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“His first impulse was to follow the generous nature of his heart, and to pardon the man who had attempted his life. He desired to save him; but, as he felt death come nearer, he saw that he had no right to shield a criminal from the sword of justice: he remembered that there were other victims beside himself.

“And then, rising from his bed of agony, he dragged himself here into court, in order to tell you. ‘That is the man! By the light of the fire which he had kindled, I saw him and recognized him. He is the man!’

“And could you hesitate after such evidence? No! I can not and will not believe it. After such crimes, society expects that justice should be done,—justice in the name of Count Claudieuse on his deathbed,—justice in the name of the dead,—justice in the name of Bolton’s mother, and of Guillebault’s widow and her five children.”

A murmur of approbation accompanied the last words of M. Gransiere, and continued for some time after he had concluded. There is not a woman in the whole assembly who does not shed tears.

P.—The counsel for the defence.

[Pleading.]

As M. Magloire had so far alone taken an active part in the defence, it was generally believed that he would speak. But it was not so. M. Folgat rises.

Our court-house here in Sauveterre has at various times reechoed the words of almost all our great masters of forensic eloquence. We have heard Berryer, Dufaure, Jules Favre, and others; but, even after these illustrious orators, M. Folgat still succeeds in astonishing and moving us deeply.

We can, of course, report here only a few of his phrases; and we must utterly abandon all hope of giving an idea of his proud and disdainful attitude, his admirable manner, full of authority, and especially of his full, rich voice, which found its way into every heart.

“To defend certain men against certain charges,” he began, “would be to insult them. They cannot be touched. To the portrait drawn by the prosecuting attorney, I shall simply oppose the answer given by the venerable priest of Brechy. What did he tell you? M. de Boiscoran is the best and most honorable of men. There is the truth; they wish to make him out a political intriguant. He had, it is true, a desire to be useful to his country. But, while others debated, he acted. The Sauveterre Volunteers will tell you to what passions he appealed before the enemy, and by what intrigues he won the cross which Chausy himself fastened to his breast. He wanted power, you say. No: he wished for happiness. You speak of a letter written by him, the evening of the crime, to his betrothed. I challenge you to read it. It covers four pages: before you have read two, you will be forced to abandon the case.”

Then the young advocate repeats the evidence given by the accused; and really, under the influence of his eloquence, the charges seem to fall to the ground, and to be utterly annihilated.

“And now,” he went on, “what other evidence remains there? The evidence given by Count Claudieuse. It is crushing, you say. I say it is singular. What! here is a witness who sees his last hour drawing nigh, and who yet waits for the last minute of his life before he speaks. And you think that is natural! You pretend that it was generosity which made him keep silent. I, I ask you how the most cruel enemy could have acted more atrociously?

“‘Never was a case clearer,’ says the prosecution. On the contrary, I maintain that never was a case more obscure; and that, so far from fathoming the secret of the whole affair, the prosecution has not found out the first word of it.”

M. Folgat takes his seat, and the sheriff’s officers have to interfere to prevent applause from breaking out. If the vote had been taken at that moment, M. de Boiscoran would have been acquitted.

But the proceedings are suspended for fifteen minutes; and in the meantime the lamps are lit, for night begins to fall.

When the president resumes his chair, the attorney-general claims his right to speak.

“I shall not reply as I had at first proposed. Count Claudieuse is about to pay with his life for the effort which he has made to place his evidence before you. He could not even be carried home. He is perhaps at this very moment drawing his last breath upon earth in the adjoining room.”

The counsel for the defence do not desire to address the jury; and, as the accused also declares that he has nothing more to say, the president sums up, and the jurymen withdrew to their room to deliberate.

The heat is overwhelming, the restraint almost unbearable; and all faces bear the marks of oppressive fatigue; but nobody thinks of leaving the house. A thousand contradictory reports circulate through the excited crowd. Some say that Count Claudieuse has died; others, on the contrary, report him better, and add that he has sent for the priest from Brechy.

At last, a few minutes after nine o’clock, the jury reappears.

Jacques de Boiscoran is declared guilty, and, on the score of extenuating circumstances, sentenced to twenty years’ penal labor.





THIRD PART—COCOLEU

I.

Thus M. Galpin triumphed, and M. Gransiere had reason to be proud of his eloquence. Jacques de Boiscoran had been found guilty.

But he looked calm, and even haughty, as the president, M. Domini, pronounced the terrible sentence, a thousand times braver at that moment than the man who, facing the squad of soldiers from whom he is to receive death, refuses to have his eyes bandaged, and himself gives the word of command with a firm voice.

That very morning, a few moments before the beginning of the trial, he had said to Dionysia,—

“I know what is in store for me; but I am innocent. They shall not see me turn pale, nor hear me ask for mercy.”

And, gathering up all the energy of which the human heart is capable, he had made a supreme effort at the decisive moment, and kept his word.

Turning quietly to his counsel at the moment when the last words of the president were lost among the din of the crowd, he said,—

“Did I not tell you that the day would come when you yourself would be the first to put a weapon into my hands?”

M. Folgat rose promptly.

He showed neither the anger nor the disappointment of an advocate who has just had a cause which he knew to be just.

“That day has not come yet,” he replied. “Remember your promise. As long as there remains a ray of hope, we shall fight. Now we have much more than mere hope at this moment. In less than a month, in a week, perhaps

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