Conscience Part 34

It was not to falsify Phillis's story that Saniel insisted on going to see Nougarede. What good would it do? That would be a blunder which sooner or later would show itself, and in that case would turn against him. He would have liked, with the authority of a physician, to explain that this testimony of a paralytic could have no more importance than that of a crazy woman.

But at the first words of an explanation Nougarede stopped him.

"What you say is very possible, my dear friend; but I shall make you see that it is not for us to raise objections of this kind. Here is a testimony that may save our client; let us accept this, such as it may be, whence it comes. It is the business of the prosecution to prove that our witness could not see what she relates that she saw, or that her mental condition does not permit her to know what she saw; and do not be afraid, investigation will not be lacking. Do not let us even give a hint from our side; that would be stupid."

This, certainly, was not what Saniel wished; only he believed it a duty, in his quality of physician, to indicate some rocks against which they might strike themselves.

"Our duty," continued the advocate, "is, therefore, to manage in a way to escape them; and this is how I understand the role of this really providential witness, if it is possible to make her undertake it.

Since it has occurred to you--you who wish the acquittal of this poor boy--that the testimony of Madame Dammauville may be vitiated by the simple fact that it comes from a sick woman, it is incontestable, is it not, that this same idea will occur to those who wish for his conviction? This testimony should be irrefutable; it should be presented in such a way that no one could raise anything against it, so that it would compel the acquittal in the same moment that it is presented. It was between a quarter past and half past five o'clock that Caffie was a.s.sa.s.sinated; at exactly a quarter past five, a woman of respectable position, and whose intellectual as well as physical faculties render her worthy of being believed, saw in Caffies office a man, with whom it is materially impossible to confound Florentin Cormier, draw the curtains of the window, and thus prepare for the crime. She would make her deposition in these conditions, and in these terms, and the affair would be finished. There would not be a judge, after this confrontation, who would send Florentin Cormier before the a.s.sizes, and, a.s.suredly, there would not be two voices in the jury for conviction. But things will not happen like this. Without doubt, Madame Dammauville bears a name that is worth something; her husband was an estimable attorney, a brother of the one who was notary at Paris."

"Have you ever had any business with her?"

"Never. I tell you what is well known to every one, morally she is irreproachable. But is she the same physically and mentally? Not at all, unfortunately. If a physician can be found who will declare that her paralysis does not give her aberrations or hallucinations, another one will be found who will contest these opinions, and who will come to an opposite conclusion. So much for the witness herself; now for the testimony. This testimony does not say that the man who drew the curtains at a quarter past five was built in such a way that it is materially impossible to confound him with Florentin Cormier, because he was small or hunchbacked or bald, or dressed like a workman; while Florentin is tall, straight, with long hair and beard, and dressed like a gentleman. It says, simply, that the man who drew the curtains was tall, with long hair, and curled blond beard, and dressed like a gentleman. But this description is exactly Florentin Cormier's, as it is yours--"

"Mine!" Saniel exclaimed.

"Yours, as well as that of many others. And it is this, unfortunately for us, which destroys the irrefutability that we must have. How is it certain that this tall man, with long hair and curled beard, is not Florentin Cormier, since these are his chief characteristics? And it was at night, at a distance of twelve or fifteen metres, through a window, whose panes were obscured by the dust of papers and the mist, that this sick woman, whose eyes are affected, whose mind is weakened by suffering, was able, in a very short s.p.a.ce of time, when she had no interest to imprint upon her memory what she saw, to grasp certain signs, that she recalled yesterday strongly enough to declare that the man who drew the curtains was not Florentin Cormier, against whom so many charges have acc.u.mulated from various sides, and who has only this testimony in his favor--every sensible person could not but find it suspicious!"

"But it is true," Saniel said, happy to lend himself to this view of the matter, which was his own.

"What makes the truth of a thing, my dear sir, is the way of presenting it; let us change this manner and we falsify it. To arrive at the conclusion which made you say 'It is true,' I am on the side of the idea that to-morrow Madame Dammauville's story should be known to the law, that the brave lady should be heard before the prosecution, and that time should be allowed to examine this testimony that you suspect. Now let us look at it from the opposite point. Madame Dammauville's story is not known to the law, or, if something transpires, we will arrange that this something is so vague that the prosecution will attach but little importance to it. And this is possible if we do not base a new defence on this testimony. We arrive at the judgment, and when the prosecution has listened to its witnesses which have overwhelmed us--the agent of affairs Savoureux, the tailor Valerius,--it is Madame Dammauville's turn. She simply relates what she saw, and declares that the man who is on the prisoner's bench is not the same who drew the curtains at a quarter past five. Do you see the 'coup de theatre'? The prosecution had not foreseen it; it had not inquired into the health of the witness; the physician would not be there to quote the defects of sight or reason; very probably it would not think of the dusty windowpanes, or of the distance. And all the opposing arguments that would be properly arranged if there were time, would be lacking, and we should carry the acquittal with a high hand."

