In a postscript he enumerates the persons he saw on that day: Citoyen Tixier, General Cambrai, 'Demoiselle Eugénie, Citoyen Hilaire Ledru, his wife's hairdresser, the workmen in his apartments, and the porter of the house.
V.—THE TRIAL, AND THE BLINDNESS OF ZEAL
MM. Lesurques, Guesno, Couriol, Bernard, Richard, and Bruer, were summoned before the tribunal of justice; the three first as authors or accomplices of the murder and robbery—Bernard as having furnished the horses—Richard as having concealed at his house Couriol—and his mistress, Madelaine Breban, as having received and concealed part of the stolen goods—and Bruer as having given Couriol refuge at Château-Thierry.
The witnesses persisted in their declarations as to the identity of Guesno and Lesurques. But Guesno established beyond all doubt the fact of his alibi; and Bruer easily refuted every charge that concerned himself. Lesurques had cited fifteen witnesses—all respectable men—and presented himself at the bar with a calmness and confidence which produced a favourable impression. Against the positive testimony of the six witnesses who asserted him to have been at Mongeron and Lieursaint on the 8th Floréal, he had brought a mass of testimony to prove an alibi.
Citoyen Legrand, a rich jeweller and goldsmith, compatriot of Lesurques, was first examined. He deposed, that on the 8th Floréal—the day on which the crime had been committed—Lesurques had passed a portion of the morning with him.
Aldenof, a jeweller, Hilaire Ledru, and Chausfer, deposed, that on that day they dined with Lesurques in the Rue Montorgueil; that, after dinner, they went to a café, took some liqueur, and went home with him.
Beudart, a painter, deposed that he was invited to the dinner, with Lesurques and his friends, but that, as one of the national guard, he was that day on service, and so was prevented attending; but that, he had gone to Lesurques that very evening in his uniform, and had seen him go to bed. In support of his deposition he produced his billet de garde, dated the 8th.
Finally, the workmen employed in the apartment that Lesurques was having fitted up, deposed that they saw him at various times during the 8th and 9th Floréal.
No further doubt of his innocence now remained; the alibi was so distinctly proved, and on such unquestionable testimony, that the jury showed in their manner that they were ready to acquit him, when a fatal circumstance suddenly changed the whole face of the matter.
The jeweller Legrand, who had manifested such zeal in the establishment of his friend's innocence, had, with an anxiety to avail himself of every trifle, declared, that to prove the sincerity of his declaration, he would cite a fact which prevented his being mistaken. On the 8th Floréal, he had made before dinner an exchange of jewellery with the witness, Aldenof. He proposed that his ledger should be sent for, as its entry there would serve to fix all recollections.
As a matter of form, the ledger was sent for. At the first glance, however, it was evident that the date of the transaction, mentioned by Legrand, had been altered! The exchange had taken place on the 9th, and an alteration, badly dissimulated by an erasure, had substituted the figure 8 for the original figure 9.
Murmurs of surprise and indignation followed this discovery, and the President, pressing Legrand with questions, and unable to obtain from him any satisfactory answer, ordered his arrest. Legrand then, trembling and terrified, retracted his former deposition, and declared that he was not certain he had seen Lesurques on the 8th Floréal, but that he had altered his book in order to give more probability to the declaration he had determined to make in his friend's favour—of whose innocence he was so assured, that it was only the conviction that he was accused erroneously, which made him perjure himself to save that innocent head.
From this moment, the jury received the depositions in favour of Lesurques with extreme prejudice—those already heard seemed little better than connivance, and those yet to be heard were listened to with such suspicion as to have no effect. The conviction of his guilt was fixed in every mind. Lesurques, despairing to get over such fatal appearances, ceased his energetic denials, and awaited his sentence in gloomy silence. The jury retired.
At this moment a woman, agitated with the most violent emotions, demanded to speak to the President. She said that she was moved by the voice of conscience, and wished to save the criminal tribunal from a dreadful error. It was Madelaine Breban, the mistress of Couriol. Brought before the President, she declared that she knew positively Lesurques was innocent, and that the witnesses, deceived by an inexplicable resemblance, had confounded him with the real culprit, who was called Dubosq.
Prejudiced as they were against Lesurques, and suspicious of all testimony after the perjury they had already detected, the tribunal scarcely listened to Madelaine Breban; and the jury returned with their verdict, in consequence of which, Couriol, Lesurques, and Bernard were condemned to death; Richard to four-and-twenty years' imprisonment; Guesno and Bruer were acquitted.
No sooner was the sentence passed, than Lesurques rose calmly, and addressing the Judges, said, "I am innocent of the crime of which I am accused. Ah! citoyens, if it is horrible to murder on the high-road, it is not less so to murder by the law!"
Couriol, condemned to death, rose and said, "Yes, I am guilty—I avow it. But Lesurques is innocent, and Bernard did not participate in the murder."
Four times he reiterated this declaration; and, on entering his prison, he wrote to the judge a letter full of sorrow and repentance, in which he said, "I have never known Lesurques; my accomplices are Vidal, Rossi, Durochat, and Dubosq. The resemblance of Lesurques to Dubosq has deceived the witnesses."
To this declaration of Couriol was joined that of Madelaine Breban, who, after the judgment, returned to renew her protestation, accompanied by two individuals, who swore that, before the trial, she had told them Lesurques had never had any relations with the culprits; but that he was a victim of his fatal likeness to Dubosq. These testimonies threw doubt in the minds of the magistrates, who hastened to demand a reprieve from the Directory, which, terrified at the idea of seeing an innocent man perish through a judicial error, had recourse to the Corps Législatif; for every other resource was exhausted. The message of the Directory to the Five Hundred was pressing; its aim was to demand a reprieve, and a decision as to what course to pursue. It ended thus: "Must Lesurques perish on the scaffold because he resembles a villain?"
The Corps Législatif passed to the order of the day, as every condition had been legally fulfilled, that a particular case could not justify an infraction of decreed laws; and that, too, on such indications, to do away with a condemnation legally pronounced by a jury, would be to overset all ideas of justice and equality before the law.
The right of pardon had been abolished; and Lesurques had neither resources nor hope. He bore his fate with firmness and resignation, and wrote, on the day of his execution, this note to his wife:—
"Ma bonne Amie,—There is no eluding ones destiny, I was fated to be judicially murdered. I shall at least bear it with proper courage. I send you my locks of hair; when our children are grown up, you will divide it among them; it is the only heritage I can leave them."
He addressed also a letter to Dubosq through the newspapers. "You, in whose place I am about to perish, content yourself with the sacrifice of my life. Should