"At this recital a number of persons a.s.sembled, and what a spectacle was presented to their eyes.

"A young woman lay at the bottom of a carriage, deprived of life; her whole body was wet, and seemed as if it had just been plunged into the water. She appeared to be severely wounded in the face; and her garments, which were raised up, in spite of the cold and rainy weather, left the upper part of her knees almost entirely exposed. At the sight of this half-naked and inanimate body, all the spectators were affected.

People said that the first duty to pay to a dying woman was, to preserve her from the cold, to cover her. A physician examined the body; he declared that all remedies were useless; that Madame Peytel was dead and cold.

"The entreaties of Peytel were redoubled; he demanded fresh succors, and, giving no heed to the fatal a.s.surance which had just been given him, required that all the physicians in the place should be sent for.

A scene so strange and so melancholy; the incoherent account given by Peytel of the murder of his wife; his extraordinary movements; and the avowal which he continued to make, that he had despatched the murderer, Rey, with strokes of his hammer, excited the attention of Lieutenant Wolf, commandant of gendarmes: that officer gave orders for the immediate arrest of Peytel; but the latter threw himself into the arms of a friend, who interceded for him, and begged the police not immediately to seize upon his person.

"The corpse of Madame Peytel was transported to her apartment; the bleeding body of the domestic was likewise brought from the road, where it lay; and Peytel, asked to explain the circ.u.mstance, did so."....

Now, as there is little reason to tell the reader, when an English counsel has to prosecute a prisoner on the part of the Crown for a capital offence, he produces the articles of his accusation in the most moderate terms, and especially warns the jury to give the accused person the benefit of every possible doubt that the evidence may give, or may leave. See how these things are managed in France, and how differently the French counsel for the Crown sets about his work.

He first prepares his act of accusation, the opening of which we have just read; it is published six days before the trial, so that an unimpa.s.sioned, unprejudiced jury has ample time to study it, and to form its opinions accordingly, and to go into court with a happy, just prepossession against the prisoner.

Read the first part of the Peytel act of accusation; it is as turgid and declamatory as a bad romance; and as inflated as a newspaper doc.u.ment, by an unlimited penny-a-liner:--"The department of the Ain is in a dreadful state of excitement; the inhabitants of Belley come trooping from their beds,--and what a sight do they behold;--a young woman at the bottom of a carriage, toute ruisselante, just out of a river; her garments, in spite of the cold and rain, raised, so as to leave the upper part of her knees entirely exposed, at which all the beholders were affected, and cried, that the FIRST DUTY was to cover her from the cold." This settles the case at once; the first duty of a man is to cover the legs of the sufferer; the second to call for help. The eloquent "Subst.i.tut du Procureur du Roi" has prejudged the case, in the course of a few sentences. He is putting his readers, among whom his future jury is to be found, into a proper state of mind; he works on them with pathetic description, just as a romance-writer would: the rain pours in torrents; it is a dreary evening in November; the young creature's situation is neatly described; the distrust which entered into the breast of the keen old officer of gendarmes strongly painted, the suspicions which might, or might not, have been entertained by the inhabitants, eloquently argued. How did the advocate know that the people had such? did all the bystanders say aloud, "I suspect that this is a case of murder by Monsieur Peytel, and that his story about the domestic is all deception?" or did they go off to the mayor, and register their suspicion? or was the advocate there to hear them? Not he; but he paints you the whole scene, as though it had existed, and gives full accounts of suspicions, as if they had been facts, positive, patent, staring, that everybody could see and swear to.

Having thus primed his audience, and prepared them for the testimony of the accused party, "Now," says he, with a fine show of justice, "let us hear Monsieur Peytel;" and that worthy's narrative is given as follows:--

"He said that he had left Macon on the 31st October, at eleven o'clock in the morning, in order to return to Belley, with his wife and servant.

The latter drove, or led, an open car; he himself was driving his wife in a four-wheeled carriage, drawn by one horse: they reached Bourg at five o'clock in the evening; left it at seven, to sleep at Pont d'Ain, where they did not arrive before midnight. During the journey, Peytel thought he remarked that Rey had slackened his horse's pace. When they alighted at the inn, Peytel bade him deposit in his chamber 7,500 francs, which he carried with him; but the domestic refused to do so, saying that the inn gates were secure, and there was no danger. Peytel was, therefore, obliged to carry his money up stairs himself. The next day, the 1st November, they set out on their journey again, at nine o'clock in the morning; Louis did not come, according to custom, to take his master's orders. They arrived at Tenay about three, stopped there a couple of hours to dine, and it was eight o'clock when they reached the bourg of Rossillon, where they waited half an hour to bait the horses.

