I remember that he said, in closing, "You will make an example! You will be of one mind. You will not forget that, at this time, firmness in the court is more necessary than ever to the safety of the country."

When he sat down, such a murmur of approbation arose in the room that it reached the stairway at once, and we heard the shouts outside, "_Vive l'Empereur_!"

The major and the other members of the council looked smilingly at each other, as if to say, "It is all settled. What remains is a mere formality!"

The shouts without increased. This lasted more than ten minutes. At last the major said:

"Brigadier, if the tumult continues, clear the town-house! Begin with the court-room!"

There was silence at once, for every one was curious to know what Burguet would say in reply. I would not have given two farthings for the life of the deserter.

"Counsel for the prisoner, you have the floor!" said the major, and Burguet rose.

Now, Fritz, if I had an idea that I could repeat to you what Burguet said, for a whole hour, to save the life of a poor conscript; if I should try to depict his face, the sweetness of his voice, and then his heart-rending cries, and then his silent pauses and his appeals--if I had such an idea, I should consider myself a being full of pride and vanity!

No; nothing finer was ever heard. It was not a man speaking; it was a mother, trying to s.n.a.t.c.h her babe from death! Ah! what a great thing it is to have this power of moving to tears those who hear us! But we ought not to call it talent, it is heart.

"Who is there without faults? Who does not need pity?"

This is what he said, as he asked the council if they could find a perfectly blameless man; if evil thoughts never came to the bravest; if they had never, for even a day or a moment, had the thought of running away to their native village, when they were young, when they were eighteen, when father and mother and the friends of their childhood were living, and they had not another in the world. A poor child without instruction, without knowledge of the world, brought up at hap-hazard, thrown into the army--what could you expect of him? What fault of his could not be pardoned? What does he know of country, the honor of his flag, the glory of his Majesty? Is it not later in life that these great ideas come to him?

And then he asked those old men if they had not a son, if they were sure that, even at that moment, that son were not committing an offence which was liable to the punishment of death. He said to them:

"Plead for him! What would you say? You would say, 'I am an old soldier. For thirty years I have shed my blood for France. I have grown gray upon the battle-fields, I am riddled with wounds, I have gained every rank at the point of the sword. Ah, well! take my epaulettes, take my decorations, take everything; but save my child!

Let my blood be the ransom for his offence! He does not know the greatness of his crime; he is too young; he is a conscript; he loved us; he longed to embrace us, and then go back again--he loved a maiden.

Ah! you, too, have been young! Pardon him. Do not disgrace an old soldier in his son.'

"Perhaps you could say, too, 'I had other sons. They died for their country. Let their blood answer for his, and give me back this one--the last that I have left!'

"This is what you would say, and far better than I, because you would be the father, the old soldier speaking of his own services! Well, the father of this youth could speak like you! He is an old soldier of the Republic! He went with you, perhaps, when the Prussians entered Champagne! He was wounded at Fleurus! He is an old comrade in arms!

His oldest son was left behind in Russia!"

And Burguet turned pale as he spoke. It seemed as if grief had robbed him of his strength, and he were about to fall. The silence was so great that we heard the breathing throughout the court-room. The deserter sobbed. Everybody thought, "It is done! Burguet need say no more! It must be that he has gained his cause!"

But all at once he began again in another and more tender manner.

Speaking slowly, he described the life of a poor peasant and his wife, who had but one comfort, one solitary hope on earth--their child! As we listened we saw these poor people, we heard them talk together, we saw over the door the old chapeau of the time of the Republic. And when we were thinking only of this, suddenly Burguet showed us the old man and his wife learning that their son had been killed, not by Russians or Germans, but by Frenchmen. We heard the old man's cry!

But it was terrible, Fritz! I wanted to run away. The officers of the council, several of whom were married men, looked before them with fixed eyes, and clinched hands; their gray mustaches shook. The major had raised his hand two or three times, as if to signify that it was enough, but Burguet had always something still more powerful, more just, more grand to add. His plea lasted till nearly eleven, when he sat down. There was not a murmur to be heard in the three rooms nor outside. And the judge-advocate on the other side began again, saying that all that signified nothing, that it was unfortunate for the father that his son was unworthy, that every man clung to his children, that soldiers must be taught not to desert in face of the enemy; that, if the court yielded to such arguments, n.o.body would ever be shot, discipline would be utterly destroyed, the army could not exist, and that the army was the strength and glory of the country.

