Judge. "The shot must have been fired a bout portant, because it burned the eyebrows and lashes entirely. The a.s.sa.s.sin must have pa.s.sed his pistol across your breast."

Prisoner. "The shot was not fired so close; I am convinced of it: professional gentlemen will prove it."

Judge. "That is what you pretend, because you understand perfectly the consequences of admitting the fact. Your wife was. .h.i.t with two b.a.l.l.s--one striking downwards, to the right, by the nose, the other going horizontally through the cheek, to the left."

Prisoner. "The contrary will be shown by the witnesses called for the purpose."

Judge. "IT IS A VERY UNLUCKY COMBINATION FOR YOU that these b.a.l.l.s, which went, you say, from the same pistol, should have taken two different directions."

Prisoner. "I can't dispute about the various combinations of fire-arms--professional persons will be heard."

Judge. "According to your statement, your wife said to you, 'My poor husband, take your pistols.'"

Prisoner. "She did."

Judge. "In a manner quite distinct."

Prisoner. "Yes."

Judge. "So distinct that you did not fancy she was. .h.i.t?"

Prisoner. "Yes; that is the fact."

Judge. "HERE, AGAIN, IS AN IMPOSSIBILITY; and nothing is more precise than the declaration of the medical men. They affirm that your wife could not have spoken--their report is unanimous."

Prisoner. "I can only oppose to it quite contrary opinions from professional men, also: you must hear them."

Judge. "What did your wife do next?"

Judge. "You deny the statements of the witnesses:" (they related to Peytel's demeanor and behavior, which the judge wishes to show were very unusual;--and what if they were?) "Here, however, are some mute witnesses, whose testimony, you will not perhaps refuse. Near Louis Rey's body was found a horse-cloth, a pistol, and a whip..... Your domestic must have had this cloth upon him when he went to a.s.sa.s.sinate you: it was wet and heavy. An a.s.sa.s.sin disenc.u.mbers himself of anything that is likely to impede him, especially when he is going to struggle with a man as young as himself."

Prisoner. "My servant had, I believe, this covering on his body; it might be useful to him to keep the priming of his pistol dry."

The president caused the cloth to be opened, and showed that there was no hook, or tie, by which it could be held together; and that Rey must have held it with one hand, and, in the other, his whip, and the pistol with which he intended to commit the crime; which was impossible.

Prisoner. "These are only conjectures."

And what conjectures, my G.o.d! upon which to take away the life of a man.

Jeffreys, or Fouquier Tinville, could scarcely have dared to make such.

Such prejudice, such bitter persecution, such priming of the jury, such monstrous a.s.sumptions and unreason--fancy them coming from an impartial judge! The man is worse than the public accuser.

"Rey," says the Judge, "could not have committed the murder, BECAUSE HE HAD NO MONEY IN HIS POCKET, TO FLY, IN CASE OF FAILURE." And what is the precise sum that his lordship thinks necessary for a gentleman to have, before he makes such an attempt? Are the men who murder for money, usually in possession of a certain independence before they begin?

How much money was Rey, a servant, who loved wine and women, had been stopping at a score of inns on the road, and had, probably, an annual income of 400 francs,--how much money was Rey likely to have?

"Your servant had to a.s.sa.s.sinate two persons." This I have mentioned before. Why had he to a.s.sa.s.sinate two persons,* when one was enough?

If he had killed Peytel, could he not have seized and gagged his wife immediately?

* M. Balzac's theory of the case is, that Rey had intrigued with Madame Peytel; having known her previous to her marriage, when she was staying in the house of her brother- in-law, Monsieur de Montrichard, where Rey had been a servant.

"Your domestic ran straight forward, instead of taking to the woods, by the side of the rood: this is very unlikely." How does his worship know?

Can any judge, however enlightened, tell the exact road that a man will take, who has just missed a coup of murder, and is pursued by a man who is firing pistols at him? And has a judge a right to instruct a jury in this way, as to what they shall, or shall not, believe?

"You have to run after an active man, who has the start of you: to jump out of a carriage; to take your pistols; and THEN, your hammer. THIS IS IMPOSSIBLE." By heavens! does it not make a man's blood boil, to read such blundering, blood-seeking sophistry? This man, when it suits him, shows that Rey would be slow in his motions; and when it suits him, declares that Rey ought to be quick; declares ex cathedra, what pace Rey should go, and what direction he should take; shows, in a breath, that he must have run faster than Peytel; and then, that he could not run fast, because the cloak clogged him; settles how he is to be dressed when he commits a murder, and what money he is to have in his pocket; gives these impossible suppositions to the jury, and tells them that the previous statements are impossible; and, finally, informs them of the precise manner in which Rey must have stood holding his horse-cloth in one hand, his whip and pistol in the other, when he made the supposed attempt at murder. Now, what is the size of a horse-cloth? Is it as big as a pocket-handkerchief? Is there no possibility that it might hang over one shoulder; that the whip should be held under that very arm?

Did you never see a carter so carry it, his hands in his pockets all the while? Is it monstrous, abhorrent to nature, that a man should fire a pistol from under a cloak on a rainy day?--that he should, after firing the shot, be frightened, and run; run straight before him, with the cloak on his shoulders, and the weapon in his hand? Peytel's story is possible, and very possible; it is almost probable. Allow that Rey had the cloth on, and you allow that he must have been clogged in his motions; that Peytel may have come up with him--felled him with a blow of the hammer; the doctors say that he would have so fallen by one blow--he would have fallen on his face, as he was found: the paper might have been thrust into his breast, and tumbled out as he fell.

Circ.u.mstances far more impossible have occurred ere this; and men have been hanged for them, who were as innocent of the crime laid to their charge as the judge on the bench, who convicted them.

