M. Folgat and M. Magloire went to the courthouse; and, as they descended the steep street from M. de Chandore's house, the Paris lawyer said,--"M. Galpin must fancy himself wonderfully safe in his position, that he should grant the defence permission to see all the papers of the prosecution."Ordinarily such leave is given only after the court has begun proceedings against the accused, and the presiding judge has questioned him. This looks like crying injustice to the prisoner; and hence arrangements can be made by which the rigor of the law is somewhat mitigated. With the consent of the commonwealth attorney, and upon his responsibility, the magistrate who had carried on the preliminary investigation may inform the accused, or his counsel, by word of mouth, or by a copy of all or of part, of what has happened during the first inquiry. That is what M. Galpin had done.
And on the part of a man who was ever ready to interpret the law in its strictest meaning, and who no more dared proceed without authority for every step than a blind man without his staff,--or on the part of such a man, an enemy, too, of M. de Boiscoran, this permission granted to the defence was full of meaning. But did it really mean what M.
Folgat thought it did?
"I am almost sure you are mistaken," said M. Magloire. "I know the good man, having practiced with him for many years. If he were sure of himself, he would be pitiless. If he is kind, he is afraid. This concession is a door which he keeps open, in case of defeat."The eminent counsel was right. However well convinced M. Galpin might be of Jacques's guilt, he was still very much troubled about his means of defence. Twenty examinations had elicited nothing from his prisoner but protestations of innocence. When he was driven to the wall, he would reply,--"I shall explain when I have seen my counsel."This is often the reply of the most stupid scamp, who only wants to gain time. But M. Galpin knew his former friend, and had too high an opinion of his mind, not to fear that there was something serious beneath his obstinate silence.
What was it? A clever falsehood? a cunningly-devised /alibi/? Or witnesses bribed long beforehand?
M. Galpin would have given much to know. And it was for the purpose of finding it out sooner, that he had given the permission. Before he granted it, however, he had conferred with the commonwealth attorney.
Excellent M. Daubigeon, whom he found, as usual, admiring the beautiful gilt edging of his beloved books, had treated him badly.
"Do you come for any more signatures?" he had exclaimed. "You shall have them. If you want any thing else, your servant 'When the blunder is made, It is too late, I tell thee, to come for advice.' "However discouraging such a welcome might be, M. Galpin did not give up his purpose. He said in his bitterest tone,--"You still insist that it is a blunder to do one's duty. Has not a crime been committed? Is it not my duty to find out the author, and to have him punished? Well? Is it my fault if the author of this crime is an old friend of mine, and if I was once upon a time on the point of marrying a relation of his? There is no one in court who doubts M. de Boiscoran's guilt; there is no one who dares blame me: and yet they are all as cold as ice towards me.""Such is the world," said M. Daubigeon with a face full of irony.
"They praise virtue; but they hate it."
"Well, yes! that is so," cried M. Galpin in his turn. "Yes, they blame people who have done what they had not the courage to do. The attorney general has congratulated me, because he judges things from on high and impartially. Here cliques are all-powerful. Even those who ought to encourage and support me, cry out against me. My natural ally, the commonwealth attorney, forsakes me and laughs at me. The president of the court, my immediate superior, said to me this morning with intolerable irony, 'I hardly know any magistrate who would be able as you are to sacrifice his relations and his friends to the interests of truth and justice. You are one of the ancients: you will rise high.' "His friend could not listen any further. He said,--"Let us break off there: we shall never understand each other. Is Jacques de Boiscoran innocent, or guilty? I do not know. But I do know that he was the pleasantest man in the world, an admirable host, a good talker, a scholar, and that he owned the finest editions of Horace and Juvenal that I have ever seen. I liked him. I like him still; and it distresses me to think of him in prison. I know that we had the most pleasant relations with each other, and that now they are broken off. And you, you complain! Am I the ambitious man? Do I want to have my name connected with a world-famous trial? M. de Boiscoran will in all probability be condemned. You ought to be delighted. And still you complain? Why, one cannot have everything. Who ever undertook a great enterprise, and never repented of it?"After that there was nothing left for M. Galpin but to go away. He did go in a fury, but at the same time determined to profit by the rude truths which M. Daubigeon had told him; for he knew very well that his friend represented in his views nearly the whole community. He was fully prepared to carry out his plan. Immediately after his return, he communicated the papers of the prosecution to the defence, and directed his clerk to show himself as obliging as he could. M.
Mechinet was not a little surprised at these orders. He knew his master thoroughly,--this magistrate, whose shadow he had been now for so many years.
"You are afraid, dear sir," he had said to himself.
And as M. Galpin repeated the injunction, adding that the honor of justice required the utmost courtesy when rigor was not to be employed, the old clerk replied very gravely,--"Oh! be reassured, sir. I shall not be wanting in courtesy."But, as soon as the magistrate turned his back, Mechinet laughed aloud.
"He would not recommend me to be obliging," he thought, "if he suspected the truth, and knew how far I am devoted to the defence.