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Chapter 5. Hushed up.

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the saddest part of marie’s sad story now remains to be told.

one resource was left her, by employing which it was possible, at the last moment, to avert for a few months the frightful prospect of the torture and the stake. the unfortunate girl might stoop, on her side, to use the weapons of deception against her enemies, and might defame her own character by pleading pregnancy. that one miserable alternative was all that now remained; and, in the extremity of mortal terror, with the shadow of the executioner on her prison, and with the agony of approaching torment and death at her heart, the forlorn creature accepted it. if the law of strict morality must judge her in this matter without consideration, and condemn her without appeal, the spirit of christian mercy — remembering how sorely she was tried, remembering the frailty of our common humanity, remembering the warning word which forbade us to judge one another — may open its sanctuary of tenderness to a sister in affliction, and may offer her the tribute of its pity, without limit and without blame.

the plea of pregnancy was admitted, and, at the eleventh hour, the period of the execution was deferred. on the day when her ashes were to have been cast to the winds, she was still in her prison, a living, breathing woman. her limbs were spared from the torture, her body was released from the stake, until the twenty-ninth of july, seventeen hundred and eighty-two. on that day her reprieve was to end, and the execution of her sentence was absolutely to take place.

during the short period of grace which was now to elapse, the situation of the friendless girl, accused of such incredible crimes and condemned to so awful a doom, was discussed far and wide in french society. the case became notorious beyond the limits of caen. the report of it spread by way of rouen, from mouth to mouth, till it reached paris; and from paris it penetrated into the palace of the king at versailles. that unhappy man, whose dreadful destiny it was to pay the penalty which the long and noble endurance of the french people had too mercifully abstained from inflicting on his guilty predecessors, had then lately mounted the fatal steps of the throne. louis the sixteenth was sovereign of france when the story of the poor servant-girl obtained its first court circulation at versailles. the conduct of the king, when the main facts of marie’s case came to his ears, did all honor to his sense of duty and his sense of justice. he instantly dispatched his royal order to suspend the execution of the sentence. the report of marie’s fearful situation had reached him so short a time before the period appointed for her death, that the royal mandate was only delivered to the parliament of rouen on the twenty-sixth of july.

the girl’s life now hung literally on a thread. an accident happening to the courier, any delay in fulfilling the wearisome official formalities proper to the occasion — and the execution might have taken its course. the authorities at rouen, feeling that the king’s interference implied a rebuke of their inconsiderate confirmation of the caen sentence, did their best to set themselves right for the future by registering the royal order on the day when they received it. the next morning, the twenty-seventh, it was sent to caen; and it reached the authorities there on the twenty-eighth.

that twenty-eighth of july, seventeen hundred and eighty-two, fell on a sunday. throughout the day and night the order lay in the office unopened. sunday was a holiday, and procurator revel was not disposed to occupy it by so much as five minutes’ performance of week-day work. on monday, the twenty-ninth, the crowd assembled to see the execution. the stake was set up, the soldiers were called out, the executioner was ready. all the preliminary horror of the torturing and burning, was suffered to darken round the miserable prisoner, before the wretches in authority saw fit to open the message of mercy and to deliver it at the prison-gate.

she was now saved, as if by a miracle, for the second time! but the cell door was still closed on her. the only chance of ever opening it — the only hope of publicly asserting her innocence, lay in appealing to the king’s justice by means of a written statement of her case, presenting it exactly as it stood in all its details, from the beginning at madame duparc’s to the end in the prison of caen. the production of such a document as this was beset with obstacles; the chief of them being the difficulty of gaining access to the voluminous reports of the evidence given at the trial, which were only accessible in those days to persons professionally connected with the courts of law. if marie’s case was to be placed before the king, no man in france but a lawyer could undertake the duty with the slightest chance of serving the interests of the prisoner and the interests of truth.

in this disgraceful emergency a man was found to plead the girl’s cause, whose profession secured to him the privilege of examining the evidence against her. this man — a barrister, named lecauchois — not only undertook to prepare a statement of the case from the records of the court — but further devoted himself to collecting money for marie, from all the charitably disposed inhabitants of the town. it is to be said to his credit that he honestly faced the difficulties of his task, and industriously completed the document which he had engaged to furnish. on the other hand, it must be recorded to his shame, that his motives were interested throughout, and that with almost incredible meanness he paid himself for the employment of his time by putting the greater part of the sum which he had collected for his client in his own pocket. with her one friend, no less than with all her enemies, it seems to have been marie’s hard fate to see the worst side of human nature, on every occasion when she was brought into contact with her fellow-creatures.

