Society had mustered in force at the Cahors Law Courts, where the Assizes were about to be held. Hooting motor-cars and antiquated coaches drawn by pursy horses were arriving every minute, bringing gentry from the great houses in the neighbourhood, squireens and well-to-do country people, prosperous farmers and jolly wine-growers, all of them determined not to miss "the trial" that was causing such immense excitement because the principal figure in it was well known as a friend of one of the oldest families in those parts; and because he was not merely a witness, nor even the victim, but actually the defendant in the case, although he had been admitted to bail in the interval by order of the court.
Compared with those of large towns, this court room at Cahors was small, but it was filled by a considerable and most select crowd. Quiet greetings and low-toned conversation were freely exchanged, but there was an air of melancholy about every person present, and it was obvious that they were drawn there by no mere curiosity or desire for horrid details, but by legitimate interest in the development of great drama.
One of the leading h**nes in the case was pointed out with particular sympathy.
"That's Thérèse Auvernois, over there in the first row! The President of the Court gave her that seat; the officer who took the card of admission over to Querelles told me so."
"That's where Mme. de Vibray lives, isn't it?"
"Yes: she is sitting next to Thérèse now: that pretty woman in grey. Since Mme. de Langrune's d**h she has kept the child with her, thinking, very rightly, that it would be too painful for her to be at Beaulieu. The family council have appointed President Bonnet temporary guardian of Thérèse. He is that tall, thin man over there, talking to the steward, Dollon."
The Baronne de Vibray turned affectionately to Thérèse, who was looking dreadfully pale in her long mourning veil.
"Are you sure this won't tire you too much, dear? Shall we go outside for a little while?"
"Oh, no, please do not worry about me," Thérèse replied. "Indeed I shall be all right."
President Bonnet sat by the two ladies. He had been engaged solemnly exchanging bows with everyone in the court room whom he considered it flattering to himself to know; now he took part in the conversation, and displayed his special knowledge by explaining the constitution of the court and pointing out where the clerk sat, and where the public prosecutor sat, and where the jury sat, all at great length and much to the interest of the people near him: with, however, one exception; a man dressed entirely in black, with his head half buried in the huge collar of a travelling ulster, and dark gla**es over his eyes, appeared to be vastly bored by the old magistrate's disquisition. Juve—for it was he—knew too much about legal procedure to require explanations from President Bonnet.
Suddenly a thrill ran through the room and conversation stopped abruptly. M. Etienne Rambert had just walked down the gangway in the court to the seat reserved for him, just in front of the witness box and close to a kind of rostrum in which Maître Dareuil, an old member of the Cahors Bar, immediately took his place. M. Etienne Rambert was very pale, but it was obvious that he was by no means overwhelmed by the fatality overhanging him. He was, indeed, a fine figure as he took his seat and mechanically pa**ed his hand through his long white curls, flinging them back and raising his head almost as if in defiance of the inquisitive crowd that was gazing at him.
Almost immediately after he had taken his seat a door was thrown open and the jury filed in, and then a black-gowned usher came forward and shrilly called for silence.
"Stand up, gentlemen! Hats off, please! Gentlemen, the Court!"
With solemn, measured steps, and heads bent as if absorbed in profoundest meditation, the judges slowly proceeded to their seats. The president formally declared the court open, whereupon the clerk rose immediately to read the indictment.
The Clerk of the Court at Cahors was a most excellent man, but modesty was his distinguishing characteristic and his chief desire appeared to be to shun responsibility, figure as little prominently as possible, and even escape observation altogether. Assizes were not often held at Cahors, and he had had few occasions to read an indictment as tragic as this present one, with the result that he lacked confidence now. He read in a toneless, monotonous voice, so nervously and softly that nobody in the body of the court could hear a word he said, and even the jury were obliged to lean their elbows on the desk before them and make an ear trumpet of their hands to find out what it was all about.
Etienne Rambert, however, was only a few feet from the clerk; he did not miss a word, and it was evident from his nervous movements every now and then that some pa**ages in the indictment hit him very hard indeed, and even lessened his general confidence.
When the clerk had finished Etienne Rambert sat still, with his forehead resting in his hands, as if crushed by the weight of the memories the indictment had evoked. Then the sharp, thin voice of the President of the Court snapped the chain of his thoughts.
"Stand up, sir!"
And pale as d**h Etienne Rambert rose and folded his arms across his breast. In firm, yet somehow muffled tones, he answered the preliminary formal questions. His name was Hervé Paul Etienne Rambert; his age, fifty-nine; his occupation, a merchant, owning and working rubber plantations in South America. Then followed the formal enquiry whether he had heard and understood the indictment which had just been read.
