At the idea that a murderer might escape the penalty of his crime, and steal away from the a.s.size court, old Tabaret's blood fairly boiled in his veins, as at the recollection of some deadly insult.

Such a monstrous event, in his opinion, could only proceed from the incapacity of those charged with the preliminary inquiry, the clumsiness of the police, or the stupidity of the investigating magistrate.

"It is not I," he muttered, with the satisfied vanity of success, "who would ever let my prey escape. No crime can be committed, of which the author cannot be found, unless, indeed, he happens to be a madman, whose motive it would be difficult to understand. I would pa.s.s my life in pursuit of a criminal, before avowing myself vanquished, as Gevrol has done so many times."

a.s.sisted by chance, he had again succeeded, so he kept repeating to himself, but what proofs could he furnish to the accusation, to that confounded jury, so difficult to convince, so precise and so cowardly?

What could he imagine to force so cunning a culprit to betray himself?

What trap could he prepare? To what new and infallible stratagem could he have recourse?

The amateur detective exhausted himself in subtle but impracticable combinations, always stopped by that exacting jury, so obnoxious to the agents of the Rue de Jerusalem. He was so deeply absorbed in his thoughts that he did not hear the door open, and was utterly unconscious of the magistrate's presence.

M. Daburon's voice aroused him from his reverie.

"You will excuse me, M. Tabaret, for having left you so long alone."

The old fellow rose and bowed respectfully.

"By my faith, sir," replied he, "I have not had the leisure to perceive my solitude."

M. Daburon crossed the room, and seated himself, facing his agent before a small table enc.u.mbered with papers and doc.u.ments relating to the crime. He appeared very much fatigued.

"I have reflected a good deal," he commenced, "about this affair--"

"And I," interrupted old Tabaret, "was just asking myself what was likely to be the att.i.tude a.s.sumed by the viscount at the moment of his arrest. Nothing is more important, according to my idea, than his manner of conducting himself then. Will he fly into a pa.s.sion? Will he attempt to intimidate the agents? Will he threaten to turn them out of the house? These are generally the tactics of t.i.tled criminals. My opinion, however, is, that he will remain perfectly cool. He will declare himself the victim of a misunderstanding, and insist upon an immediate interview with the investigating magistrate. Once that is accorded him, he will explain everything very quickly."

The old fellow spoke of matters of speculation in such a tone of a.s.surance that M. Daburon was unable to repress a smile.

"We have not got as far as that yet," said he.

"But we shall, in a few hours," replied M. Tabaret quickly. "I presume you will order young M. de Commarin's arrest at daybreak."

The magistrate trembled, like the patient who sees the surgeon deposit his case of instruments upon the table on entering the room.

The moment for action had come. He felt now what a distance lies between a mental decision and the physical action required to execute it.

"You are prompt, M. Tabaret," said he; "you recognize no obstacles."

"None, having ascertained the criminal. Who else can have committed this a.s.sa.s.sination? Who but he had an interest in silencing Widow Lerouge, in suppressing her testimony, in destroying her papers? He, and only he.

Poor Noel! who is as dull as honesty, warned him, and he acted. Should we fail to establish his guilt, he will remain de Commarin more than ever; and my young advocate will be Noel Gerdy to the grave."

"Yes, but--"

The old man fixed his eyes upon the magistrate with a look of astonishment.

"You see, then, some difficulties, sir?" he asked.

"Most decidedly!" replied M. Daburon. "This is a matter demanding the utmost circ.u.mspection. In cases like the present, one must not strike until the blow is sure, and we have but presumptions. Suppose we are mistaken. Justice, unhappily, cannot repair her errors. Her hand once unjustly placed upon a man, leaves an imprint of dishonour that can never be effaced. She may perceive her error, and proclaim it aloud, but in vain! Public opinion, absurd and idiotic, will not pardon the man guilty of being suspected."

It was with a sinking heart that the old fellow listened to these remarks. He would not be withheld by such paltry considerations.

"Our suspicions are well grounded," continued the magistrate. "But, should they lead us into error, our precipitation would be a terrible misfortune for this young man, to say nothing of the effect it would have in abridging the authority and dignity of justice, of weakening the respect which const.i.tutes her power. Such a mistake would call for discussion, provoke examination, and awaken distrust, at an epoch in our history when all minds are but too much disposed to defy the const.i.tuted authorities."

He leaned upon the table, and appeared to reflect profoundly.

"I have no luck," thought old Tabaret. "I have to do with a trembler.

When he should act, he makes speeches; instead of signing warrants, he propounds theories. He is astounded at my discovery, and is not equal to the situation. Instead of being delighted by my appearance with the news of our success, he would have given a twenty-franc piece, I dare say, to have been left undisturbed. Ah! he would very willingly have the little fishes in his net, but the big ones frighten him. The big fishes are dangerous, and he prefers to let them swim away."