the statement pleading for the revision of marie’s trial was sent to paris. an eminent barrister at the court of requests framed a petition from it, the prayer of which was granted by the king. acting under the royal order, the judges of the court of requests furnished themselves with the reports of the evidence as drawn up at caen; and after examining the whole case, unanimously decided that there was good and sufficient reason for the revision of the trial. the order to that effect was not issued to the parliament of rouen before the twenty-fourth of may, seventeen hundred and eighty-four — nearly two years after the king’s mercy had saved marie from the executioner. who can say how slowly that long, long time must have passed to the poor girl who was still languishing in her prison?

the rouen parliament, feeling that it was held accountable for its proceedings to a high court of judicature, acting under the direct authority of the king himself, recognized at last, readily enough, that the interests of its own reputation and the interests of rigid justice were now intimately bound up together; and applied itself impartially, on this occasion at least, to the consideration of marie’s case.

as a necessary consequence of this change of course, the authorities of caen began, for the first time, to feel seriously alarmed for themselves. if the parliament of rouen dealt fairly by the prisoner, a fatal exposure of the whole party would be the certain result. under these circumstances, procurator revel and his friends sent a private requisition to the authorities at rouen, conjuring them to remember that the respectability of their professional brethren was at stake, and suggesting that the legal establishment of marie’s innocence was the error of all others which it was now most urgently necessary to avoid. the parliament of rouen was, however, far too cautious, if not too honest, to commit itself to such an atrocious proceeding as was here plainly indicated. after gaining as much time as possible by prolonging their deliberations to the utmost, the authorities resolved on adopting a middle course, which, on the one hand should not actually establish the prisoner’s innocence, and, on the other, should not publicly expose the disgraceful conduct of the prosecutor at caen. their decree, not issued until the twelfth of march, seventeen hundred and eighty-five, annulled the sentence of procurator revel on technical grounds; suppressed the further publication of the statement of marie’s case, which had been drawn out by the advocate lecauchois, as libelous toward monsieur revel and madame duparc; and announced that the prisoner was ordered to remain in confinement until more ample information could be collected relating to the doubtful question of her innocence or her guilt. no such information was at all likely to present itself (more especially after the only existing narrative of the case had been suppressed); and the practical effect of the decree, therefore, was to keep marie in prison for an indefinite period, after she had been illegally deprived of her liberty already from august, seventeen hundred and eighty-one, to march, seventeen hundred and eighty-five. who shall say that the respectable classes did not take good care of their respectability on the eve of the french revolution!

marie’s only hope of recovering her freedom, and exposing her unscrupulous enemies to the obliquy and the punishment which they richly deserved, lay in calling the attention of the higher tribunals of the capital to the cruelly cunning decree of the parliament of rouen. accordingly, she once more petitioned the throne. the king referred the document to his council; and the council issued an order submitting the rouen decree to the final investigation of the parliament of paris.

at last, then, after more than three miserable years of imprisonment, the victim of madame duparc and procurator revel had burst her way through all intervening obstacles of law and intricacies of office, to the judgment-seat of that highest law court in the country, which had the final power of ending her long sufferings and of doing her signal justice on her adversaries of all degrees. the parliament of paris was now to estimate the unutterable wrong that had been inflicted on her; and the eloquent tongue of one of the first advocates of that famous bar was to plead her cause openly before god, the king, and the country.

the pleading of monsieur fournel (marie’s counsel) before the parliament of paris, remains on record. at the outset, he assumes the highest ground for the prisoner. he disclaims all intention of gaining her liberty by taking the obvious technical objections to the illegal and irregular sentences of caen and rouen. he insists on the necessity of vindicating her innocence legally and morally before the world, and of obtaining the fullest compensation that the law allows for the merciless injuries which the original prosecution had inflicted on his client. in pursuance of this design, he then proceeds to examine the evidence of the alleged poisoning and the alleged robbery, step by step, pointing out in the fullest detail the monstrous contradictions and improbabilities which have been already briefly indicated in this narrative. the course thus pursued, with signal clearness and ability, leads, as every one who has followed the particulars of the case from the beginning will readily understand, to a very serious result. the arguments for the defense cannot assert marie’s innocence without shifting the whole weight of suspicion, in the matter of monsieur de beaulieu’s death by poisoning, on to the shoulders of her mistress, madame duparc.