"As they left Rossillon, the weather became bad, and the rain began to fall: Peytel told his domestic to get a covering for the articles in the open chariot; but Rey refused to do so, adding, in an ironical tone, that the weather was fine. For some days past, Peytel had remarked that his servant was gloomy, and scarcely spoke at all.

"After they had gone about 500 paces beyond the bridge of Andert, that crosses the river Furans, and ascended to the least steep part of the hill of Darde, Peytel cried out to his servant, who was seated in the car, to come down from it, and finish the ascent on foot.

"At this moment a violent wind was blowing from the south, and the rain was falling heavily: Peytel was seated back in the right corner of the carriage, and his wife, who was close to him, was asleep, with her head on his left shoulder. All of a sudden he heard the report of a fire-arm (he had seen the light of it at some paces' distance), and Madame Peytel cried out, 'My poor husband, take your pistols;' the horse was frightened, and began to trot. Peytel immediately drew the pistol, and fired, from the interior of the carriage, upon an individual whom he saw running by the side of the road.

"Not knowing, as yet, that his wife had been hit, he jumped out on one side of the carriage, while Madame Peytel descended from the other; and he fired a second pistol at his domestic, Louis Rey, whom he had just recognized. Redoubling his pace, he came up with Rey, and struck him, from behind, a blow with the hammer. Rey turned at this, and raised up his arm to strike his master with the pistol which he had just discharged at him; but Peytel, more quick than he, gave the domestic a blow with the hammer, which felled him to the ground (he fell his face forwards), and then Peytel, bestriding the body, despatched him, although the brigand asked for mercy.

"He now began to think of his wife and ran back, calling out her name repeatedly, and seeking for her, in vain, on both sides of the road.

Arrived at the bridge of Andert, he recognized his wife, stretched in a field, covered with water, which bordered the Furans. This horrible discovery had so much the more astonished him, because he had no idea, until now, that his wife had been wounded: he endeavored to draw her from the water; and it was only after considerable exertions that he was enabled to do so, and to place her, with her face towards the ground, on the side of the road. Supposing that, here, she would be sheltered from any farther danger, and believing, as yet, that she was only wounded, he determined to ask for help at a lone house, situated on the road towards Rossillon; and at this instant he perceived, without at all being able to explain how, that his horse had followed him back to the spot, having turned back of its own accord, from the road to Belley.

"The house at which he knocked was inhabited by two men, of the name of Thannet, father and son, who opened the door to him, and whom he entreated to come to his aid, saying that his wife had just been a.s.sa.s.sinated by his servant. The elder Thannet approached to, and examined the body, and told Peytel that it was quite dead; he and his son took up the corpse, and placed it in the bottom of the carriage, which they all mounted themselves, and pursued their route to Belley.

In order to do so, they had to pa.s.s by Rey's body, on the road, which Peytel wished to crush under the wheels of his carriage. It was to rob him of 7,500 francs, said Peytel, that the attack had been made."

Our friend, the Procureur's Subst.i.tut, has dropped, here, the eloquent and pathetic style altogether, and only gives the unlucky prisoner's narrative in the baldest and most unimaginative style. How is a jury to listen to such a fellow? they ought to condemn him, if but for making such an uninteresting statement. Why not have helped poor Peytel with some of those rhetorical graces which have been so plentifully bestowed in the opening part of the act of accusation? He might have said:--

"Monsieur Peytel is an eminent notary at Belley; he is a man distinguished for his literary and scientific acquirements; he has lived long in the best society of the capital; he had been but a few months married to that young and unfortunate lady, whose loss has plunged her bereaved husband into despair--almost into madness. Some early differences had marked, it is true, the commencement of their union; but these, which, as can be proved by evidence, were almost all the unhappy lady's fault,--had happily ceased, to give place to sentiments far more delightful and tender. Gentlemen, Madame Peytel bore in her bosom a sweet pledge of future concord between herself and her husband: in three brief months she was to become a mother.

