Part 2 - Chapter 15. Doubts And Fears Of Counsel

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_ PART II CHAPTER XV. DOUBTS AND FEARS OF COUNSEL

At a distance of thirty-four years, during which three great revolutions have taken place, none but elderly persons can recall the immense excitement produced in Europe by the abduction of a senator of the French Empire. No trial, if we except that of Trumeaux, the grocer of the Place Saint-Michel, and that of the widow Morin, under the Empire; those of Fualdes and de Castaing, under the Restoration; those of Madame Lafarge and Fieschi, under the present government, ever roused so much curiosity or so deep an interest as that of the four young men accused of abducting Malin. Such an attack against a member of his Senate excited the wrath of the Emperor, who was told of the arrest of the delinquents almost at the moment when he first heard of the crime and the negative results of the inquiries. The forest, searched throughout, the department of the Aube, ransacked from end to end, gave not the slightest indication of the passage of the Comte de Gondreville nor of his imprisonment. Napoleon sent for the chief justice, who, after obtaining certain information from the ministry of police, explained to his Majesty the position of Malin in regard to the Simeuse brothers and the Gondreville estate. The Emperor, at that time pre-occupied with serious matters, considered the affair explained by these anterior facts.

"Those young men are fools," he said. "A lawyer like Malin will escape any deed they may force him to sign under violence. Watch those nobles, and discover the means they take to set the Comte de Gondreville at liberty."

He ordered the affair to be conducted with the utmost celerity, regarding it as an attack on his own institutions, a fatal example of resistance to the results of the Revolution, an effort to open the great question of the sales of "national property," and a hindrance to that fusion of parties which was the constant object of his home policy. Besides all this, he thought himself tricked by these young nobles, who had given him their promise to live peaceably.

"Fouche's prediction has come true," he cried, remembering the words uttered two years earlier by his present minister of police, who said them under the impressions conveyed to him by Corentin's report as to the character and designs of Mademoiselle de Cinq-Cygne.

It is impossible for persons living under a constitutional government, where no one really cares for that cold and thankless, blind, deaf Thing called public interest, to imagine the zeal which a mere word of the Emperor was able to inspire in his political or administrative machine. That powerful will seemed to impress itself as much upon things as upon men. His decision once uttered, the Emperor, overtaken by the coalition of 1806, forgot the whole matter. He thought only of new battles to fight, and his mind was occupied in massing his regiments to strike the great blow at the heart of the Prussian monarchy. His desire for prompt justice in the present case found powerful assistance in the great uncertainty which affected the position of all magistrates of the Empire. Just at this time Cambaceres, as arch-chancellor, and Regnier, chief justice, were preparing to organize _tribunaux de premiere instance_ (lower civil courts), imperial courts, and a court of appeal or supreme court. They were agitating the question of a legal garb or costume; to which Napoleon attached, and very justly, so much importance in all official stations; and they were also inquiring into the character of the persons composing the magistracy. Naturally, therefore, the officials of the department of the Aube considered they could have no better recommendation than to give proofs of their zeal in the matter of the abduction of the Comte de Gondreville. Napoleon's suppositions became certainties to these courtiers and also to the populace.

Peace still reigned on the continent; admiration for the Emperor was unanimous in France; he cajoled all interests, persons, vanities, and things, in short, everything, even memories. This attack, therefore, directed against his senator, seemed in the eyes of all an assault upon the public welfare. The luckless and innocent gentlemen were the objects of general opprobrium. A few nobles living quietly on their estates deplored the affair among themselves but dared not open their lips; in fact, how was it possible for them to oppose the current of public opinion. Throughout the department the deaths of the eleven persons killed by the Simeuse brothers in 1792 from the windows of the hotel Cinq-Cygne were brought up against them. It was feared that other returned and now emboldened _emigres_ might follow this example of violence against those who had bought their estates from the "national domain," as a method of protesting against what they might call an unjust spoliation.

The unfortunate young nobles were therefore considered as robbers, brigands, murderers; and their connection with Michu was particularly fatal to them. Michu, who was declared, either he or his father-in-law, to have cut off all the heads that fell under the Terror in that department, was made the subject of ridiculous tales. The exasperation of the public mind was all the more intense because nearly all the functionaries of the department owed their offices to Malin. No generous voice uplifted itself against the verdict of the public. Besides all this, the accused had no legal means with which to combat prejudice; for the Code of Brumaire, year IV., giving as it did both the prosecution of a charge and the verdict upon it into the hands of a jury, deprived the accused of the vast protection of an appeal against legal suspicion.