"Perhaps," said M. Daburon, aloud, "it will suffice to issue a search-warrant, and a summons for the appearance of the accused."

"Then all is lost!" cried old Tabaret.

"And why, pray?"

"Because we are opposed by a criminal of marked ability. A most providential accident has placed us upon his track. If we give him time to breathe, he will escape."

The only answer was an inclination of the head, which M. Daburon may have intended for a sign of a.s.sent.

"It is evident," continued the old fellow, "that our adversary has foreseen everything, absolutely everything, even the possibility of suspicion attaching to one in his high position. Oh! his precautions are all taken. If you are satisfied with demanding his appearance, he is saved. He will appear before you as tranquilly as your clerk, as unconcerned as if he came to arrange the preliminaries of a duel. He will present you with a magnificent _alibi_, an _alibi_ that can not be gainsayed. He will show you that he pa.s.sed the evening and the night of Tuesday with personages of the highest rank. In short, his little machine will be so cleverly constructed, so nicely arranged, all its little wheels will play so well, that there will be nothing left for you but to open the door and usher him out with the most humble apologies.

The only means of securing conviction is to surprise the miscreant by a rapidity against which it is impossible he can be on his guard. Fall upon him like a thunder-clap, arrest him as he wakes, drag him hither while yet pale with astonishment, and interrogate him at once. Ah! I wish I were an investigating magistrate."

Old Tabaret stopped short, frightened at the idea that he had been wanting in respect; but M. Daburon showed no sign of being offended.

"Proceed," said he, in a tone of encouragement, "proceed."

"Suppose, then," continued the detective, "I am the investigating magistrate. I cause my man to be arrested, and, twenty minutes later, he is standing before me. I do not amuse myself by putting questions to him, more or less subtle. No, I go straight to the mark. I overwhelm him at once by the weight of my certainty, prove to him so clearly that I know everything, that he must surrender, seeing no chance of escape.

I should say to him, 'My good man, you bring me an _alibi_; it is very well; but I am acquainted with that system of defence. It will not do with me. I know all about the clocks that don't keep proper time, and all the people who never lost sight of you. In the meantime, this is what you did. At twenty minutes past eight, you slipped away adroitly; at thirty-five minutes past eight, you took the train at the St Lazare station; at nine o'clock, you alighted at the station at Rueil, and took the road to La Jonchere; at a quarter past nine, you knocked at the window-shutter of Widow Lerouge's cottage. You were admitted. You asked for something to eat, and, above all, something to drink. At twenty minutes past nine, you planted the well-sharpened end of a foil between her shoulders. You killed her! You then overturned everything in the house, and burned certain doc.u.ments of importance; after which, you tied up in a napkin all the valuables you could find, and carried them off, to lead the police to believe the murder was the work of a robber. You locked the door, and threw away the key. Arrived at the Seine, you threw the bundle into the water, then hurried off to the railway station on foot, and at eleven o'clock you reappeared amongst your friends.

Your game was well played; but you omitted to provide against two adversaries, a detective, not easily deceived, named Tirauclair, and another still more clever, named chance. Between them, they have got the better of you. Moreover, you were foolish to wear such small boots, and to keep on your lavender kid gloves, besides embarra.s.sing yourself with a silk hat and an umbrella. Now confess your guilt, for it is the only thing left you to do, and I will give you permission to smoke in your dungeon some of those excellent trabucos you are so fond of, and which you always smoke with an amber mouthpiece.'"

During this speech, M. Tabaret had gained at least a couple of inches in height, so great was his enthusiasm. He looked at the magistrate, as if expecting a smile of approbation.

"Yes," continued he, after taking breath, "I would say that, and nothing else; and, unless this man is a hundred times stronger than I suppose him to be, unless he is made of bronze, of marble, or of steel, he would fall at my feet and avow his guilt."

"But supposing he were of bronze," said M. Daburon, "and did not fall at your feet, what would you do next?"

The question evidently embarra.s.sed the old fellow.

"Pshaw!" stammered he; "I don't know; I would see; I would search; but he would confess."

After a prolonged silence, M. Daburon took a pen, and hurriedly wrote a few lines.

"I surrender," said he. "M. Albert de Commarin shall be arrested; that is settled. The different formalities to be gone through and the perquisitions will occupy some time, which I wish to employ in interrogating the Count de Commarin, the young man's father, and your friend M. Noel Gerdy, the young advocate. The letters he possesses are indispensable to me."

At the name of Gerdy, M. Tabaret's face a.s.sumed a most comical expression of uneasiness.

"Confound it," cried he, "the very thing I most dreaded."

"What?" asked M. Daburon.