"I followed it all, sir," he replied, with a little gesture expressive of his sense of the gravity of the facts detailed and the weight of the evidence adduced, which won general sympathy for him. "I followed it all, but I protest against some of the allegations, and I protest with my whole energy against the suggestion that I have failed in my duty as a man of honour and as a father!"
The President of the Court checked him irritably.
"Excuse me, I do not intend to permit you to extend the pleadings indefinitely. I shall examine you on the various points of the indictment, and you may protest as much as you please." The unfeeling rudeness provoked no comment from the defendant, and the President proceeded. "Well, you have heard the indictment. It charges you first with having aided and abetted the escape of your son, whom an enquiry held in another place had implicated in the murder of the Marquise de Langrune; and it charges you secondly with having k**ed your son, whose body has been recovered from the Dordogne, in order that you might escape the penalty of public obloquy."
At this brutal statement of the case Etienne Rambert made a proud gesture of indignation.
"Sir," he exclaimed, "there are different ways of putting things. I do not deny the purport of the indictment, but I object to the summary of it that you present. No one has ever dared to contend that I k**ed my son in order to escape public obloquy, as you have just insinuated. I am entirely indifferent to the worlds opinion. What the indictment is intended to allege, the only thing it can allege, is that I wrought justice upon a criminal who ought to have filled me with horror but whom, nevertheless, I ought not to have handed over to the public executioner."
This time it was the judge's turn to be astonished. He was so accustomed to the cheap triumphs that judges look to win in court that he had expected to make mincemeat of this poor, broken old man whom the law had delivered to his tender mercy. But he discovered that the old man had fine courage and replied with spirit to his malevolent remarks.
"We will discuss your right to take the law into your own hands presently," he said, "but that is not the question now: there are other points which it would be well for you to explain to the jury. Why, in the first place, did you obstinately decline to speak to the examining magistrate?"
"I had no answer to make to the examining magistrate," Etienne Rambert answered slowly, as if he were weighing his words, "because in my opinion he had no questions to put to me! I do not admit that I am charged with anything contrary to the Code, or that any such charge can be formulated against me. The indictment charges me with having k**ed my son because I believed him to be guilty of the murder of Mme. de Langrune and would not hand him over to the gallows. I have never confessed to that murder, sir, and nothing will ever make me do so. And that is why I would not reply to the examining magistrate, because I would not admit that there was anything before the court concerning myself: because, since the dreadful tragedy in my private life was exposed to public opinion, I desired that I should be judged by public opinion, which, sir, is not represented by you who are a professional judge, but by the jury here who will shortly say whether I am really a criminal wretch: by the jury, many of whom are fathers themselves and, when they think of their own sons, will wonder what appalling visions must have pa**ed through my mind when I was forced to believe that my boy, my own son, had committed a cowardly murder! What sort of tragedy will they think that must have been for a man like me, with sixty years of honour and of honourable life behind him?"
The outburst ended on a sob, and the whole court was moved with sympathy, women wiping their eyes, men coughing, and even the jury striving hard to conceal the emotion that stirred them.
The judge glared round the court, and after a pause addressed the defendant again with sarcastic phrases.
"So that is why you stood mute during the enquiry, was it, sir? Odd! very odd! I admire the interpretation you place upon your duty as an honourable man. It is—quaint!"
Etienne Rambert interrupted the sneering speech.
"I am quite sure, sir, that there are plenty of people here who will understand and endorse what I did."
The declaration was so pointedly personal that the judge took it up.
"And I am quite sure that people of principle will understand me when I have shown them your conduct as it really was. You have a predilection for heroics; it will not be without interest to bring things to the point. Your attitude throughout this affair has been this:—it is not for me to anticipate the issue of the enquiry which will be held some day into the murder of Mme. de Langrune, but I must recall the fact that the moment you believed your son was the murderer, the moment you discovered the blood-stained towel which furnished the circumstantial evidence of his guilt, you—the man of honour, mind you,—never thought of handing over the culprit to the police who were actually in the precincts of the château, but only thought of securing his escape, and helping him to get away! You even accompanied him in his flight, and so became in a sense his accomplice. I suppose you do not deny that?"
Etienne Rambert shook with emotion and answered in ringing tones.
"If you are of opinion, sir, that that was an act of complicity on my part, I will not only not deny it, I will proclaim it from the housetops! I became the accomplice of a murderer by inducing him to run away, did I? You forget, sir, that at the moment when I first believed my son was the culprit—I was not his accomplice then, I suppose?—there was a bond between him and me already that I could not possibly break: he was my son! Sir, the duty of a father—and I attach the very loftiest meaning to the word 'duty'—can never entail his giving up his son!"
A fresh murmur of sympathy through the court annoyed the judge, who shrugged his shoulders.
