thus far the case is one of suspicion only. waiting until the end of the trial before we decide on whom that suspicion ought to rest, let us now hear the evidence by which the duparcs and their adherents proceeded to justify their conspiracy against the liberty and the life of a friendless girl.
having secured marie in solitary confinement, and having thus left the house and all that it contained for a whole night at the free disposal of the duparcs, the procurator revel bethought himself, the morning after the arrest of his prisoner, of the necessity of proceeding with something like official regularity. he accordingly issued his requisition to the lieutenant-criminel to accompany him to the house of monsieur duparc, attended by the medical officers and the clerk, to inquire into the circumstances under which the suspected death by poisoning of monsieur de beaulieu had taken place. marie had been imprisoned on the evening of the seventh of august, and this requisition is dated on the morning of the eighth. the document betrays one remarkable informality. it mentions the death of monsieur de beaulieu; but is absolutely silent on the subject of the alleged poisoning of seven persons at dinner the next day. and yet it was this latter circumstance only which first directed suspicion against marie, and which induced friley to lodge the information against her on which the procurator was now acting. probably monsieur revel’s legal acumen convinced him, at the outset, that the story of the poisoned dinner was too weak to be relied on.
the officers of the law, accompanied by the doctors, proceeded to the house of the duparcs on the eighth of august. after viewing the body of monsieur de beaulieu, the medical men were directed to open and examine it. they reported the discovery in the stomach of a reddish, brick-colored liquid, somewhat resembling the lees of wine. the mucous membrane was detached in some places, and its internal surface was corroded. on examining the reddish liquid, they found it to contain a crystallized sediment, which, on analyzation, proved to be arsenic. upon this, the doctors delivered it as their opinion that monsieur de beaulieu had been poisoned, and that poison had been the cause of his death.
the event having taken this serious turn, the first duty of the lieutenant-criminel (according to the french law) was to send for the servant on whom suspicion rested, to question her, and to confront her with the duparcs. he did nothing of the kind; he made no inquiry after the servant (being probably unwilling to expose his colleague, the procurator, who had illegally arrested and illegally imprisoned her); he never examined the kitchen utensils which the commissary had locked up; he never opened the servant’s cupboard with the key that had been taken from her when she was searched in prison. all he did was to reduce the report of the doctors to writing, and to return to his office with his posse comitatus at his heels.
it was necessary to summon the witnesses and examine them. but the procurator revel now conveniently remembered the story of the poisoned dinner, and he sent the lieutenant-criminel to examine the duparcs and their friends at the private residence of the family, in consideration of the sickly condition of the eaters of the adulterated meal. it may be as well to observe, here as elsewhere, that these highly indulged personages had none of them been sufficiently inconvenienced even to go to bed, or in any way to alter their ordinary habits.
on the afternoon of the eighth, the lieutenant-criminel betook himself to the house of monsieur duparc, to collect evidence touching the death by poison of monsieur de beaulieu. the first witness called was monsieur duparc.
this gentleman, it will be remembered, was away from home on monday, the sixth, when monsieur de beaulieu died, and only returned, at the summons of his eldest son, at half-past eleven on the forenoon of the seventh. he had nothing to depose connected with the death of his father-in-law, or with the events which might have taken place in the house on the night of the sixth and the morning of the seventh. on the other hand, he had a great deal to say about the state of his own stomach after the dinner of the seventh — a species of information not calculated to throw much light on the subject of inquiry, which was the poisoning of monsieur de beaulieu.
the old lady, madame de beaulieu, was next examined, she could give no evidence of the slightest importance touching the matter in hand; but, like monsieur duparc, she had something to say on the topic of the poisoned dinner.
madame duparc followed on the list of witnesses. the report of her examination — so thoroughly had she recovered from the effects of the dinner of the seventh — ran to a prodigious length. five-sixths of it related entirely to her own sensations and suspicions, and the sensations and suspicions of her relatives and friends, after they had risen from the table. as to the point at issue, the point which affected the liberty, and perhaps the life, of her unfortunate servant, she had so little to say that her testimony may be repeated here in her own words:
“the witness (madame duparc) deposed, that after marie had helped monsieur de beaulieu to get up, she (marie) hastened out for the milk, and, on her return with it, prepared the hasty-pudding, took it herself off the fire, and herself poured it out into the plate — then left the kitchen to accompany madame de beaulieu to mass. four or five minutes after monsieur de beaulieu had eaten the hasty-pudding, he was seized with violent illness.”
short as it is, this statement contains several distinct suppressions of the truth.
first, madame duparc is wrong in stating that marie fetched the milk, for it was the milk-woman who brought it to the house. secondly, madame duparc conceals the fact that she handed the flour to the servant to make the hasty-pudding. thirdly, madame duparc does not mention that she held the plate for the pudding to be poured into, and took it to her father. fourthly, and most important of all, madame duparc altogether omits to state that she sprinkled salt, with her own hands, over the hasty-pudding — although she had expressly informed her servant, a day or two before, that salt was never to be mixed with it. at a subsequent stage of the proceedings she was charged with having salted the hasty-pudding herself, and she could not, and did not, deny it.
the examination of madame duparc ended the business of the day of the eighth. the next morning the lieutenant-criminel, as politely attentive as before, returned to resume his inquiry at the private residence of monsieur duparc.