"In the exercise of his honorable profession,--in which, to succeed, a man must not only have high talents, but undoubted probity,--and, gentlemen, Monsieur Peytel DID succeed--DID inspire respect and confidence, as you, his neighbors, well know;--in the exercise, I say, of his high calling, Monsieur Peytel, towards the end of October last, had occasion to make a journey in the neighborhood, and visit some of his many clients.

"He travelled in his own carriage, his young wife beside him. Does this look like want of affection, gentlemen? or is it not a mark of love--of love and paternal care on his part towards the being with whom his lot in life was linked,--the mother of his coming child,--the young girl, who had everything to gain from the union with a man of his attainments of intellect, his kind temper, his great experience, and his high position? In this manner they travelled, side by side, lovingly together. Monsieur Peytel was not a lawyer merely, but a man of letters and varied learning; of the n.o.ble and sublime science of geology he was, especially, an ardent devotee."

(Suppose, here, a short panegyric upon geology. Allude to the creation of this mighty world, and then, naturally, to the Creator. Fancy the conversations which Peytel, a religious man,* might have with his young wife upon the subject.)

* He always went to ma.s.s; it is in the evidence.

"Monsieur Peytel had lately taken into his service a man named Louis Rey. Rey was a foundling, and had pa.s.sed many years in a regiment--a school, gentlemen, where much besides bravery, alas! is taught; nay, where the spirit which familiarizes one with notions of battle and death, I fear, may familiarize one with ideas, too, of murder. Rey, a dashing reckless fellow, from the army, had lately entered Peytel's service, was treated by him with the most singular kindness; accompanied him (having charge of another vehicle) upon the journey before alluded to; and KNEW THAT HIS MASTER CARRIED WITH HIM A CONSIDERABLE SUM OF MONEY; for a man like Rey an enormous sum, 7,500 francs. At midnight on the 1st of November, as Madame Peytel and her husband were returning home, an attack was made upon their carriage. Remember, gentlemen, the hour at which the attack was made; remember the sum of money that was in the carriage; and remember that the Savoy frontier IS WITHIN A LEAGUE OF THE SPOT where the desperate deed was done."

Now, my dear Briefless, ought not Monsieur Procureur, in common justice to Peytel, after he had so eloquently proclaimed, not the facts, but the suspicions, which weighed against that worthy, to have given a similar florid account of the prisoner's case? Instead of this, you will remark, that it is the advocate's endeavor to make Peytel's statements as uninteresting in style as possible; and then he demolishes them in the following way:--

"Scarcely was Peytel's statement known, when the common sense of the public rose against it. Peytel had commenced his story upon the bridge of Andert, over the cold body of his wife. On the 2nd November he had developed it in detail, in the presence of the physicians, in the presence of the a.s.sembled neighbors--of the persons who, on the day previous only, were his friends. Finally, he had completed it in his interrogatories, his conversations, his writings, and letters to the magistrates and everywhere these words, repeated so often, were only received with a painful incredulity. The fact was that, besides the singular character which Peytel's appearance, att.i.tude, and talk had worn ever since the event, there was in his narrative an inexplicable enigma; its contradictions and impossibilities were such, that calm persons were revolted at it, and that even friendship itself refused to believe it."

Thus Mr. Attorney speaks, not for himself alone, but for the whole French public; whose opinions, of course, he knows. Peytel's statement is discredited EVERYWHERE; the statement which he had made over the cold body of his wife--the monster! It is not enough simply to prove that the man committed the murder, but to make the jury violently angry against him, and cause them to shudder in the jury-box, as he exposes the horrid details of the crime.

"Justice," goes on Mr. Subst.i.tute (who answers for the feelings of everybody), "DISTURBED BY THE PRE-OCCUPATIONS OF PUBLIC OPINION, commenced, without delay, the most active researches. The bodies of the victims were submitted to the investigations of men of art; the wounds and projectiles were examined; the place where the event took place explored with care. The morality of the author of this frightful scene became the object of rigorous examination; the exigeances of the prisoner, the forms affected by him, his calculating silence, and his answers, coldly insulting, were feeble obstacles; and justice at length arrived, by its prudence, and by the discoveries it made, to the most cruel point of certainty."