The day after the arrest all the inhabitants of the chateau of Cinq-Cygne, both masters and servants, were summoned to appear before the prosecuting jury. Cinq-Cygne was left in charge of a farmer, under the supervision of the abbe and his sister who moved into it. Mademoiselle de Cinq-Cygne, with Monsieur and Madame d'Hauteserre, went to Troyes and occupied a small house belonging to Durieu in one of the long and wide faubourgs which lead from the little town. Laurence's heart was wrung when she at last comprehended the temper of the populace, the malignity of the bourgeoisie, and the hostility of the administration, from the many little events which happened to them as relatives of prisoners accused of criminal wrong-doing and about to be judged in a provincial town. Instead of hearing encouraging or compassionate words they heard only speeches which called for vengeance; proofs of hatred surrounded them in place of the strict politeness or the reserve required by mere decency; but above all they were conscious of an isolation which every mind must feel, but more particularly those which are made distrustful by misfortune.

Laurence, who had recovered her vigor of mind, relied upon the innocence of the accused, and despised the community too much to be frightened by the stern and silent disapproval they met with everywhere. She sustained the courage of Monsieur and Madame d'Hauteserre, all the while thinking of the judicial struggle which was now being hurried on. She was, however, to receive a blow she little expected, which, undoubtedly, diminished her courage.

In the midst of this great disaster, at the moment when this afflicted family were made to feel themselves, as it were, in a desert, a man suddenly became exalted in Laurence's eyes and showed the full beauty of his character. The day after the indictment was found by the jury, and the prisoners were finally committed for trial, the Marquis de Chargeboeuf courageously appeared, still in the same old caleche, to support and protect his young cousin. Foreseeing the haste with which the law would be administered, this chief of a great family had already gone to Paris and secured the services of the most able as well as the most honest lawyer of the old school, named Bordin, who was for ten years counsel of the nobility in Paris, and was ultimately succeeded by the celebrated Derville. This excellent lawyer chose for his assistant the grandson of a former president of the parliament of Normandy, whose studies had been made under his tuition. This young lawyer, who was destined to be appointed deputy-attorney-general in Paris after the conclusion of the present trial, became eventually one of the most celebrated of French magistrates. Monsieur de Grandville, for that was his name, accepted the defence of the four young men, being glad of an opportunity to make his first appearance as an advocate with distinction.

The old marquis, alarmed at the ravages which troubles had wrought in Laurence's appearance, was charmingly kind and considerate. He made no allusion to his neglected advice; he presented Bordin as an oracle whose counsel must be followed to the letter, and young de Grandville as a defender in whom the utmost confidence might be placed.

Laurence held out her hand to the kind old man, and pressed his with an eagerness which delighted him.

"You were right," she said.

"Will you now take my advice?" he asked.

The young countess bowed her head in assent, as did Monsieur and Madame d'Hauteserre.

"Well, then, come to my house; it is in the middle of town, close to the courthouse. You and your lawyers will be better off there than here, where you are crowded and too far from the field of battle. Here, you would have to cross the town twice a day."

Laurence, accepted, and the old man took her with Madame d'Hauteserre to his house, which became the home of the Cinq-Cygne household and the lawyers of the defence during the whole time the trial lasted. After dinner, when the doors were closed, Bordin made Laurence relate every circumstance of the affair, entreating her to omit nothing, not the most trifling detail. Though many of the facts had already been told to him and his young assistant by the marquis on their journey from Paris to Troyes, Bordin listened, his feet on the fender, without obtruding himself into the recital. The young lawyer, however, could not help being divided between his admiration for Mademoiselle de Cinq-Cygne, and the attention he was bound to give to the facts of his case.

"Is that really all?" asked Bordin when Laurence had related the events of the drama just as the present narrative has given them up to the present time.

"Yes," she answered.

Profound silence reigned for several minutes in the salon of the Chargeboeuf mansion where this scene took place,--one of the most important which occur in life. All cases are judged by the counsellors engaged in them, just as the death or life or a patient is foreseen by a physician, before the final struggle which the one sustains against nature, the other against law. Laurence, Monsieur and Madame d'Hauteserre, and the marquis sat with their eyes fixed on the swarthy and deeply pitted face of the old lawyer, who was now to pronounce the words of life or death. Monsieur d'Hauteserre wiped the sweat from his brow. Laurence looked at the younger man and noted his saddened face.

