defence.
The difficulty of the prosecution was not being able to produce any witness who had seen the prisoner during the evening of Shrove Tuesday.
One deposition alone to that effect would have such great weight, that M. Daburon, as soon as Tabaret had left him, turned all his attention in that direction. He could still hope for a great deal. It was only Saturday, the day of the murder was remarkable enough to fix people’s memories, and up till then there had not been time to start a proper investigation.
He arranged for five of the most experienced detectives in the secret service to be sent to Bougival, supplied with photographs of the prisoner. They were to scour the entire country between Rueil and La Jonchere, to inquire everywhere, and make the most minute investigations. The photographs would greatly aid their efforts. They had orders to show them everywhere and to everybody and even to leave a dozen about the neighbourhood, as they were furnished with a sufficient number to do so. It was impossible, that, on an evening when so many people were about, no one had noticed the original of the portrait either at the railway station at Rueil or upon one of the roads which lead to La Jonchere, the high road, and the path by the river.
These arrangements made, the investigating magistrate proceeded to the Palais de Justice, and sent for Albert. He had already in the morning received a report, informing him hour by hour of the acts, gestures, and utterances of the prisoner, who had been carefully watched. Nothing in him, the report said, betrayed the criminal. He seemed very sad, but not despairing. He had not cried out, nor threatened, nor cursed justice, nor even spoken of a fatal error. After eating lightly, he had gone to the window of his cell, and had there remained standing for more than an hour. Then he laid down, and had quietly gone to sleep.
“What an iron constitution!” thought M. Daburon, when the prisoner entered his office.
Albert was no longer the despairing man who, the night before, bewildered with the multiplicity of charges, surprised by the rapidity with which they were brought against him, had writhed beneath the magistrate’s gaze, and appeared ready to succumb. Innocent or guilty, he had made up his mind how to act; his face left no doubt of that. His eyes expressed that cold resolution of a sacrifice freely made, and a certain haughtiness which might be taken for disdain, but which expressed the noble resentment of an injured man. In him could be seen the self-reliant man, who might be shaken but never overcome by misfortune.
On beholding him, the magistrate understood that he would have to change his mode of attack. He recognized one of those natures which are provoked to resistance when assailed, and strengthened when menaced. He therefore gave up his former tactics, and attempted to move him by kindness. It was a hackneyed trick, but almost always successful, like certain pathetic scenes at theatres. The criminal who has girt up his energy to sustain the shock of intimidation, finds himself without defence against the wheedling of kindness, the greater in proportion to its lack of sincerity. Now M. Daburon excelled in producing affecting scenes. What confessions he had obtained with a few tears! No one knew so well as he how to touch those old chords which vibrate still even in the most corrupt hearts: honour, love, and family ties.
With Albert, he became kind and friendly, and full of the liveliest compassion. Unfortunate man! how greatly he must suffer, he whose whole life had been like one long enchantment. How at a single blow everything about him had fallen in ruins. Who could have foreseen all this at the time when he was the one hope of a wealthy and illustrious house! Recalling the past, the magistrate pictured to him the most touching reminiscences of his early youth, and stirred up the ashes of all his extinct affections. Taking advantage of all that he knew of the prisoner’s life, he tortured him by the most mournful allusions to Claire. Why did he persist in bearing alone his great misfortune? Had he no one in the world who would deem it happiness to share his sufferings? Why this morose silence? Should he not rather hasten to reassure her whose very life depended upon his? What was necessary for that? A single word. Then he would be, if not free, at least returned to the world. His prison would become a habitable abode, no more solitary confinement; his friends would visit him, he might receive whomsoever he wished to see.
It was no longer the magistrate who spoke; it was a father, who, no matter what happens, always keeps in the recesses of his heart, the greatest indulgence for his child.
M. Daburon did even more. For a moment he imagined himself in Albert’s position. What would he have done after the terrible revelation? He scarcely dared ask himself. He understood the motive which prompted the murder of Widow Lerouge; he could explain it to himself; he could almost excuse it. (Another trap.) It was certainly a great crime, but in no way revolting to conscience or to reason. It was one of those crimes which society might, if not forget, at least forgive up to a certain point, because the motive was not a shameful one. What tribunal would fail to find extenuating circumstances for a moment of frenzy so excusable. Besides was not the Count de Commarin the more guilty of the two? Was it not his folly that prepared the way for this terrible event? His son was the victim of fatality, and was in the highest degree to be pitied.
M. Daburon spoke for a long time upon this text, seeking those things most suitable in his opinion to soften the hardened heart of an assassin. And he arrived always at the same conclusion — the wisdom of confessing. But he wasted his eloquence precisely as M. Tabaret had wasted his. Albert appeared in no way affected. His answers were of the shortest. He began and ended as on the first occasion, by protesting his innocence.
One test, which has often given the desired result, still remained to be tried.
On this same day, Saturday, Albert was confronted with the corpse of Widow Lerouge. He appeared impressed by the sad sight, but no more than anyone would be, if forced to look at the victim of an assassination four days after the crime. One of the bystanders having exclaimed: “Ah, if she could but speak!” he replied: “That would be very fortunate for me.”
Since morning, M. Daburon had not gained the least advantage. He had had to acknowledge the failure of his manoeuvres; and now this last attempt had not succeeded either. The prisoner’s continued calmness filled to overflowing the exasperation of this man so sure of his guilt. His spite was evident to all, when, suddenly ceasing his wheedling, he harshly gave the order to re-conduct the prisoner to his cell.
“I will compel him to confess!” he muttered between his teeth.
Perhaps he regretted those gentle instruments of investigation of the middle ages, which compelled the prisoner to say whatever one wished to hear. Never, thought he, did any one ever meet a culprit like this. What could he reasonably hope for from his system of persistent denial? This obstinacy, absurd in the presence of such absolute proofs, drove the magistrate into a rage. Had Albert confessed his guilt, he would have found M. Daburon disposed to pity him; but as he denied it, he opposed himself to an implacable enemy.
It was the very falseness of the situation which misled and blinded this magistrate, naturally so kind and generous. Having previously wished Albert innocent, he now absolutely longed to prove him guilty, and that for a hundred reasons which he was unable to analyze. He remembered, too well, his having had the Viscount de Commarin for a rival, and his having nearly assassinated him. Had he not repented even to remorse his having signed the warrant of arrest, and his having accepted the duty of investigating the case. Old Tabaret’s incomprehensible change of opinion troubled him, too.
All these feelings combined, inspired M. Daburon with a feverish hatred, and urged him on in the path which he had chosen. It was now less the proofs of Albert’s guilt which he sought for than the justification of his own conduct as magistrate. The investigation became embittered like a personal matter.
In fact, were the prisoner innocent, he would become inexcusable in his own eyes; and, in proportion as he reproached himself the more severely, and as the knowledge of his own failings grew, he felt the more disposed to try everything to conquer his
