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The sub…lieutenant； named Welff； had formerly driven Corentin from
Cinq…Cygne to the pavilion； and from the pavilion to Troyes。 On the
way； the spy had fully informed him as to what he called the trickery
of Laurence and Michu。 The two officers were therefore well inclined
to show； and did show； great eagerness against the family at Cinq…
Cygne。
CHAPTER XIII
THE CODE OF BRUMAIRE； YEAR IV。
Malin and Grevin had both； the latter working for the former； taken
part in the construction of the Code called that of Brumaire； year
IV。； the judicial work of the National Convention； so…called； and
promulgated by the Directory。 Grevin knew its provisions thoroughly；
and was able to apply them in this affair with terrible celerity；
under a theory； now converted into a certainty； of the guilt of Michu
and the Messieurs de Simeuse and d'Hauteserre。 No one in these days；
unless it be some antiquated magistrates； will remember this system of
justice； which Napoleon was even then overthrowing by the promulgation
of his own Codes； and by the institution of his magistracy under the
form in which it now rules France。
The Code of Brumaire； year IV。； gave to the director of the jury of
the department the duty of discovering； indicting； and prosecuting the
persons guilty of the delinquency committed at Gondreville。 Remark； by
the way； that the Convention had eliminated from its judicial
vocabulary the word 〃crime〃； /delinquencies/ and /misdemeanors/ were
alone admitted； and these were punished with fines； imprisonment； and
penalties 〃afflictive or infamous。〃 Death was an afflictive
punishment。 But the penalty of death was to be done away with after
the restoration of peace； and twenty…four years of hard labor were to
take its place。 Thus the Convention estimated twenty…four years of
hard labor as the equivalent of death。 What therefore can be said for
a code which inflicts the punishment of hard labor for life？ The
system then in process of preparation by the Napoleonic Council of
State suppressed the function of the directors of juries； which united
many enormous powers。 In relation to the discovery of delinquencies
and their prosecution the director of the jury was； in fact； agent of
police； public prosecutor； municipal judge； and the court itself。 His
proceedings and his indictments were； however； submitted for signature
to a commissioner of the executive power and to the verdict of eight
jurymen； before whom he laid the facts of the case； and who examined
the witnesses and the accused and rendered the preliminary verdict；
called the indictment。 The director was； however； in a position to
exercise such influence over the jurymen； who met in his private
office； that they could not well avoid agreeing with him。 These
jurymen were called the jury of indictment。 There were others who
formed the juries of the criminal tribunals whose duty it was to judge
the accused； these were called； in contradistinction to the jury of
indictment； the judgment jury。 The criminal tribunal； to which
Napoleon afterwards gave the name of criminal court； was composed of
one President or chief justice； four judges； the public prosecutor；
and a government commissioner。
Nevertheless； from 1799 to 1806 there were special courts （so…called）
which judged without juries certain misdemeanors in certain
departments； these were composed of judges taken from the civil courts
and formed into a special court。 This conflict of special justice and
criminal justice gave rise to questions of competence which came
before the courts of appeal。 If the department of the Aube had had a
special court； the verdict on the outrage committed on a senator of
the Empire would no doubt have been referred to it； but this tranquil
department had never needed unusual jurisdiction。 Grevin therefore
despatched the sub…lieutenant to Troyes to bring the director of the
jury of that town。 The emissary went at full gallop； and soon returned
in a post…carriage with the all…powerful magistrate。
The director of the Troyes jury was formerly secretary of one of the
committees of the Convention； a friend of Malin； to whom he owed his
present place。 This magistrate； named Lechesneau； had helped Malin； as
Grevin had done； in his work on the Code during the Convention。 Malin
in return recommended him to Cambaceres； who appointed him attorney…
general for Italy。 Unfortunately for him； Lechesneau had a liaison
with a great lady in Turin； and Napoleon removed him to avoid a
criminal trial threatened by the husband。 Lechesneau； bound in