the first witness examined on the second day was mademoiselle duparc. she carefully followed her mother’s lead — saying as little as possible about the preparation of the hasty-pudding on the morning of monday, and as much as possible about the pain suffered by everybody after the dinner of tuesday. madame beauguillot, the next witness, added her testimony, as to the state of her own digestive organs, after partaking of the same meal — speaking at such prodigious length that the poison would appear, in her case, to have produced its principal effect (and that of a stimulating kind) on her tongue. her son, monsieur de beauguillot, was next examined, quite uselessly in relation to the death by poison, which was the object of inquiry. the last witness was madame duparc’s younger son — the same who had complained of feeling a gritty substance between his teeth at dinner. in one important respect, his evidence flatly contradicted his mother’s. madame duparc had adroitly connected monsieur de beaulieu’s illness with the hasty-pudding, by describing the old man as having been taken ill four or five minutes after eating it. young duparc, on the contrary, declared that his grandfather first felt ill at nine o’clock —-exactly two hours after he had partaken of his morning meal.
with the evidence of this last witness, the examinations at the private residence of monsieur duparc ended. thus far, out of the seven persons, all related to each other, who had been called as witnesses, three (monsieur duparc himself, madame beauguillot, and her son) had not been in the house on the day when monsieur de beaulieu died. of the other four, who had been present (madame de beaulieu, madame duparc, her son and her daughter), not one deposed to a single fact tending to fix on marie any reasonable suspicion of having administered poison to monsieur de beaulieu.
the remaining witnesses, called before the lieutenant-criminel, were twenty-nine in number. not one of them had been in the house on the monday which was the day of the old man’s death. twenty-six of them had nothing to offer but hearsay evidence on the subject of the events which had taken place at, and after, the dinner of tuesday. the testimony of the remaining three; namely, of friley, who had lodged the information against marie; of surgeon hébert, who had searched her pockets in the house; and of commissary bertot, who had searched her for the second time, after taking her to prison — was the testimony on which the girl’s enemies mainly relied for substantiating their charges by positively associating her with the possession of arsenic.
let us see what amount of credit can be attached to the evidence of these three witnesses. friley was the first to be examined. after stating what share he had taken in bringing marie to justice (it will be remembered that he lodged his information against her at the instance of madame duparc, without allowing her to say a word in her own defense), he proceeded to depose that he hunted about the bed on which the girl had lain down to recover herself, and that he discovered on the mattress seven or eight scattered grains of some substance which resembled the powder reported to have been found on the crumbs in her pockets. he added further, that on the next day, about two hours before the body of monsieur de beaulieu was examined, he returned to the house, searched under the bed, with monsieur duparc and a soldier named cauvin, and found there four or five grains more of the same substance which he had discovered on the mattress.
here were two separate portions of poison found, then. what did friley do with them? did he seal them up immediately in the presence of witnesses, and take them to the legal authorities? nothing of the sort. on being asked what he did with the first portion, he replied that he gave it to young monsieur beauguillot. beauguillot’s evidence was thereupon referred to, and it was found that he had never mentioned receiving the packet of powder from friley. he had made himself extremely officious in examining the kitchen utensils; he had been as anxious as any one to promote the discovery of arsenic; and when he had the opportunity of producing it, if friley were to be believed, he held it back, and said not one word about the matter. so much for the first portion of the mysterious powder, and for the credibility of friley’s evidence thus far!
on being questioned as to what he had done with the second portion, alleged to have been found under the bed, friley replied that he had handed it to the doctors who opened the body, and that they had tried to discover what it was by burning it between two copper pieces. a witness who had been present at this proceeding declared, on being questioned, that the experiment had been made with some remains of hasty-pudding scraped out of the saucepan. here again was a contradiction, and here, once more, friley’s evidence was, to say the least of it, not to be depended on.
sergeant hébert followed. what had he done with the crumbs of bread scattered over with white powder which he had found in marie’s pocket? he had, after showing them to the company in the drawing-room, exhibited them next to the apothecary, and handed them afterward to another medical man. being finally assured that there was arsenic on the bread, he had sealed up the crumbs, and given the packet to the legal authorities. when had he done that? on the day of his examination as a witness — the fourteenth of august. when did he find the crumbs? on the seventh. here was the arsenic in this case, then, passing about from hand to hand, and not sealed up, for seven days. had surgeon hébert anything more to say? yes, he had another little lot of arsenic to hand in, which a lady-friend of his had told him she had found on marie’s bed, and which, like the first lot, had been passed about privately for seven days, from hand to hand, before it was sealed up. to us, in these later and better days, it seems hardly credible that the judge should have admitted these two packets in evidence. it is, nevertheless, the disgraceful fact that he did so receive them.
commissary bertot came next. he and the man named vassol, who had helped him to entrap marie into prison, and to search her before she was placed in solitary confinement, were examined in succession, and contradicted each other on oath in the flattest manner.
bertot stated that he had discovered the dust at the bottom of her pockets; had shaken it out on paper; had placed with it the little linen bag, containing a morsel of the sacramental wafer, which had been sewn to her petticoat; had sealed the two up in one packet; and had taken the packet to the proper office. vassol, on the other hand, swore that he had shaken out the pockets, and had made up the packet; and that bertot had done nothing in the matter but lend his seal. contradicting each other in these details, both agreed that what they had found on the girl was inclosed and sealed up in one packet, which they had left at the office, neglecting to take such a receipt for it as might have established its identity in writing. at this stage of the proceedings the packet was sent for. three packets appeared instead of one! two were composed of paper, and contained dust and a little white powder. the third was the linen bag, presented without any covering at all. vassol, bewildered by the change, declared that of these three separate objects he could only identify one — the linen bag. in this case, it was as clear as daylight that somebody must have tampered with the single sealed packet which bertot and vassol swore to having left at the office. no attempt, however, was made to investigate this circumstance; and the case for the prosecution — so far as the accusation of poisoning was concerned — closed with the examination of bertot and vassol.
such was the evidence produced in support of a charge which involved nothing less than the life or death of a human being.