You see that a man's demeanor is here made a crime against him; and that Mr. Subst.i.tute wishes to consider him guilty, because he has actually the audacity to hold his tongue. Now follows a touching description of the domestic, Louis Rey:--

"Louis Rey, a child of the Hospital at Lyons, was confided, at a very early age, to some honest country people, with whom he stayed until he entered the army. At their house, and during this long period of time, his conduct, his intelligence, and the sweetness of his manners were such, that the family of his guardians became to him as an adopted family; and his departure caused them the most sincere affliction. When Louis quitted the army, he returned to his benefactors, and was received as a son. They found him just as they had ever known him" (I acknowledge that this pathos beats my humble defence of Peytel entirely), "except that he had learned to read and write; and the certificates of his commanders proved him to be a good and gallant soldier.

"The necessity of creating some resources for himself, obliged him to quit his friends, and to enter the service of Monsieur de Montrichard, a lieutenant of gendarmerie, from whom he received fresh testimonials of regard. Louis, it is true, might have a fondness for wine and a pa.s.sion for women; but he had been a soldier, and these faults were, according to the witnesses, amply compensated for by his activity, his intelligence, and the agreeable manner in which he performed his service. In the month of July, 1839, Rey quitted, voluntarily, the service of M. de Montrichard; and Peytel, about this period, meeting him at Lyons, did not hesitate to attach him to his service. Whatever may be the prisoner's present language, it is certain that up to the day of Louis's death, he served Peytel with diligence and fidelity.

"More than once his master and mistress spoke well of him. EVERYBODY who has worked, or been at the house of Madame Peytel, has spoken in praise of his character; and, indeed, it may be said, that these testimonials were general.

"On the very night of the 1st of November, and immediately after the catastrophe, we remark how Peytel begins to make insinuations against his servant; and how artfully, in order to render them more sure, he disseminates them through the different parts of his narrative. But, in the course of the proceeding, these charges have met with a most complete denial. Thus we find the disobedient servant who, at Pont d'Ain, refused to carry the money-chest to his master's room, under the pretext that the gates of the inn were closed securely, occupied with tending the horses after their long journey: meanwhile Peytel was standing by, and neither master nor servant exchanged a word, and the witnesses who beheld them both have borne testimony to the zeal and care of the domestic.

"In like manner, we find that the servant, who was so remiss in the morning as to neglect to go to his master for orders, was ready for departure before seven o'clock, and had eagerly informed himself whether Monsieur and Madame Peytel were awake; learning from the maid of the inn, that they had ordered nothing for their breakfast. This man, who refused to carry with him a covering for the car, was, on the contrary, ready to take off his own cloak, and with it shelter articles of small value; this man, who had been for many days so silent and gloomy, gave, on the contrary, many proofs of his gayety--almost of his indiscretion, speaking, at all the inns, in terms of praise of his master and mistress. The waiter at the inn at Dauphin, says he was a tall young fellow, mild and good-natured; 'we talked for some time about horses, and such things; he seemed to be perfectly natural, and not pre-occupied at all.' At Pont d'Ain, he talked of his being a foundling; of the place where he had been brought up, and where he had served; and finally, at Rossillon, an hour before his death, he conversed familiarly with the master of the port, and spoke on indifferent subjects.

"All Peytel's insinuations against his servant had no other end than to show, in every point of Rey's conduct, the behavior of a man who was premeditating attack. Of what, in fact, does he accuse him? Of wishing to rob him of 7,500 francs, and of having had recourse to a.s.sa.s.sination, in order to effect the robbery. But, for a premeditated crime, consider what singular improvidence the person showed who had determined on committing it; what folly and what weakness there is in the execution of it.

"How many insurmountable obstacles are there in the way of committing and profiting by crime! On leaving Belley, Louis Rey, according to Peytel's statement, knowing that his master would return with money, provided himself with a holster pistol, which Madame Peytel had once before perceived among his effects. In Peytel's cabinet there were some b.a.l.l.s; four of these were found in Rey's trunk, on the 6th of November.

And, in order to commit the crime, this domestic had brought away with him a pistol, and no ammunition; for Peytel has informed us that Rey, an hour before his departure from Macon, purchased six b.a.l.l.s at a gunsmith's. To gain his point, the a.s.sa.s.sin must immolate his victims; for this, he has only one pistol, knowing, perfectly well, that Peytel, in all his travels, had two on his person; knowing that, at a late hour of the night, his shot might fail of effect; and that, in this case, he would be left to the mercy of his opponent.

