sat opposite, with his head leaning on his hand.

They showed me into a little room, where were Winter, Chevreux, Dubourg, and the gendarme Fiegel; so that we didn't hear anything before being called.

On the wall at the right it was written in large letters that any witness who did not tell the truth, should be delivered to the council, and suffer the same penalty as the accused. This made one consider, and I resolved at once to conceal nothing, as was right and sensible.

The gendarme also informed us that we were forbidden to speak to each other.

After a quarter of an hour Winter was summoned, and then, at intervals of ten minutes, Chevreux, Dubourg, and myself.

When I went into the court-room, the judges were all in their places; the major had laid his hat on the desk before him; the recorder was mending his pen. Burguet looked at me calmly. Without they were stamping, and the major said to the brigadier:

"Inform the public that if this noise continues, I shall have the mayoralty cleared."

The brigadier went out at once, and the major said to me:

"National guard Moses, make your deposition. What do you know?"

I told it all simply. The deserter at the left, between two gendarmes, seemed more dead than alive. I would gladly have acquitted him of everything; but when a man fears for himself, when old officers in full dress are scowling at you as if they could see through you, the simplest and best way is not to lie. A father's first thought should be for his children! In short, I told everything that I had seen, nothing more or less, and at last the major said to me:

"That is enough; you may go."

But seeing that the others, Winter, Chevreux, Dubourg, remained sitting on a bench at the left, I did the same.

Almost immediately five or six good-for-nothings began to stamp and murmur, "Shoot him! shoot him!" The president ordered the brigadier to arrest them, and in spite of their resistance they were all led to prison. Silence was then established in the court-room, but the stampings without continued.

"Judge-advocate, it is your turn to speak," said the major.

This judge-advocate, who seems now before my eyes, and whom I can almost hear speak, was a man of fifty, short and thick, with a short neck, long, thick, straight nose, very wide forehead, shining black hair, thin mustaches, and bright eyes. While he was listening, his head turned right and left as if on a pivot; you could see his long nose and the corner of his eye, but his elbows did not stir from the table. He looked like one of those large crows which seem to be sleeping in the fields at the close of autumn, and yet see everything that is going on around them.

Now and then he raised his arm as if to draw back his sleeve, as advocates have a way of doing. He was in full dress, and spoke terribly well, in a clear and strong voice, stopping and looking at the people to see if they agreed with him; and if he saw even a slight grimace, he began again at once in some other way, and, as it were, obliged you to understand in spite of yourself.

As he went on very slowly, without hurrying or forgetting anything, to show that the deserter was on the road when we arrested him, that he not only had the intention of escaping, but was already outside of the city, quite as guilty as if he had been found in the ranks of the enemy--as he clearly showed all this, I was angry because he was right, and I thought to myself, "Now, what was there to be said in reply."

And then, when he said that the greatest of crimes was to abandon one's flag, because one betrays at once his country, his family, all that has a right to his life, and makes himself unworthy to live; when he said that the court would follow the conscience of all who had a heart, of all who held to the honor of France; that he would give a new example of his zeal for the safety of the country and the glory of the Emperor; that he would show the new recruits that they could only succeed by doing their duty and by obeying orders; when he said all this with terrible power and clearness, and I heard from time to time, a murmur of a.s.sent and admiration, then, Fritz, I thought that the Lord alone was able to save that man!

The deserter sat motionless, his arms folded on the dock, and his face upon them. He felt, doubtless, as I did, and every one in the room, and the court itself. Those old men seemed pleased as they heard the judge-advocate express so well what had all along been their own opinion. Their faces showed their satisfaction.

This lasted for more than an hour. The captain sometimes stopped a moment to give his audience time to reflect on what he had said. I have always thought that he must have been attorney-general, or something more dangerous still to deserters.