* This sentence is taken from another part of the "Acte d'accusation."
"No, we may fearlessly affirm that Louis Rey was not guilty of the crime which Peytel lays to his charge. If, to those who knew him, his mild and open disposition, his military career, modest and without a stain, the touching regrets of his employers, are sufficient proofs of his innocence,—the calm and candid observer, who considers how the crime was conceived, was executed, and what consequences would have resulted from it, will likewise acquit him, and free him of the odious imputation which Peytel endeavors to cast upon his memory.
"But justice has removed the veil, with which an impious hand endeavored to cover itself. Already, on the night of the 1st of November, suspicion was awakened by the extraordinary agitation of Peytel; by those excessive attentions towards his wife, which came so late; by that excessive and noisy grief, and by those calculated bursts of sorrow, which are such as Nature does not exhibit. The criminal, whom the public conscience had fixed upon; the man whose frightful combinations have been laid bare, and whose falsehoods, step by step, have been exposed, during the proceedings previous to the trial; the murderer, at whose hands a heart-stricken family, and society at large, demands an account of the blood of a wife;—that murderer is Peytel."
When, my dear Briefless, you are a judge (as I make no doubt you will be, when you have left off the club all night, cigar-smoking of mornings, and reading novels in bed), will you ever find it in your heart to order a fellow-sinner's head off upon such evidence as this? Because a romantic Substitut du Procureur de Roi chooses to compose and recite a little drama, and draw tears from juries, let us hope that severe Rhadamanthine judges are not to be melted by such trumpery. One wants but the description of the characters to render the piece complete, as thus:—
Personages Costumes. SEBASTIAN PEYTAL Meurtrier Habillement complet de notaire perfide: figure pâle, barbe noire, cheveux noirs. LOUIS REY Soldat rétiré, bon, Costume ordinaire; il porte sur brave, franc, jovial ses épaules une couverture de aimant le vin, les cheval. femmes, la gaieté, ses maîtres surtout; vrai Français, enfin WOLF Lieutenant de gendarmerie. FÉLICITÉ D'ALCAZAR Femme et victime de Peytel. Médecins, Villageois, Filles d'Auberge, Garçons d'Ecurie, &c. &c. La scène se passe sur le pont d'Andert, entre Macon et Belley. Il est minuit. La pluie tombe: les tonnerres grondent. Le ciel est convert de nuages, et sillonné d'éclairs.
All these personages are brought into play in the Procureur's drama; the villagers come in with their chorus; the old lieutenant of gendarmes with his suspicions; Rey's frankness and gayety, the romantic circumstances of his birth, his gallantry and fidelity, are all introduced, in order to form a contrast with Peytel, and to call down the jury's indignation against the latter. But are these proofs? or anything like proofs? And the suspicions, that are to serve instead of proofs, what are they?
"My servant, Louis Rey, was very sombre and reserved," says Peytel; "he refused to call me in the morning, to carry my money-chest to my room, to cover the open car when it rained." The Prosecutor disproves this by stating that Rey talked with the inn maids and servants, asked if his master was up, and stood in the inn-yard, grooming the horses, with his master by his side, neither speaking to the other. Might he not have talked to the maids, and yet been sombre when speaking to his master? Might he not have neglected to call his master, and yet have asked whether he was awake? Might he not have said that the inn-gates were safe, out of hearing of the ostler witness? Mr. Substitute's answers to Peytel's statements are no answer at all. Every word Peytel said might be true, and yet Louis Rey might not have committed the murder; or every word might have been false, and yet Louis Rey might have committed the murder.
"Then," says Mr. Substitute, "how many obstacles are there to the commission of the crime? And these are—
"1. Rey provided himself with ONE holster pistol, to kill two people, knowing well that one of them had always a brace of pistols about him.
"2. He does not think of firing until his master's eyes are open: fires at six paces, not caring at whom he fires, and then runs away.
"3. He could not have intended to kill his master, because he had no passport in his pocket, and no clothes; and because he must have been detained at the frontier until morning; and because he would have had to drive two carriages, in order to avoid suspicion.
"4. And, a most singular circumstance, the very pistol which was found by his side had been bought at the shop of a man at Lyons, who perfectly recognized Peytel as one of his customers, though he could not say he had sold that particular weapon to Peytel."
Does it follow, from this, that Louis Rey is not the murderer, much more, that Peytel is? Look at argument No. 1. Rey had no need to kill two people: he wanted the money, and not the blood. Suppose he had killed Peytel, would he not have mastered Madame Peytel easily?—a weak woman, in an excessively delicate situation, incapable of much energy, at the best of times.