it is necessary, in order to prepare the reader for the extraordinary termination of the proceedings, to examine this question of suspicion in some of its most striking details.

the poisoning of monsieur de beaulieu may be accepted, in consideration of the medical evidence, as a proved fact, to begin with. the question that remains is, whether that poisoning was accidental or premeditated. in either case, the evidence points directly at madame duparc, and leads to the conclusion that she tried to shift the blame of the poisoning (if accidental), and the guilt of it (if premeditated), from herself to her servant.

suppose the poisoning to have been accidental. suppose arsenic to have been purchased for some legitimate domestic purpose, and to have been carelessly left, in one of the salt-cellars, on the dresser — who salts the hasty-pudding? madame duparc. who — assuming that the dinner next day really contained some small portion of poison, just enough to swear by — prepared that dinner? madame duparc and her daughter, while the servant was asleep. having caused the death of her father, and having produced symptoms of illness in herself and her guests, by a dreadful accident, how does the circumstantial evidence further show that madame duparc tried to fix the responsibility of that accident on her servant before she openly charged the girl with poisoning?

in the first place, madame duparc is the only one of the dinner-party who attributes the general uneasiness to poison. she not only does this, but she indicates the kind of poison used, and declares in the kitchen that it is burned — so as to lead to the inference that the servant, who has removed the dishes, has thrown some of the poisoned food on the fire. here is a foregone conclusion on the subject of arsenic in madame duparc’s mind, and an inference in connection with it, directed at the servant by madame duparc’s lips. in the second place, if any trust at all is to be put in the evidence touching the finding of arsenic on or about marie’s person, that trust must be reposed in the testimony of surgeon hébert, who first searched the girl. where does he find the arsenic and the bread-crumbs? in marie’s pockets. who takes the most inexplicably officious notice of such a trifle as marie’s dress, at the most shockingly inappropriate time, when the father of madame duparc lies dead in the house? madame duparc herself. who tells marie to take off her sunday pockets, and sends her into her own room (which she herself has not entered during the night, and which has been open to the intrusion of any one else in the house) to tie on the very pockets in which the arsenic is found? madame duparc. who put the arsenic into the pockets? is it jumping to a conclusion to answer once more — madame duparc?

thus far we have assumed that the mistress attempted to shift the blame of a fatal accident on to the shoulders of the servant. do the facts bear out that theory, or do they lead to the suspicion that the woman was a parricide, and that she tried to fix on the friendless country girl the guilt of her dreadful crime?

if the poisoning of the hasty-pudding (to begin with) was accidental, the salting of it, through which the poisoning was, to all appearance, effected, must have been a part of the habitual cookery of the dish. so far, however, from this being the case, madame duparc had expressly warned her servant not to use salt; and only used the salt (or the arsenic) herself, after asking a question which implied a direct contradiction of her own directions, and the inconsistency of which she made no attempt whatever to explain, again, when her father was taken ill, if madame duparc had been only the victim of an accident, would she have remained content with no better help than that of an apothecary’s boy? would she not have sent, as her father grew worse, for the best medical assistance which the town afforded? the facts show that she summoned just help enough barely to save appearances, and no more.

the facts show that she betrayed a singular anxiety to have the body laid out as soon as possible after life was extinct. the facts show that she maintained an unnatural composure on the day of the death. these are significant circumstances. they speak for themselves independently of the evidence given afterward, in which she and her child contradicted each other as to the time that elapsed when the old man had eaten his fatal meal before he was taken ill. add to these serious facts the mysterious disappearance from the house of the eldest son, which was never accounted for; and the rumor of purchased poison, which was never investigated. consider, besides, whether the attempt to sacrifice the servant’s life be not more consistent with the ruthless determination of a criminal, than with the terror of an innocent woman who shrinks from accepting the responsibility of a frightful accident — and determine, at the same time, whether the infinitesimal amount of injury done by the poisoned dinner can be most probably attributed to lucky accident, or to premeditated doctoring of the dishes with just arsenic enough to preserve appearances, and to implicate the servant without too seriously injuring the company on whom she waited. give all these serious considerations their due weight; then look back to the day of monsieur de beaulieu’s death, and say if madame duparc was the victim of a dreadful accident, or the perpetrator of an atrocious crime!