"Let us leave empty rhetoric alone," he said. "You have plenty of fine phrases with which to defend your action; that, indeed, is your concern, as the jury will doubtless appreciate; but I think it will be more advantageous to clear up the facts a little—not more advantageous to you, perhaps, but that is what I am here to do. So will you please tell me whether your son confessed to having murdered Mme. de Langrune, either during that night when you persuaded him to run away, or afterwards? Yes or no, please."
"I can't answer, sir. My son was mad! I will not believe my son was a criminal! There was absolutely no motive to prompt him to the deed, and his mother is in an asylum! That is the whole explanation of the crime! If he committed murder, it was in a fit of temporary insanity! He is dead; I refuse to cover his memory with the stain of infamy!"
"In other words, according to you Charles Rambert did confess, but you don't want to say so."
"I do not say he did confess."
"You leave it to be inferred."
Etienne Rambert made no reply, and the judge pa**ed on to another point.
"What exactly did you do after you left the château?"
"What anyone does, I suppose, when he runs away. We wandered miserably about, going through fields and woods, I accusing him and he defending himself. We avoided the villages, scarcely venturing even in the early morning to go and buy food, and walked quickly, wishing to get as far away as possible. We spent the most frightful time it is possible to conceive."
"How long was all this?"
"I was with my son for four days, sir."
"So it was on the fourth day that you k**ed him?"
"Have pity, sir! I did not k** my son. It was a murderer that I had with me, a murderer for whom the police were hunting and for whom the guillotine was waiting!"
"A murderer, if you prefer it so," said the judge, entirely heedless of the unhappy man's protests. "But you had no right to a**ume the functions of executioner. Come, you admit you did k** him?"
"I do not admit it."
"Do you deny that you k**ed him?"
"I did what my duty told me to do!"
"Still the same story!" said the judge, angrily drumming his fingers on the desk. "You refuse to answer. But even in your own interests you must have the courage to adopt some definite theory. Well, would you have been glad if your son had taken his own life?"
"May I entreat you to remember that my son is dead!" Etienne Rambert said once more. "I can only remember the one fact that he was my son. I can't say that I desired his d**h. I don't even know now if he was guilty. Whatever horror I may feel for a crime, I can only remember now that Charles was not in his right mind, and that he was the son of my loins!"
Again a tremor of emotion pa**ed through the court, and again the judge made an angry gesture ordering silence.
"So you decline to answer any of the principal points of the indictment? The jury will no doubt appreciate the reason. Well, can you let us know any of the advice you gave your son? If you did not desire him to take his own life, and if you had no intention of k**ing him, what did you want?"
"Oblivion," said Etienne Rambert, more calmly this time. "It was not for me to give my son up, and I could only desire for him oblivion, and if that was impossible, then d**h. I implored him to think of the life that was before him, and the future of shame, and I urged him to disappear for ever."
"Ah, you admit you did recommend him to commit suicide?"
"I mean I wanted him to go abroad."
The president feigned to be occupied with his notes, purposely giving time for the importance of the last admission he had wrung from Etienne Rambert to sink into the minds of the jury. Then, without raising his head, he asked abruptly:
"You were very surprised to hear of his d**h?"
"No," said Rambert dully.
"How did you part from each other?"
"The last night we slept out of doors, under a stack; we were both worn out and heart-sick; I prayed God of His mercy to have pity on us. It was by the bank of the Dordogne. Next morning when I woke up I was alone. He—my son—had disappeared. I know no more."
The judge quelled the emotion in the court by a threatening glance, and sprang a question on the defendant which was like a trap to catch him lying.
"If at that time you knew no more, how was it that a few days later you called on Inspector Juve and asked him at once what was known about the dead body of your son? The body had only been recovered within the previous hour or two, and had not been absolutely identified; the newspapers, at any rate, only suggested the identity, with the utmost reserve. But you, sir, had no doubt on the subject! You knew that the corpse was that of your son! Why? How?"
It was one of the strongest points that could be made in support of the theory that Etienne Rambert had murdered his son, and the defendant immediately saw the difficulty he would have in giving an adequate answer without compromising himself. He turned to the jury, as though he had more hope in them than in the court.
"Gentlemen," he cried, "this is torture! I can bear no more! I cannot answer any more. You know quite enough to form your judgment of me! Form it now! Say if I failed in my duty as a man of honour and a father! I, at least, can answer no more questions!" and he sank back in his place like a beaten man, crushed by the distress evoked by all these painful memories.
The judge nodded to the jury with the grim complacency of a man who has run down his game.
"This refusal to answer my questions is in itself tantamount to a confession," he said acidly. "Well, we will proceed to call the witnesses. I should like to say that the most interesting witness would undoubtedly be Bouzille, the tramp who recovered the body of Charles Rambert; but unfortunately that individual has no fixed abode and it has not been possible to serve him with a subpœna."
