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第43章

an historical mystery-第43章

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five in the afternoon; they had returned to the forest。 That was the
basis of each testimony; any variations were merely individual
circumstances。 When the president asked the Messieurs de Simeuse why
they had ridden out so early; they both declared that wishing; since
their return; to buy back Gondreville and intending to make an offer
to Malin who had arrived the night before; they had gone out early
with their cousin and Michu to make certain examinations of the
property on which to base their offer。 During that time the Messieurs
d'Hauteserre; their cousin; and Gothard had chased a wolf which was
reported in the forest by the peasantry。 If the director of the jury
had sought for the prints of their horses' feet in the forest as
carefully as in the park of Gondreville; he would have found proof of
their presence at long distances from the house。

The examination of the Messieurs d'Hauteserre corroborated this
testimony; and was in harmony with their preliminary dispositions。 The
necessity of some reason for their ride suggested to each of them the
excuse of hunting。 The peasants had given warning; a few days earlier;
of a wolf in the forest; and on that they had fastened as a pretext。

The public prosecutor; however; pointed out a discrepancy between the
first statements of the Messieurs d'Hauteserre; in which they
mentioned that the whole party hunted together; and the defence now
made by the Messieurs de Simeuse that their purpose on that day was
the valuation of the forest。

Monsieur de Grandville here called attention to the fact that as the
crime was not committed until after two o'clock in the afternoon; the
prosecution had no ground to question their word when they stated the
manner in which they had employed their morning。

The prosecutor replied that the prisoners had an interest in
concealing their preparations for the abduction of the senator。

The remarkable ability of the defence was now felt。 Judges; jurors;
and audience became aware that victory would be hotly contested。
Bordin and Monsieur de Grandville had studied their ground and
foreseen everything。 Innocence is required to render a clear and
plausible account of its actions。 The duty of the defence is to
present a consistent and probable tale in opposition to an
insufficient and improbable accusation。 To counsel who regard their
client as innocent; an accusation is false。 The public examination of
the four gentlemen sufficiently explained the matter in their favor。
So far all was well。 But the examination of Michu was more serious;
there the real struggle began。 It was now clear to every one why
Monsieur de Grandville had preferred to take charge of the servant's
defence rather than that of his masters。

Michu admitted his threats against Marion; but denied that he had made
them violently。 As for the ambush in which he was supposed to have
watched for his enemy; he said he was merely making his rounds in his
park; the senator and Monsieur Grevin might perhaps have been alarmed
at the sight of his gun and have thought his intentions hostile when
they were really inoffensive。 He called attention to the fact that in
the dusk a man who was not in the habit of hunting might easily fancy
a gun was pointed at him; whereas; in point of fact; it was held in
his hand at half…cock。 To explain the condition of his clothes when
arrested; he said he had slipped and fallen in the breach on his way
home。 〃I could scarcely see my way;〃 he said; 〃and the loose stones
slipped from under me as I climbed the bank。〃 As for the plaster which
Gothard was bringing him; he replied as he had done in all previous
examinations; that he wanted it to secure one of the stone posts of
the covered way。

The public prosecutor and the president asked him to explain how he
could have been at the top of the covered way engaged in mending a
stone post and at the same time in the breach of the moat leading to
the chateau; more especially as the justice of peace; the gendarmes
and the forester all declared they had heard him approach them from
the lower road。 To this Michu replied that Monsieur d'Hauteserre had
blamed him for not having mended the post;which he was anxious to
have finished because there were difficulties about that road with the
township;and he had therefore gone up to the chateau to report that
the work was done。

Monsieur d'Hauteserre had; in fact; put up a fence above the covered
way to prevent the township from taking possession of it。 Michu seeing
the important part which the state of his clothes was likely to play;
invented this subterfuge。 If; in law; truth is often like falsehood;
falsehood on the other hand has a very great resemblance to truth。 The
defence and the prosecution both attached much importance to this
testimony; which became one of the leading points of the trial on
account of the vigor of the defence and the suspicions of the
prosecution。

Gothard; instructed no doubt by Monsieur de Grandville; for up to that
time he had only wept when they questioned him; admitted that Michu
had told him to carry the plaster。

〃Why did neither you nor Gothard take the justice of peace and the
forester to the stone post and show them your work?〃 said the public
prosecutor; addressing Michu。

〃Because;〃 replied the man; 〃I didn't believe there was any serious
accusation against us。〃

All the prisoners except Gothard were now removed from the courtroom。
When Gothard was left alone the president adjured him to speak the
truth for his own sake; pointing out that his pretended idiocy had
come to an end; none of the jurors believed him imbecile; if he
refused to answer the court he ran the risk of serious penalty;
whereas by telling the truth at once he would probably be released。
Gothard wept; hesitated; and finally ended by saying that Michu had
told him to carry several sacks of plaster; but that each time he had
met him near the farm。 He was asked how many sacks he had carried。

〃Three;〃 he replied。

An argument hereupon ensued as to whether the three sacks included the
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

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