"Well, my dear Bordin?" said the marquis at last, holding out his snuffbox, from which the old lawyer took a pinch in an absent-minded way.

Bordin rubbed the calf of his leg, covered with thick stockings of black raw silk, for he always wore black cloth breeches and a coat made somewhat in the shape of those which are now termed _a la Francaise_. He cast his shrewd eyes upon his clients with an anxious expression, the effect of which was icy.

"Must I analyze all that?" he said; "am I to speak frankly?"

"Yes; go on, monsieur," said Laurence.

"All that you have innocently done can be converted into proof against you," said the old lawyer. "We cannot save your friends; we can only reduce the penalty. The sale which you induced Michu to make of his property will be taken as evident proof of your criminal intentions against the senator. You sent your servants to Troyes so that you might be alone; that is all the more plausible because it is actually true. The elder d'Hauteserre made an unfortunate speech to Beauvisage, which will be your ruin. You yourself, mademoiselle, made another in your own courtyard, which proves that you have long shown ill-will to the possessor of Gondreville. Besides, you were at the gate of the _rond-point_, apparently on the watch, about the time when the abduction took place; if they have not arrested you, it is solely because they fear to bring a sentimental element into the affair."

"The case cannot be successfully defended," said Monsieur de Grandville.

"The less so," continued Bordin, "because we cannot tell the whole truth. Michu and the Messieurs de Simeuse and d'Hauteserre must hold to the assertion that you merely went for an excursion into the forest and returned to Cinq-Cygne for luncheon. Allowing that we can show you were in the house at three o'clock (the exact hour at which the attack was made), who are our witnesses? Marthe, the wife of one of the accused, the Durieus, and Catherine, your own servants, and Monsieur and Madame d'Hauteserre, father and mother of two of the accused. Such testimony is valueless; the law does not admit it against you, and commonsense rejects it when given in your favor. If, on the other hand, you were to say you went to the forest to recover eleven hundred thousand francs in gold, you would send the accused to the galleys as robbers. Judge, jury, audience, and the whole of France would believe that you took that gold from Gondreville, and abducted the senator that you might ransack his house. The accusation as it now stands is not wholly clear, but tell the truth about the matter and it would become as plain as day; the jury would declare that the robbery explained the mysterious features,--for in these days, you must remember, a royalist means a thief. This very case is welcomed as a legitimate political vengeance. The prisoners are now in danger of the death penalty; but that is not dishonoring under some circumstances. Whereas, if they can be proved to have stolen money, which can never be made to seem excusable, you lose all benefit of whatever interest may attach to persons condemned to death for other crimes. If, at the first, you had shown the hiding-places of the treasure, the plan of the forest, the tubes in which the gold was buried, and the gold itself, as an explanation of your day's work, it is possible you might have been believed by an impartial magistrate, but as it is we must be silent. God grant that none of the prisoners may reveal the truth and compromise the defence; if they do, we must rely on our cross-examinations."

Laurence wrung her hands in despair and raised her eyes to heaven with a despondent look, for she saw at last in all its depths the gulf into which her cousins had fallen. The marquis and the young lawyer agreed with the dreadful view of Bordin. Old d'Hauteserre wept.

"Ah! why did they not listen to the Abbe Goujet and fly!" cried Madame d'Hauteserre, exasperated.

"If they could have escaped, and you prevented them," said Bordin, "you have killed them yourselves. Judgment by default gains time; time enables the innocent to clear themselves. This is the most mysterious case I have ever known in my life, in the course of which I have certainly seen and known many strange things."

"It is inexplicable to every one, even to us," said Monsieur de Grandville. "If the prisoners are innocent some one else has committed the crime. Five persons do not come to a place as if by enchantment, obtain five horses shod precisely like those of the accused, imitate the appearance of some of them, and put Malin apparently underground for the sole purpose of casting suspicion on Michu and the four gentlemen. The unknown guilty parties must have had some strong reason for wearing the skin, as it were, of five innocent men. To discover them, even to get upon their traces, we need as much power as the government itself, as many agents and as many eyes as there are townships in a radius of fifty miles."