Arranged thus, things were too favorable for Saniel for him not to receive, with a sentiment of relief, this combination which brought Florentin's acquittal more surely, it seemed to him, than all that they had arranged for his defence up to this day. However, an objection occurred to him, which he communicated to Nougarede immediately.

"Would one wish to admit that Madame Dammauville had kept silent on so grave a matter, and waited for an audience to reveal it?"

"This silence she kept until yesterday; why should she not keep it a few days longer? It is evident that if she had not related what she saw, it is because she had reasons for being silent. It is probable that, being ill, she did not wish to expose herself to the annoyances and fatigue of an investigation; and in her eyes her deposition was not of great importance. What should she have revealed to the prosecution? That the man who committed the crime was tall, with a curled blond beard? This man the law held, or it held one the description of whom answered to this, which to Madame Dammauville was the same thing. She did not need, therefore, to call the police or the judge to tell them these insignificant things for her own comfort; and, also, because she believed that she had nothing interesting to say, she did not speak. It was when accident brought to her notice the portrait of the accused, she recognized that the law had not the real criminal, and then she broke the silence. The moment when she first saw this portrait is not stated precisely; I undertake to arrange that. The difficulty is not there."

"Where do you see it?"

"Here: Madame Dammauville may have already told her story to so many persons that it is already public property, where the prosecution has picked it up. In that case there will be no 'coup de theatre'. She will be questioned, her deposition examined, and we will have only a suspected testimony. The first thing to do, then, is to know how far this story has spread, and if there is yet time to prevent it from spreading farther."

"That is not easy, it seems to me."

"I believe Mademoiselle Phillis can do it. She is a brave woman, whom nothing dejects or disconcerts, which is the living proof that we are only valued according to the force and versatility of the inner consciousness. For the rest, I need not sound her praises, since you know her better than I; and what I say has no other object but to explain the confidence that I place in her. As I cannot interfere myself, I think there is no better person than she to act on Madame Dammauville, without disturbing or wounding her, and to bring about the result that we desire. I am sure that she has already won Madame Dammauville, and that she will be listened to with sympathy."

"Do you wish me to write to her to come to see you tomorrow?"

"No; it would be better for you so see her this evening, if possible."

"I shall go to the Batignolles when I leave you."

"She will enter into her part perfectly, I am certain, and she will succeed, I hope."

"It seems to me that your combination rests, above all, on the 'coup de theatre' of the non-recognition of Florentin by Madame Dammauville. How will you bring this paralytic to court?"

"I depend upon you."

"And how?"

"You will examine her."

"I shall have to go to her house!"

"Why not?"

"Because I am not her doctor."

"You will become so."

"It is impossible."

"I do not find it at all impossible that you should be called in consultation. I have not forgotten that your thesis was on the paralyses due to the affection of the spinal cord, and it was remarkable enough for us to discuss it in our 'parlotte' of the Rue de Vaugirard. You have, therefore, authority in the matter."

"It is not on account of having written several works on the pathological anatomy of medullary lesions, and especially on the alterations of the spinal ganglia, that one acquires authority in a question so comprehensive and so delicate."

"Do not be too modest, dear friend. I have had, lately, to consult my Dictionary of Medicine, and at each page your work was quoted. And, besides, the way in which you pa.s.sed your examinations made you famous.

Every one talks of you. So it is not impossible that Mademoiselle Phillis, relating that her mother was cured of a similar paralysis, will give Madame Dammauville the idea of consulting you, and her physician will send for you."

"You will not do that?"

"And why should I not do it?"

They looked at each other a moment in silence, and Saniel turned his eyes away.

"I detest nothing so much as to appear to put myself forward."

"In this case it is no matter what you detest or like. The question is to save this unfortunate young man whom you know to be innocent; and you can do a kind deed and aid us. You examine Madame Dammauville; you see with which paralysis she is afflicted, and consequently, what exceptions may be taken at her testimony. At the same time, you see if you can cure her, or, at least, put her in a state to go to court."

"And if it is proved that she cannot leave her bed?"

"In that case I shall change my order of battle, and that is why it is of capital importance--you know that that is the word--that we should be warned beforehand."

"You will make the judge receive her deposition?"

"In any case. But I shall make her write a letter that I shall read at the desired moment, and I shall call upon her physician to explain that he would not permit his patient to come to court. Without doubt, the effect would not be what I desire, but, anyhow, we should have one."

CHAPTER XXVI. A GOOD MEMORY

After Phillis, Nougarde also wished him to see Madame Dammauville; this coincidence was not the least danger of the situation that opened before him.

If he saw her, the chances were that she would recognize in him the man who drew the curtains; for, if he was able to speak to Phillis and Nougarede of an affection of the eyes or of the mind, he did not believe in these affections, which for him were only makeshifts.

When he reached Madame Cormier's, Phillis had not returned, and he was obliged to explain to the uneasy mother why her daughter was late.