The judge is quite as impartial as the preparer of the indictment, as will be seen by the following specimens of his interrogatories:--Judge."The act of accusation finds in your statement contradictions, improbabilities, impossibilities.Thus your domestic, who had determined to assassinate you, in order to rob you, and who MUST HAVE CALCULATED UPON THE CONSEQUENCE OF AFAILURE, had neither passport nor money upon him.This is very unlikely; because he could not have gone far with only a single halfpenny, which was all he had."Prisoner."My servant was known, and often passed the frontier without a passport."Judge."YOUR DOMESTIC HAD TO ASSASSINATE TWO PERSONS, and had no weapon but a single pistol.He had no dagger; and the only thing found on him was a knife."Prisoner."In the car there were several turner's implements, which he might have used."Judge."But he had not those arms upon him, because you pursued him immediately.He had, according to you, only this old pistol."Prisoner."I have nothing to say."
Judge."Your domestic, instead of flying into woods, which skirt the road, ran straight forward on the road itself: THIS, AGAIN, ISVERY UNLIKELY."
Prisoner."This is a conjecture I could answer by another conjecture; I can only reason on the facts."Judge."How far did you pursue him?"
Prisoner."I don't know exactly."
Judge."You said 'two hundred paces.'"
No answer from the prisoner.
Judge."Your domestic was young, active, robust, and tall.He was ahead of you.You were in a carriage, from which you had to descend: you had to take your pistols from a cushion, and THEN your hammer;--how are we to believe that you could have caught him, if he ran? It is IMPOSSIBLE."Prisoner."I can't explain it: I think that Rey had some defect in one leg.I, for my part, run tolerably fast."Judge."At what distance from him did you fire your first shot?"Prisoner."I can't tell."
Judge."Perhaps he was not running when you fired."Prisoner."I saw him running."
Judge."In what position was your wife?"Prisoner."She was leaning on my left arm, and the man was on the right side of the carriage."Judge."The shot must have been fired a bout portant, because it burned the eyebrows and lashes entirely.The assassin must have passed 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 hit with two balls--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 balls, 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 hit?"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 assassinate you: it was wet and heavy.An assassin disencumbers 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 God! 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 assumptions 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 assassinate two persons." This I have mentioned before.Why had he to assassinate 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.