2. "He does not fire till he knows his master's eyes are open." Why, on a stormy night, does a man driving a carriage go to sleep? Was Rey to wait until his master snored? "He fires at six paces, not caring whom he hits;"—and might not this happen too? The night is not so dark but that he can see his master, in HIS USUAL PLACE, driving. He fires and hits—whom? Madame Peytel, who had left her place, AND WAS WRAPPED UP WITH PEYTEL IN HIS CLOAK. She screams out, "Husband, take your pistols." Rey knows that his master has a brace, thinks that he has hit the wrong person, and, as Peytel fires on him, runs away. Peytel follows, hammer in hand; as he comes up with the fugitive, he deals him a blow on the back of the head, and Rey falls—his face to the ground. Is there anything unnatural in this story?—anything so monstrously unnatural, that is, that it might not be true?
3. These objections are absurd. Why need a man have change of linen? If he had taken none for the journey, why should he want any for the escape? Why need he drive two carriages?—He might have driven both into the river, and Mrs. Peytel in one. Why is he to go to the douane, and thrust himself into the very jaws of danger? Are there not a thousand ways for a man to pass a frontier? Do smugglers, when they have to pass from one country to another, choose exactly those spots where a police is placed?
And, finally, the gunsmith of Lyons, who knows Peytel quite well, cannot say that he sold the pistol to him; that is, he did NOT sell the pistol to him; for you have only one man's word, in this case (Peytel's), to the contrary; and the testimony, as far as it goes, is in his favor. I say, my lud, and gentlemen of the jury, that these objections of my learned friend, who is engaged for the Crown, are absurd, frivolous, monstrous; that to SUSPECT away the life of a man upon such suppositions as these, is wicked, illegal, and inhuman; and, what is more, that Louis Rey, if he wanted to commit the crime—if he wanted to possess himself of a large sum of money, chose the best time and spot for so doing; and, no doubt, would have succeeded, if Fate had not, in a wonderful manner, caused Madame Peytel TO TAKE HER HUSBAND'S PLACE, and receive the ball intended for him in her own head.
But whether these suspicions are absurd or not, hit or miss, it is the advocate's duty, as it appears, to urge them. He wants to make as unfavorable an impression as possible with regard to Peytel's character; he, therefore, must, for contrast's sake, give all sorts of praise to his victim, and awaken every sympathy in the poor fellow's favor. Having done this, as far as lies in his power, having exaggerated every circumstance that can be unfavorable to Peytel, and given his own tale in the baldest manner possible—having declared that Peytel is the murderer of his wife and servant, the Crown now proceeds to back this assertion, by showing what interested motives he had, and by relating, after its own fashion, the circumstances of his marriage.
They may be told briefly here. Peytel was of a good family, of Macon, and entitled, at his mother's death, to a considerable property. He had been educated as a notary, and had lately purchased a business, in that line, in Belley, for which he had paid a large sum of money; part of the sum, 15,000 francs, for which he
had given bills, was still due.
Near Belley, Peytel first met Félicité Alcazar, who was residing with her brother-in-law, Monsieur de Montrichard; and, knowing that the young lady's fortune was considerable, he made an offer of marriage to the brother-in-law, who thought the match advantageous, and communicated on the subject with Félicité's mother, Madame Alcazar, at Paris. After a time Peytel went to Paris, to press his suit, and was accepted. There seems to have been no affectation of love on his side; and some little repugnance on the part of the lady, who yielded, however, to the wishes of her parents, and was married. The parties began to quarrel on the very day of the marriage, and continued their disputes almost to the close of the unhappy connection. Félicité was half blind, passionate, sarcastic, clumsy in her person and manners, and ill educated; Peytel, a man of considerable intellect and pretensions, who had lived for some time at Paris, where he had mingled with good literary society. The lady was, in fact, as disagreeable a person as could well be, and the evidence describes some scenes which took place between her and her husband, showing how deeply she must have mortified and enraged him.
A charge very clearly made out against Peytel, is that of dishonesty; he procured from the notary of whom he bought his place an acquittance in full, whereas there were 15,000 francs owing, as we have seen. He also, in the contract of marriage, which was to have resembled, in all respects, that between Monsieur Broussais and another Demoiselle Alcazar, caused an alteration to be made in his favor, which gave him command over his wife's funded property, without furnishing the guarantees by which the other son-in-law was bound. And, almost immediately after his marriage, Peytel sold out of the funds a sum of 50,000 francs, that belonged to his wife, and used it for his own purposes.