that she was one or the other, and that, in either case, she was the originator of the vile conspiracy against her servant which these pages disclose, was the conclusion to which monsieur fournel’s pleading on his client’s behalf inevitably led. that pleading satisfactorily demonstrated marie’s innocence of poisoning and theft, and her fair claim to the fullest legal compensation for the wrong inflicted on her. on the twenty-third of may, seventeen hundred and eighty-six, the parliament of paris issued its decree, discharging her from the remotest suspicion of guilt, releasing her from her long imprisonment, and authorizing her to bring an action for damages against the person or persons who had falsely accused her of murder and theft. the truth had triumphed, and the poor servant-girl had found laws to protect her at last.

under these altered circumstances, what happened to madame duparc? what happened to procurator revel and his fellow-conspirators? what happened to the authorities of the parliament of rouen? nothing.

the premonitory rumblings of that great earthquake of nations which history calls the french revolution were, at this time, already beginning to make themselves heard; and any public scandal which affected the wealthier and higher classes involved a serious social risk, the importance of which no man in france could then venture to estimate. if marie claimed the privilege which a sense of justice, or rather a sense of decency, had forced the parliament of paris to concede to her — and, through her counsel, she did claim it — the consequences of the legal inquiry into her case which her demand for damages necessarily involved would probably be the trying of madame duparc, either for parricide or for homicide by misadventure; the dismissal of procurator revel from the functions which he had disgracefully abused; and the suspension from office of the authorities at caen and rouen, who had in various ways forfeited public confidence by aiding and abetting him.

here, then, was no less a prospect in view than the disgrace of a respectable family, and the dishonoring of the highest legal functionaries of two important provincial towns! and for what end was the dangerous exposure to be made? merely to do justice to the daughter of a common day-laborer, who had been illegally sentenced to torture and burning, and illegally confined in prison for nearly five years. to make a wholesale sacrifice of her superiors, no matter how wicked they might be, for the sake of giving a mere servant-girl compensation for the undeserved obloquy and misery of many years, was too preposterous and too suicidal an act of justice to be thought of for a moment. accordingly, when marie was prepared to bring her action for damages, the lawyers laid their heads together in the interests of society. it was. found possible to put her out of court at once and forever, by taking a technical objection to the proceedings in which she was plaintiff at the very outset. this disgraceful means of escape once discovered, the girl’s guilty persecutors instantly took advantage of it. she was formally put out of court, without the possibility of any further appeal. procurator revel and the other authorities retained their distinguished legal positions; and the question of the guilt or innocence of madame duparc, in the matter of her father’s death, remains a mystery which no man can solve to this day.

after recording this scandalous termination of the legal proceedings, it is gratifying to be able to conclude the story of marie’s unmerited sufferings with a picture of her after-life which leaves an agreeable impression on the mind.

if popular sympathy, after the servant-girl’s release from prison, could console her for the hard measure of injustice under which she had suffered so long and so unavailingly, that sympathy was now offered to her heartily and without limit. she became quite a public character in paris. the people followed her in crowds wherever she went. a subscription was set on foot, which, for the time at least, secured her a comfortable independence. friends rose up in all directions to show her such attention as might be in their power; and the simple country girl, when she was taken to see the sights of paris, actually beheld her own name placarded in the showmen’s bills, and her presence advertised as the greatest attraction that could be offered to the public. when, in due course of time, all this excitement had evaporated, marie married prosperously, and the government granted her its license to open a shop for the sale of stamped papers. the last we hear of her is, that she was a happy wife and mother, and that she performed every duty of life in such a manner as to justify the deep interest which had been universally felt for her by the people of france.

her story is related here, not only because it seemed to contain some elements of interest in itself, but also because the facts of which it is composed may claim to be of some little historical importance, as helping to expose the unendurable corruptions of society in france before the revolution. it may not be amiss for those persons whose historical point of view obstinately contracts its range to the reign of terror, to look a little further back — to remember that the hard case of oppression here related had been, for something like one hundred years, the case (with minor changes of circumstance) of the forlorn many against the powerful few all over france — and then to consider whether there was not a reason and a necessity, a dreadful last necessity, for the french revolution. that revolution has expiated, and is still expiating, its excesses, by political failures, which all the world can see. but the social good which it indisputably effected remains to this day. take, as an example, the administration of justice in france at the present time. whatever its shortcomings may still be, no innocent frenchwoman could be treated now as an innocent frenchwoman was once treated at a period so little remote from our own time as the end of the last century.

the end

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