"The thing is impossible," said Bordin. "There's no use thinking of it. Since society invented law it has never found a way to give an innocent prisoner an equal chance against a magistrate who is pre-disposed against him. Law is not bilateral. The defence, without spies or police, cannot call social power to the rescue of its innocent clients. Innocence has nothing on her side but reason, and reasoning which may strike a judge is often powerless on the narrow minds of jurymen. The whole department is against you. The eight jurors who have signed the indictment are each and all purchasers of national domain. Among the trial jurors we are certain to have some who have either sold or bought the same property. In short, we can get nothing but a Malin jury. You must therefore set up a consistent defence, hold fast to it, and perish in your innocence. You will certainly be condemned. But there's a court of appeal; we will go there and try to remain there as long as possible. If in the mean time we can collect proofs in your favor you must apply for pardon. That's the anatomy of the business, and my advice. If we triumph (for everything is possible in law) it will be a miracle; but your advocate Monsieur de Grandville is the most likely man among all I know to produce that miracle, and I'll do my best to help him."

"The senator has the key to the mystery," said Monsieur de Grandville; "for a man knows his enemies and why they are so. Here we find him leaving Paris at the close of the winter, coming to Gondreville alone, shutting himself up with his notary, and delivering himself over, as one might say, to five men who seize him."

"Certainly," said Bordin, "his conduct seems inexplicable. But how could we, in the face of a hostile community, become accusers when we ourselves are the accused? We should need the help and good-will of the government and a thousand times more proof than is wanted in ordinary circumstances. I am convinced there was premeditation, and subtle premeditation, on the part of our mysterious adversaries, who must have known the situation of Michu and the Messieurs de Simeuse towards Malin. Not to utter one word; not to steal one thing! --remarkable prudence! I see something very different from ordinary evil-doers behind those masks. But what would be the use of saying so to the sort of jurors we shall have to face?"

This insight into hidden matters which gives such power to certain lawyers and certain magistrates astonished and confounded Laurence; her heart was wrung by that inexorable logic.

"Out of every hundred criminal cases," continued Bordin, "there are not ten where the law really lays bare the truth to its full extent; and there is perhaps a good third in which the truth is never brought to light at all. Yours is one of those cases which are inexplicable to all parties, to accused and accusers, to the law and to the public. As for the Emperor, he has other fish to fry than to consider the case of these gentlemen, supposing even that they had not conspired against him. But who the devil _is_ Malin's enemy? and what has really been done with him?"

Bordin and Monsieur de Grandville looked at each other; they seemed in doubt as to Laurence's veracity. This evident suspicion was the most cutting of all the many pangs the girl had suffered in the affair; and she turned upon the lawyers a look which effectually put an end to their distrust.

The next day the indictment was handed over to the defence, and the lawyers were then enabled to communicate with the prisoners. Bordin informed the family that the six accused men were "well supported," --using a professional term.

"Monsieur de Grandville will defend Michu," said Bordin.

"Michu!" exclaimed the Marquis de Chargeboeuf, amazed at the change.

"He is the pivot of the affair--the danger lies there," replied the old lawyer.

"If he is more in danger than the others, I think that is just," cried Laurence.

"We see certain chances," said Monsieur de Grandville, "and we shall study them carefully. If we are able to save these gentlemen it will be because Monsieur d'Hauteserre ordered Michu to repair one of the stone posts in the covered way, and also because a wolf has been seen in the forest; in a criminal court everything depends on discussions, and discussions often turn on trivial matters which then become of immense importance."

Laurence sank into that inward dejection which humiliates the soul of all thoughtful and energetic persons when the uselessness of thought and action is made manifest to them. It was no longer a matter of overthrowing a usurper, or of coming to the help of devoted friends, --fanatical sympathies wrapped in a shroud of mystery. She now saw all social forces full-armed against her cousins and herself. There was no taking a prison by assault with her own hands, no deliverance of prisoners from the midst of a hostile population and beneath the eyes of a watchful police. So, when the young lawyer, alarmed at the stupor of the generous and noble girl, which the natural expression of her face made still more noticeable, endeavored to revive her courage, she turned to him and said: "I must be silent; I suffer,--I wait."

The accent, gesture, and look with which the words were said made this answer one of those sublime things which only need a wider stage to make them famous.

A few moments later old d'Hauteserre was saying to the Marquis de Chargeboeuf: "What efforts I have made for my two unfortunate sons! I have already laid by in the Funds enough to give them eight thousand francs a year. If they had only been willing to serve in the army they would have reached the higher grades by this time, and could now have married to advantage. Instead of that, all my plans are scattered to the winds!"

"How can you," said his wife, "think of their interests when it is a question of their honor and their lives?"

"Monsieur d'Hauteserre thinks of everything," said the marquis. _

Read next: Part 2: Chapter 16. Marthe Inveigled

Read previous: Part 2: Chapter 14. The Arrests

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