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one which Gothard was carrying at the time of the arrest (which
reduced the number of the other sacks to two) or whether there were
three without the last。 The debate ended in favor of the first
proposition; the jury considering that only two sacks had been used。
They appeared to have a foregone conviction on that point; but Bordin
and Monsieur de Grandville judged it best to surfeit them with
plaster; and weary them so thoroughly with the argument that they
would no longer comprehend the question。 Monsieur de Grandville made
it appear that experts ought to have been sent to examine the stone
posts。
〃The director of the jury;〃 he said; 〃has contented himself with
merely visiting the place; less for the purpose of making a careful
examination than to trap Michu in a lie; this; in our opinion; was a
failure of duty; but the blunder is to our advantage。〃
On this the Court appointed experts to examine the posts and see if
one of them had been really mended and reset。 The public prosecutor;
on his side; endeavored to make capital of the affair before the
experts could testify。
〃You seem to have chosen;〃 he said to Michu; who was now brought back
into the courtroom; 〃an hour when the daylight was waning; from half…
past five to half…past six o'clock; to mend this post and to cement it
all alone。〃
〃Monsieur d'Hauteserre had blamed me for not doing it;〃 replied Michu。
〃But;〃 said the prosecutor; 〃if you used that plaster on the post you
must have had a trough and a trowel。 Now; if you went to the chateau
to tell Monsieur d'Hauteserre that you had done the work; how do you
explain the fact that Gothard was bringing you more plaster。 You must
have passed your farm on your way to the chateau; and you would
naturally have left your tools at home and stopped Gothard。〃
This overwhelming argument produced a painful silence in the
courtroom。
〃Come;〃 said the prosecutor; 〃you had better admit at once that what
you buried was /not a stone post/。〃
〃Do you think it was the senator?〃 said Michu; sarcastically。
Monsieur de Grandville hereupon demanded that the public prosecutor
should explain his meaning。 Michu was accused of abduction and the
concealment of a person; but not of murder。 Such an insinuation was a
serious matter。 The code of Brumaire; year IV。; forbade the public
prosecutor from presenting any fresh count at the trial; he must keep
within the indictment or the proceedings would be annulled。
The public prosecutor replied that Michu; the person chiefly concerned
in the abduction and who; in the interests of his masters; had taken
the responsibility on his own shoulders; might have thought it
necessary to plaster up the entrance of the hiding…place; still
undiscovered; where the senator was now immured。
Pressed with questions; hampered by the presence of Gothard; and
brought into contradiction with himself; Michu struck his fist upon
the edge of the dock with a resounding blow and said: 〃I have had
nothing whatever to do with the abduction of the senator。 I hope and
believe his enemies have merely imprisoned him; when he reappears
you'll find out that the plaster was put to no such use。〃
〃Good!〃 said de Grandville; addressing the public prosecutor; 〃you
have done more for my client's cause than anything I could have said。〃
The first day's session ended with this bold declaration; which
surprised the judges and gave an advantage to the defence。 The lawyers
of the town and Bordin himself congratulated the young advocate。 The
prosecutor; uneasy at the assertion; feared that he had fallen into
some trap; in fact he was really caught in a snare that was cleverly
set for him by the defence and admirably played off by Gothard。 The
wits of the town declared that he had white…washed the affair and
splashed his own cause; and had made the accused as white as the
plaster itself。 France is the domain of satire; which reigns supreme
in our land; Frenchmen jest on a scaffold; at the Beresina; at the
barricades; and some will doubtless appear with a quirk upon their
lips at the grand assizes of the Last Judgment。
CHAPTER XVIII
TRIAL CONTINUED: CRUEL VICISSITUDES
On the morrow the witnesses for the prosecution were examined;Madame
Marion; Madame Grevin; Grevin himself; the senator's valet; and
Violette; whose testimony can readily be imagined from the facts
already told。 They all identified the five prisoners; with more or
less hesitation as to the four gentlemen; but with absolute certainty
as to Michu。 Beauvisage repeated Robert d'Hauteserre's speech when he