About two months after his marriage, PEYTEL PRESSED HIS WIFE TO MAKE HER WILL. He had made his, he said, leaving everything to her, in case of his death: after some parley, the poor thing consented.* This is a cruel suspicion against him; and Mr. Substitute has no need to enlarge upon it. As for the previous fact, the dishonest statement about the 15,000 francs, there is nothing murderous in that—nothing which a man very eager to make a good marriage might not do. The same may be said of the suppression, in Peytel's marriage contract, of the clause to be found in Broussais's, placing restrictions upon the use of the wife's money. Mademoiselle d'Alcazar's friends read the contract before they signed it, and might have refused it, had they so pleased.
* "Peytel," says the act of accusation, "did not fail to see the danger which would menace him, if this will (which had escaped the magistrates in their search of Peytel's papers) was discovered. He, therefore, instructed his agent to take possession of it, which he did, and the fact was not mentioned for several months afterwards. Peytel and his agent were called upon to explain the circumstance, but refused, and their silence for a long time interrupted the 'instruction'" (getting up of the evidence). "All that could be obtained from them was an avowal, that such a will existed, constituting Peytel his wife's sole legatee; and a promise, on their parts, to produce it before the court gave its sentence." But why keep the will secret? The anxiety about it was surely absurd and unnecessary: the whole of Madame Peytel's family knew that such a will was made. She had consulted her sister concerning it, who said—"If there is no other way of satisfying him, make the will;" and the mother, when she heard of it, cried out—"Does he intend to poison her?"
After some disputes, which took place between Peytel and his wife (there were continual quarrels, and continual letters passing between them from room to room), the latter was induced to write him a couple of exaggerated letters, swearing "by the ashes of her father" that she would be an obedient wife to him, and entreating him to counsel and direct her. These letters were seen by members of the lady's family, who, in the quarrels between the couple, always took the husband's part. They were found in Peytel's cabinet, after he had been arrested for the murder, and after he had had full access to all his papers, of which he destroyed or left as many as he pleased. The accusation makes it a matter of suspicion against Peytel, that he should have left these letters of his wife's in a conspicuous situation.
"All these circumstances," says the accusation, "throw a frightful light upon Peytel's plans. The letters and will of Madame Peytel are in the hands of her husband. Three months pass away, and this poor woman is brought to her home, in the middle of the night, with two balls in her head, stretched at the bottom of her carriage, by the side of a peasant."
"What other than Sebastian Peytel could have committed this murder?—whom could it profit?—who but himself had an odious chain to break, and an inheritance to receive? Why speak of the servant's projected robbery? The pistols found by the side of Louis's body, the balls bought by him at Macon, and those discovered at Belley among his effects, were only the result of a perfidious combination. The pistol, indeed, which was found on the hill of Darde, on the night of the 1st of November, could only have belonged to Peytel, and must have been thrown by him, near the body of his domestic, with the paper which had before enveloped it. Who had seen this pistol in the hands of Louis? Among all the gendarmes, work-women, domestics, employed by Peytel and his brother-in-law, is there one single witness who had seen this weapon in Louis's possession? It is true that Madame Peytel did, on one occasion, speak to M. de Montrichard of a pistol; which had nothing to do, however, with that found near Louis Rey."
Is this justice, or good reason? Just reverse the argument, and apply it to Rey. "Who but Rey could have committed this murder?—who but Rey had a large sum of money to seize upon?—a pistol is found by his side, balls and powder in his pocket, other balls in his trunks at home. The pistol found near his body could not, indeed, have belonged to Peytel: did any man ever see it in his possession? The very gunsmith who sold it, and who knew Peytel, would he not have known that he had sold him this pistol? At his own house, Peytel has a collection of weapons of all kinds; everybody has seen them—a man who makes such collections is anxious to display them. Did any one ever see this weapon?—Not one. And Madame Peytel did, in her lifetime, remark a pistol in the valet's possession. She was short-sighted, and could not particularize what kind of pistol it was; but she spoke of it to her husband and her brother-in-law." This is not satisfactory, if you please; but, at least, it is as satisfactory as the other set of suppositions. It is the very chain of argument which would have been brought against Louis Rey by this very same compiler of the act of accusation, had Rey survived, instead of Peytel, and had he, as most undoubtedly would have been the case, been tried for the murder.
This argument was shortly put by Peytel's counsel:—"if Peytel had been killed by Rey in the struggle, would you not have found Rey guilty of the murder of his master and mistress?" It is such a dreadful dilemma, that I wonder how judges and lawyers could have dared to persecute Peytel in the manner which they did.
After the act of accusation, which lays down all the suppositions against Peytel as facts, which will not admit the truth of one of the prisoner's allegations in his own defence, comes the trial. 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 A FAILURE, 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, IS VERY 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 à 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."
The Paris Sketch Book of Mr. M. A. Titmarsh Page 29