In like manner, Peytel may not have committed the crime charged to him; and Mr. Judge, with his arguments as to possibilities and impossibilities,--Mr. Public Prosecutor, with his romantic narrative and inflammatory harangues to the jury,--may have used all these powers to bring to death an innocent man. From the animus with which the case had been conducted from beginning to end, it was easy to see the result.

Here it is, in the words of the provincial paper:--

BOURG, 28 October, 1839.

"The condemned Peytel has just undergone his punishment, which took place four days before the anniversary of his crime. The terrible drama of the bridge of Andert, which cost the life of two persons, has just terminated on the scaffold. Mid-day had just sounded on the clock of the Palais: the same clock tolled midnight when, on the 30th of August, his sentence was p.r.o.nounced.

"Since the rejection of his appeal in Ca.s.sation, on which his princ.i.p.al hopes were founded, Peytel spoke little of his pet.i.tion to the King.

The notion of transportation was that which he seemed to cherish most.

However, he made several inquiries from the gaoler of the prison, when he saw him at meal-time, with regard to the place of execution, the usual hour, and other details on the subject. From that period, the words 'Champ de Foire' (the fair-field, where the execution was to be held), were frequently used by him in conversation.

"Yesterday, the idea that the time had arrived seemed to be more strongly than ever impressed upon him; especially after the departure of the cure, who latterly has been with him every day. The doc.u.ments connected with the trial had arrived in the morning. He was ignorant of this circ.u.mstance, but sought to discover from his guardians what they tried to hide from him; and to find out whether his pet.i.tion was rejected, and when he was to die.

"Yesterday, also, he had written to demand the presence of his counsel, M. Margerand, in order that he might have some conversation with him, and regulate his affairs, before he ----; he did not write down the word, but left in its place a few points of the pen.

"In the evening, whilst he was at supper, he begged earnestly to be allowed a little wax-candle, to finish what he was writing: otherwise, he said, TIME MIGHT FAIL. This was a new, indirect manner of repeating his ordinary question. As light, up to that evening, had been refused him, it was thought best to deny him in this, as in former instances; otherwise his suspicions might have been confirmed. The keeper refused his demand.

"This morning, Monday, at nine o'clock, the Greffier of the a.s.size Court, in fulfilment of the painful duty which the law imposes upon him, came to the prison, in company with the cure of Bourg, and announced to the convict that his pet.i.tion was rejected, and that he had only three hours to live. He received this fatal news with a great deal of calmness, and showed himself to be no more affected than he had been on the trial. 'I am ready; but I wish they had given me four-and-twenty hours' notice,'--were all the words he used.

"The Greffier now retired, leaving Peytel alone with the cure, who did not thenceforth quit him. Peytel breakfasted at ten o'clock.

"At eleven, a piquet of mounted gendarmerie and infantry took their station upon the place before the prison, where a great concourse of people had already a.s.sembled. An open car was at the door. Before he went out Peytel asked the gaoler for a looking-gla.s.s; and having examined his face for a moment, said, 'At least, the inhabitants of Bourg will see that I have not grown thin.'

"As twelve o'clock sounded, the prison gates opened, an aide appeared, followed by Peytel, leaning on the arm of the cure. Peytel's face was pale, he had a long black beard, a blue cap on his head, and his great-coat flung over his shoulders, and b.u.t.toned at the neck.

"He looked about at the place and the crowd; he asked if the carriage would go at a trot; and on being told that that would be difficult, he said he would prefer walking, and asked what the road was. He immediately set out, walking at a firm and rapid pace. He was not bound at all.

"An immense crowd of people enc.u.mbered the two streets through which he had to pa.s.s to the place of execution. He cast his eyes alternately upon them and upon the guillotine, which was before him.

"Arrived at the foot of the scaffold, Peytel embraced the cure, and bade him adieu. He then embraced him again; perhaps, for his mother and sister. He then mounted the steps rapidly, and gave himself into the hands of the executioner, who removed his coat and cap. He asked how he was to place himself, and on a sign being made, he flung himself briskly on the plank, and stretched his neck. In another moment he was no more.

"The crowd, which had been quite silent, retired, profoundly moved by the sight it had witnessed. As at all executions, there was a very great number of women present.

"Under the scaffold there had been, ever since the morning, a coffin.

The family had asked for his remains, and had them immediately buried, privately: and thus the unfortunate man's head escaped the modellers in wax, several of whom had arrived to take an impression of it."

Down goes the axe; the poor wretch's head rolls gasping into the basket; the spectators go home, pondering; and Mr. Executioner and his aides have, in half an hour, removed all traces of the august sacrifice, and of the altar on which it had been performed. Say, Mr. Briefless, do you think that any single person, meditating murder, would be deterred therefrom by beholding this--nay, a thousand more executions? It is not for moral improvement, as I take it, nor for opportunity to make appropriate remarks upon the punishment of crime, that people make a holiday of a killing-day, and leave their homes and occupations, to flock and witness the cutting off of a head. Do we crowd to see Mr.

Macready in the new tragedy, or Mademoiselle Ellssler in her last new ballet and flesh-colored stockinnet pantaloons, out of a pure love of abstract poetry and beauty; or from a strong notion that we shall be excited, in different ways, by the actor and the dancer? And so, as we go to have a meal of fict.i.tious terror at the tragedy, of something more questionable in the ballet, we go for a glut of blood to the execution.

The l.u.s.t is in every man's nature, more or less. Did you ever witness a wrestling or boxing match? The first clatter of the kick on the shins, or the first drawing of blood, makes the stranger shudder a little; but soon the blood is his chief enjoyment, and he thirsts for it with a fierce delight. It is a fine grim pleasure that we have in seeing a man killed; and I make no doubt that the organs of destructiveness must begin to throb and swell as we witness the delightful savage spectacle.