"The execution of the crime is, according to Peytel's account, still more singular. Louis does not get off the carriage, until Peytel tells him to descend. He does not think of taking his master's life until he is sure that the latter has his eyes open. It is dark, and the pair are covered in one cloak; and Rey only fires at them at six paces' distance: he fires at hazard, without disquieting himself as to the choice of his victim; and the soldier, who was bold enough to undertake this double murder, has not force nor courage to consummate it. He flies, carrying in his hand a useless whip, with a heavy mantle on his shoulders, in spite of the detonation of two pistols at his ears, and the rapid steps of an angry master in pursuit, which ought to have set him upon some better means of escape. And we find this man, full of youth and vigor, lying with his face to the ground, in the midst of a public road, falling without a struggle, or resistance, under the blows of a hammer!

"And suppose the murderer had succeeded in his criminal projects, what fruit could he have drawn from them?--Leaving, on the road, the two bleeding bodies; obliged to lead two carriages at a time, for fear of discovery; not able to return himself, after all the pains he had taken to speak, at every place at which they had stopped, of the money which his master was carrying with him; too prudent to appear alone at Belley; arrested at the frontier, by the excise officers, who would present an impa.s.sable barrier to him till morning, what could he do, or hope to do? The examination of the car has shown that Rey, at the moment of the crime, had neither linen, nor clothes, nor effects of any kind. There was found in his pockets, when the body was examined, no pa.s.sport, nor certificate; one of his pockets contained a ball, of large calibre, which he had shown, in play, to a girl, at the inn at Macon, a little horn-handled knife, a snuff-box, a little packet of gunpowder, and a purse, containing only a halfpenny and some string. Here is all the baggage, with which, after the execution of his homicidal plan, Louis Rey intended to take refuge in a foreign country.* Beside these absurd contradictions, there is another remarkable fact, which must not be pa.s.sed over; it is this:--the pistol found by Rey is of antique form, and the original owner of it has been found. He is a curiosity-merchant at Lyons; and, though he cannot affirm that Peytel was the person who bought this pistol of him, he perfectly recognizes Peytel as having been a frequent customer at his shop!

* This sentence is taken from another part of the "Acte d'accusation."

"No, we may fearlessly affirm that Louis Rey was not guilty of the crime which Peytel lays to his charge. If, to those who knew him, his mild and open disposition, his military career, modest and without a stain, the touching regrets of his employers, are sufficient proofs of his innocence,--the calm and candid observer, who considers how the crime was conceived, was executed, and what consequences would have resulted from it, will likewise acquit him, and free him of the odious imputation which Peytel endeavors to cast upon his memory.

"But justice has removed the veil, with which an impious hand endeavored to cover itself. Already, on the night of the 1st of November, suspicion was awakened by the extraordinary agitation of Peytel; by those excessive attentions towards his wife, which came so late; by that excessive and noisy grief, and by those calculated bursts of sorrow, which are such as Nature does not exhibit. The criminal, whom the public conscience had fixed upon; the man whose frightful combinations have been laid bare, and whose falsehoods, step by step, have been exposed, during the proceedings previous to the trial; the murderer, at whose hands a heart-stricken family, and society at large, demands an account of the blood of a wife;--that murderer is Peytel."

When, my dear Briefless, you are a judge (as I make no doubt you will be, when you have left off the club all night, cigar-smoking of mornings, and reading novels in bed), will you ever find it in your heart to order a fellow-sinner's head off upon such evidence as this?

Because a romantic Subst.i.tut du Procureur de Roi chooses to compose and recite a little drama, and draw tears from juries, let us hope that severe Rhadamanthine judges are not to be melted by such trumpery.

One wants but the description of the characters to render the piece complete, as thus:--

Personages Costumes.

SEBASTIAN PEYTAL Meurtrier Habillement complet de notaire perfide: figure pale, barbe noire, cheveux noirs.

LOUIS REY Soldat retire, bon, Costume ordinaire; il porte sur brave, franc, jovial ses epaules une couverture de aimant le vin, les cheval.

femmes, la gaiete, ses maitres surtout; vrai Francais, enfin

WOLF Lieutenant de gendarmerie.

FeLICITe D'ALCAZAR Femme et victime de Peytel.