Burguet replied almost immediately. I cannot recall what he said; my head could not hold so many things at once: but I shall never forget this, that about one o'clock, the council having sent us away that they might deliberate--the prisoner meanwhile having been taken back to his cell--after a few minutes we were allowed to return, and the major, standing on the platform where conscriptions were drawn, declared that the accused Jean Balin was acquitted, and gave the order for his immediate release.

It was the first acquittal since the departure of the Spanish prisoners before the blockade; the rowdies, who had come in crowds to see a man condemned and shot, could not believe it; several of them exclaimed: "We are cheated!"

But the major ordered Brigadier Descarmes to take the names of these brawlers, so that they should be seen to; then the whole ma.s.s trampled down the stairs in five minutes, and we, in our turn, were able to descend.

I had taken Burguet by the arm, my eyes full of tears.

"Are you satisfied, Moses?" said he, already quite his own joyous self again.

"Burguet!" said I, "Aaron himself, the own brother of Moses, and the greatest orator of Israel, could not have spoken better than you did; it was admirable! I owe my peace of mind to you! Whatever you may ask for so great a service I am ready to give to the extent of my means."

We went down the stairs; the members of the council following us thoughtfully, one by one. Burguet smiled.

"Do you mean it, Moses?" said he, stopping under the arch.

"Yes, here is my hand."

"Very well!" said he, "I ask you to give me a good dinner at the _Ville-de-Metz_."

"With all my heart!"

Several citizens, Father Parmentier, Cochois the tax-gatherer, and Adjutant Muller, were waiting for Burguet at the foot of the mayoralty steps, to congratulate him. As they were surrounding and shaking hands with him, Safel came and rushed into my arms; Zeffen had sent him to learn the news. I embraced him, and said joyously: "Go, tell your mother that we have won! Take your dinner. I am going to dine at the _Ville-de-Metz_ with Burguet. Make haste, my child!"

He started running.

"You dine with me, Burguet," said Father Parmentier.

"Thank you, Mr. Mayor, I am engaged to dine with Moses; I will go at another time."

And, with our arms around each other, we entered Mother Barriere's large corridor, where there was still the odor of good roasts, in spite of the blockade.

"Listen, Burguet," said I; "we are going to dine alone, and you shall choose whatever wines and dishes you like best; you know them better than I do."

I saw his eyes sparkle.

"Good! good!" said he, "it is understood."

In the large dining-hall the war-commissioner and two officers were dining together; they turned round, and we saluted them.

I sent for Mother Barriere, who came at once, her ap.r.o.n on her arm, as smiling and chubby as usual. Burguet whispered a couple of words in her ear, and she instantly opened the door at the right, and said:

"Walk in, gentlemen, walk in! You will not have to wait long."

We went into the square room at the corner of the square, a small, high room, with two large windows covered with muslin curtains, and the porcelain stove well heated, as it should be in winter.

A servant came to lay the table, while we warmed our hands upon the marble.

"I have a good appet.i.te, Moses; my pleading is going to cost you dear,"

said Burguet, laughing.

"So much the better; it cannot be too dear for the grat.i.tude I owe you."

"Come," said he, putting his hand on my shoulder, "I won't ruin you, but we must have a good dinner."

When the table was ready, we sat down, opposite each other, in soft, comfortable arm-chairs; and Burguet, fastening his napkin in his b.u.t.ton-hole, as was his custom, took up the bill of fare. He pondered over it a long time; for you know, Fritz, that though nightingales are good singers, they have the sharpest beaks in the world. Burguet was like them, and I was delighted at seeing him thus meditating.

At last he said to the servant, slowly and solemnly:

"This and that, Madeleine, cooked so and so. And such a wine to begin with, and such another at the end."