A number of witnesses succeeded one another in the box, without, however, throwing any fresh light upon the matter; they were peasants who had met the two Ramberts when they were flying from the château, village bakers who had sold them bread, and lockkeepers who had seen, but been unable to recover, the floating corpse. The people in the court began to weary of the proceedings, the more so as it was confidently rumoured that Etienne Rambert had proudly declined to call any witnesses on his behalf, and even to allow his counsel to make any rhetorical appeal to the jury. It might be imprudent, but there was something fine in his defiance.
There was, however, one more thrill of interest for the public. The judge had explained that he deemed it unnecessary to call the detective Juve, inasmuch as all the information he had to give was already detailed in the long indictment, but as Mme. de Langrune's granddaughter was present in court, he would exercise his discretion and request her to answer one or two questions. And, much taken aback by this unexpected publicity, Thérèse Auvernois followed the usher to the witness-box.
"Mademoiselle Thérèse Auvernois, I need hardly ask if you recognise M. Rambert: but do you identify him as the person whose conversation with young Charles Rambert you overheard on that fatal night at the château of Beaulieu?"
"Yes, sir, that is M. Etienne Rambert," she replied in low tones, and with a long and tender look of pity at the defendant.
"Will you please tell us anything you know that has any bearing upon the charge brought against the defendant, the charge of having k**ed his son?"
Thérèse made a visible effort to restrain her distress.
"I can only say one thing, sir: that M. Rambert was talking to his son in tones of such terrible distress that I knew his heart was broken by the tragedy. I have heard so much from my dear grandmother about M. Etienne Rambert that I can only remember that she always declared him to be a man of the very highest principle, and I can only tell him here how dreadfully sorry I am for him, and that everybody pities him as much as I do."
The judge had expected that Thérèse would be a witness hostile to the defendant, whereas anything she was going to say would obviously be much to his advantage. He cut her short.
"That is enough, mademoiselle. Thank you," and while Thérèse was going back to her seat, wiping away the tears that would come to her eyes despite her bravest efforts to keep her self-control in the presence of so many strangers, the judge announced that there were no other witnesses to be heard, and called upon the Public Prosecutor to address the court.
That personage rose at once and made a harangue that was eloquent enough, no doubt, but introduced no new features into the case. He relied upon his law rather than his facts: rapidly recapitulated the defendant's contradictions and pitifully weak arguments, if arguments they could be called: claimed that the facts had been proved despite the defendant's steady refusal to answer questions: and insisted on the point that the defendant had no right whatever to take the law into his own hands, and either k** his son or aid and abet in his flight. He concluded by asking for a verdict of guilty, and a sentence of penal servitude for life.
To him succeeded counsel for the defendant, whose speech was brevity itself. He declined to make any appeal ad misericordiam, but simply asked the jury to decide whether the defendant had not acted as any high-principled father would act when he discovered that his son had committed a crime during a fit of insanity. He asked only for an impartial decision on the facts, from men of high principle, and he sat down conscious of having focussed the issue on the proper point and secured the sympathy of the public.
The judges withdrew to their room, the jury retired to consider their verdict, and Etienne Rambert was removed between two warders. Juve had not stirred during the whole trial, or displayed the least sign of approval or disapproval at any of the questions and answers exchanged. He sat now unobtrusively listening to the conversation that pa**ed near him, relative to the issue of the case.
President Bonnet opined that Etienne Rambert had blundered in refusing to put up any defence: he had shown contempt of court, which was always unwise, and the court would show him no mercy. Dollon was of another opinion: according to him Etienne Rambert was a sport of fate, deserving pity rather than severity, and the court would be very lenient. Another man declared that Etienne Rambert had been in an impa**e: however fondly he loved his son he could not but hope that he might commit suicide: if a friend committed an offence against the laws of honour, the only thing to do was to put a pistol into his hand. And so on: the only point on which all were unanimous was their sympathy with the defendant.
But a bell rang sharply; grave and impa**ive, the jury returned, the judges filed once more into their seats, Etienne Rambert was led back into court by the warders. In tense silence the foreman of the jury spoke:
"In the presence of God and of man, and upon my honour and my conscience I declare that the answer of the jury is 'no' to all the questions put, and that is the answer of them all."
It was acquittal!
There was no applause, but yet it seemed as if the words that set the defendant free had relieved every bosom of an overwhelming dread; the air seemed easier to breathe; and there was no one there but seemed physically better and also happier, for hearing a verdict which gave sanction for the general pity they had felt for the unhappy defendant, a man of honour and a most unhappy father!
By their verdict the jury had implicitly applauded and commiserated Etienne Rambert; but he still sat in the dock, broken and prostrated by terrible distress, sobbing unreservedly and making no effort to restrain his immeasurable grief.