met them at daybreak in the park。 The peasant who had bought Monsieur
d'Hauteserre's calf testified to overhearing that of Mademoiselle de
Cinq…Cygne。 The experts; who had compared the hoof…prints with the
shoes on the horses ridden by the five prisoners and found them
absolutely alike; confirmed their previous depositions。 This point was
naturally one of vehement contention between Monsieur de Grandville
and the prosecuting officer。 The defence called the blacksmith at
Cinq…Cygne and succeeded in proving that he had sold several
horseshoes of the same pattern to strangers who were not known in the
place。 The blacksmith declared; moreover; that he was in the habit of
shoeing in this particular manner not only the horses of the chateau
de Cinq…Cygne; but those from other places in the canton。 It was also
proved that the horse which Michu habitually rode was always shod at
Troyes; and the mark of that shoe was not among the hoof…prints found
in the park。
〃Michu's double was not aware of this circumstance; or he would have
provided for it;〃 said Monsieur de Grandville; looking at the jury。
〃Neither has the prosecution shown what horses our clients rode。〃
He ridiculed the testimony of Violette so far as it concerned a
recognition of the horses; seen from a long distance; from behind; and
after dusk。 Still; in spite of all his efforts; the body of the
evidence was against Michu; and the prosecutor; judge; jury; and
audience were impressed with a feeling (as the lawyers for the defence
had foreseen) that the guilt of the servant carried with it that of
the masters。 So the vital interest centred on all that concerned
Michu。 His bearing was noble。 He showed in his answers the sagacity
with which nature had endowed him; and the public; seeing him on his
mettle; recognized his superiority。 And yet; strange to say; the more
they understood him the more certainty they felt that he was the
instigator of the outrage。
The witnesses for the defence; always less important in the eyes of a
jury and of the law than the witnesses for the prosecution; seemed to
testify as in duty bound; and were listened to with that allowance。 In
the first place neither Marthe; nor Monsieur and Madame d'Hauteserre
took the oath。 Catherine and the Durieus; in their capacity as
servants; did not take it。 Monsieur d'Hauteserre stated that he had
ordered Michu to replace and mend the stone post which had been thrown
down。 The deposition of the experts sent to examine the fence; which
was now read; confirmed his testimony; but they helped the prosecution
by declaring they could not fix the exact time at which the repairs
had been made; it might have been several weeks or no more than twenty
days。
The appearance of Mademoiselle de Cinq…Cygne excited the liveliest
curiosity; but the sight of her cousins in the prisoners' dock after
three weeks' separation affected her so much that her emotions gave
the audience an impression of guilt。 She felt an overwhelming desire
to stand beside the twins; and was obliged; as she afterwards
admitted; to use all her strength to repress the longing that came
into her mind to kill the prosecutor so as to stand in the eyes of the
world as a criminal beside them。 She testified; with simplicity; that
riding from Cinq…Cygne and seeing smoke in the park of Gondreville;
she had supposed there was a fire; at first she thought they were burning
weeds or brush; 〃but later;〃 she added; 〃I observed a circumstance
which I offer to the attention of the Court。 I found in the frogging
of my habit and in the folds of my collar small fragments of what
appeared to be burned paper which were floating in the air。〃
〃Was there much smoke?〃 asked Bordin。
〃Yes;〃 replied Mademoiselle de Cinq…Cygne; 〃I feared a conflagration。〃
〃This is enough to change the whole inquiry;〃 remarked Bordin。 〃I
request the Court to order an immediate examination of that region of
the park where the fire occurred。〃
The president ordered the inquiry。
Grevin; recalled by the defence and questioned on this circumstance;
declared he knew nothing about it。 But Bordin and he exchanged looks
which mutually enlightened them。
〃The gist of the case is there;〃 thought the old notary。
〃They've laid their finger on it;〃 thought the notary。
But each shrewd head considered the following up of this point
useless。 Bordin reflected that Grevin would be silent as the grave;
and Grevin congratulated himself that every sign of the fire had been
effaced。
To settle this point; which seemed a mere accessory to the trial and
somewhat puerile (but which is really essential in the justif