gratitude to Malin； felt the importance of this attack upon his
patron； and brought with him a captain of gendarmerie and twelve men。
Before starting he laid his plans with the prefect； who was unable at
that late hour； it being after dark； to use the telegraph。 They
therefore sent a mounted messenger to Paris to notify the minister of
police； the chief justice and the Emperor of this extraordinary crime。
In the salon of Gondreville； Lechesneau found Mesdames Marion and
Grevin； Violette； the senator's valet； and the justice of peace with
his clerk。 The chateau had already been examined； the justice；
assisted by Grevin； had carefully collected the first testimony。 The
first thing that struck him was the obvious intention shown in the
choice of the day and hour for the attack。 The hour prevented an
immediate search for proofs and traces。 At this season it was nearly
dark by half…past five； the hour at which Violette gave the alarm； and
darkness often means impunity to evil…doers。 The choice of a holiday；
when most persons had gone to the masquerade at Arcis； and the senator
was comparatively alone in the house； showed an obvious intention to
get rid of witnesses。
〃Let us do justice to the intelligence of the prefecture of police；〃
said Lechesneau； 〃they have never ceased to warn us to be on our guard
against the nobles at Cinq…Cygne； they have always declared that
sooner or later those people would play us some dangerous trick。〃
Sure of the active co…operation of the prefect of the Aube； who sent
messengers to all the surrounding prefectures asking them to search
for the five abductors and the senator； Lechesneau began his work by
verifying the first facts。 This was soon done by the help of two such
legal heads as those of Grevin and the justice of peace。 The latter；
named Pigoult； formerly head…clerk in the office where Malin and
Grevin had first studied law in Paris； was soon after appointed judge
of the municipal court at Arcis。 In relation to Michu； Lechesneau knew
of the threats the man had made about the sale of Gondreville to
Marion； and the danger Malin had escaped in his own park from Michu's
gun。 These two facts； one being the consequence of the other； were no
doubt the precursors of the present successful attack； and they
pointed so obviously to the late bailiff as the instigator of the
outrage that Grevin； his wife； Violette； and Madame Marion declared
that they had recognized among the five masked men one who exactly
resembled Michu。 The color of the hair and whiskers and the thick…set
figure of the man made the mask he wore useless。 Besides； who but
Michu could have opened the iron gates of the park with a key？ The
present bailiff and his wife； now returned from the masquerade；
deposed to have locked both gates before leaving the pavilion。 The
gates when examined showed no sign of being forced。
〃When we turned him off he must have taken some duplicate keys with
him；〃 remarked Grevin。 〃No doubt he has been meditating a desperate
step； for he has lately sold his whole property； and he received the
money for it in my office day before yesterday。〃
〃The others have followed his lead！〃 exclaimed Lechesneau； struck with
the circumstances。 〃He has been their evil genius。〃
Moreover； who could know as well as the Messieurs de Simeuse the ins
and outs of the chateau。 None of the assailants seemed to have
blundered in their search； they had gone through the house in a
confident way which showed that they knew what they wanted to find and
where to find it。 The locks of none of the opened closets had been
forced； therefore the delinquents had keys。 Strange to say； however；
nothing had been taken； the motive； therefore； was not robbery。 More
than all； when Violette had followed the tracks of the horses as far
as the /rond…point/； he had found the countess； evidently on guard； at
the pavilion。 From such a combination of facts and depositions arose a
presumption as to the guilt of the Messieurs de Simeuse； d'Hauteserre；
and Michu； which would have been strong to unprejudiced minds； and to
the director of the jury had the force of certainty。 What were they
likely to do to the future Comte de Gondreville？ Did they mean to
force him to make over the estate for which Michu declared in 1799 he
had the money to pay？
But there was another aspect of the cast to the knowing criminal
lawyer。 He asked himself what could be the object of the careful
search made of the chateau。 If revenge were at the bottom of the
matter； the assailants would have killed the senator。 Perhaps he had
been killed and buried。 The abduction； however； seemed to point to
impris